Regulation

Mystic.pl Online Store

Terms and Conditions

§ 1

General Provisions

For the purposes of this document, the following terms have the following meanings:

Terms and Conditions: these Terms and Conditions, which define the general conditions and rules on the conduct of sales through the Online Store and the provision of Electronic Services;
Online Store: the online store accessible at https://mystic.pl/ (Polish version) and https://mystic-production.com/ (English version);
Vendor: Mystic Production Spółka z ograniczoną odpowiedzialnością with its registered office in Minoga, address: Minoga 127, 32-046 Minoga (Poland), entered in the Register of Entrepreneurs of the National Court Register under No. 798783, whose records are kept at the District Court for Krakow-Śródmieście in Kraków, XII Economic Division of the National Court Register, with a share capital of PLN 5,000.00, NIP: 5130261894, REGON: 384087213, telephone: 12 38 921 35, email: zamowienia@mystic.pl;
Customer: a natural person, legal person or organization (which is not a legal person but has legal capacity under special regulations) using the Online Store;
Consumer: a consumer within the purview of Article 22¹ of the Civil Code, i.e. a natural person who engages with an entrepreneur to make a legal transaction that is not directly related to his business or professional activity, as well as a natural person who enters into an agreement that is directly related to his business activity, if the content of the agreement indicates that it is not of a professional nature for him, arising in particular from the subject of his business activity, made available pursuant to the provisions of the Central Register and Information on Business Activity;
Customer Account: an individual account in the Online Store assigned to a specific Customer, which allows him to use particular functionalities of the Online Store;
Goods: movable products available for purchase in the Online Store;
Goods with digital content: goods containing digital content or digital service or a combination thereof that precludes their proper functioning without the digital content or digital service, available for purchase in the Online Store, e.g. compact discs with audio recordings;
Product: Goods or Goods with digital content;
Order: an offer made by the Customer to conclude an Agreement concerning a Product made available by the Vendor in the Online Store;
Agreement: sale agreement concerning a Product concluded by and between the Vendor and the Customer in accordance with the Terms and Conditions;
Electronic Services: electronic services provided by the Vendor to the Customer through electronic means, referred to in the Electronic Services Act, set forth in the Terms and Conditions;
Consumer Rights Act: the Act of May 30, 2014 on consumer rights (consolidated text: Dz.U. [Journal of Laws] of 2020 item 287 as amended);
Civil Code: the Act of April 23, 1964 on the Civil Code (consolidated text: Dz. U. [Journal of Laws] of 2022 item 1360 as amended);
Electronic Services Act: the Act of July 18, 2002 on the provision of electronic services (consolidated text: Dz.U. [Journal of Laws] of 2020 item 344 as amended);
Newsletter: an electronic service involving periodical distribution of commercial information (in particular on the latest releases, promotions, available Products, events related to the activities of the Vendor) by the Vendor to Customers by email to the address provided by them.

Through the Online Store, the Vendor conducts mail order sales including, in particular, works recorded in digital form on optical media (CD; DVD; Blu‑Ray), magnetic media (cassette tapes) and analog media (vinyl records), books and apparel linked to musical works sold through the Online Store.

§ 2

Using the Online Store

The Online Store enables the Customer to:
1. view the catalog of Products and their prices including taxes (gross amounts) expressed in PLN in the Polish version of the Online Store and expressed in EUR in the English version of the Online Store;
2. purchase Products;
3. create a Customer Account and use its functionalities;
4. obtain information on the Products, their properties and functionalities, and inquire of the Vendor thereabout.
5. obtain information on promotions announced by the Vendor and on how to participate therein;
6. subscribe to the Newsletter;
7. bookmark Products by using the star symbol beside the Product and view the bookmarked Products by using the star symbol in the top part of the Online Store;
8. access the documents required by law to be made available in the Online Store (such as: Online Store Terms and Conditions, Privacy Policy, including information on the processing of personal data, Cookie Policy).
Certain functionalities of the Online Store may be accessible to Customers only after logging into the Customer Account.
Through the Online Store, the Vendor provides Customers free access to the following electronic Services:

Customer Account Maintenance Service: a service provided for an indefinite period of time, from the moment the Customer Account is created until the Customer requests the deletion of the Customer Account; detailed information on the Service is set forth in § 3 of the Terms and Conditions;
Order Placement Service: a service available in the Online Store through an Order form, which is a one-time process that ends when the Customer places an Order or withdraws from placing an Order; detailed information on the Service is set forth in § 5 of the Terms and Conditions;
Newsletter: a service provided for an indefinite period of time from the moment the Customer expresses interest in receiving the Newsletter until he cancels the subscription or until the Vendor terminates the Service; detailed information on the Newsletter Service is set forth in § 8 of the Terms and Conditions.

The use of the Online Store is free of charge (except for payments for purchasing the Products). The Customer bears the cost of using the Internet in accordance with the contract binding him with the Internet provider.
In order to use the Online Store, including its Electronic Services, it is necessary to:

have a device that allows access to the Internet,
enable JavaScript
install a web browser (in an up-to-date version): Google Chrome, Mozilla Firefox, Safari, Microsoft Edge or Opera,
have an active email account if using the Customer Account Maintenance Service, placing an Order and using the Newsletter Service.

In order for the technologies used in the Online Store to work properly, it may be necessary to use appropriate plug-ins or functionalities that are run in the operating system of the Customer’s device or web browser.
In addition, the Online Store uses the so-called web cookies, as described in the Cookie Policy.
The Customer shall:

use the Online Store in accordance with the provisions of the Terms and Conditions, provisions of law and good practice;
not use the Online Store to the detriment of the Vendor or third parties;
not introduce unlawful content into the Online Store, in particular content that violates the personal rights of third parties, content that is untrue, offensive, contrary to good morals or misleading.

§ 3

Customer Account

Through the Customer Account panel, the Online Store allows the Customers to:

view the Orders they have placed and their status,
edit Customer data, including saved billing address and shipping address,
use potential discounts for regular Customers or other bonuses if offered by the Vendor.

In order to create a Customer Account, the following steps must be taken:

select the "Registration" tab located at the top of the Online Store page, marked by a pictogram representing the upper part of a human silhouette;
complete the registration form with the following information: Customer's details for invoicing and delivery (name and surname, street and house number, postal code and city, country; in the case of companies: company name, VAT number, address data, name and surname of a contact person), email address, telephone number, Customer's login and password to Customer Account;
it is also possible to create a Customer Account using a Google, Facebook or LinkedIn account by clicking on the appropriate button on the registration page, in which case the data required to create the Customer Account is taken from the Customer's Google, Facebook or LinkedIn account respectively;
tick the box indicating acceptance of the Terms and Conditions and Privacy Policy located at the bottom of the registration form;
if the Customer agrees to receive commercial information from the Vendor by email and to have his personal data processed for marketing purposes (for the purpose of the Newsletter), tick the boxes indicating consent to receive the Newsletter;
after completing the above steps, press the "Register Account" button located at the bottom of the form.

Once the Customer Account has been created, the Vendor sends a confirmation email to the email address provided by the Customer confirming that the Customer Account has been created.
Once the Account has been created, the Customer may edit or complete the invoicing and delivery data, and to change the password used to log into the Customer Account.
The Customer may log into his Customer Account at any given time by selecting the "Sign in" tab located at the top of the Online Store page, marked with a pictogram representing the upper part of a human silhouette, and entering his email address or login and password;
The use of a Customer Account is free of charge, voluntary and is not a condition for placing an Order in the Online Store. The Customer may place an Order without prior registration by taking the steps referred to in § 4 of the Terms and Conditions.
At any given time, the Customer may request the removal of the Customer Account by sending a relevant statement to the Vendor, in particular by email to zamowienia@mystic.pl or in writing to Minoga 127, 32-046 Minoga (Poland). Such statement constitutes immediate termination of this Electronic Service and is tantamount to a cancellation of the use of the Customer Account. In such event, all the data stored in the Customer Account is deleted.
The removal of the Customer Account releases the Customer and the Vendor from the obligations related to the maintenance of the Customer Account. This does not release them from liability for breaching the obligations assumed prior to the removal of the Customer Account.

§ 4

Orders

Information on the Products does not constitute an offer within the purview of Article 66 of the Civil Code; it is an invitation to conclude an agreement within the purview of Article 71 of the Civil Code.
Products can be purchased after logging into the Customer Account or without registration.
As a condition for placing an Order, the Customer must become familiar with and accept the Terms and Conditions no later than at the time of placing an Order.
The Online Store (in individual tabs) provides information on available Products, their prices, features and functionalities.
The prices of the Products in the Online Store and the costs of delivery are expressed in gross amounts (including VAT). The prices do not include the costs of delivering the Products, which are indicated to the Customer separately at the time of placing an Order.
The process of placing an Order by the Customer in the Online Store is as follows:

BASKET:

the Customer selects the Product he intends to purchase; if different versions are available, he should make a selection, e.g. select the size in the case of apparel, and then press the "Add to Basket" button located on the right-hand side of the page,
when the Product has been added to the basket, it is possible to continue shopping or place an order, which is done by pressing the appropriate button displayed on the page of the Online Store (respectively: "Continue Shopping" or "Go to Basket");
by selecting the "Go to Basket" command, the user is redirected to the basket; the basket can also be accessed by selecting the basket tab in the upper right-hand corner (by pressing the basket pictogram);
after being redirected to the basket, a summary of the Products added to the basket will appear, including their quantities and prices, as well as the delivery costs, the total amount to be paid, and the estimated date of shipment; at this stage it is possible to add or remove Products from the basket, add comments to the Products ordered, or continue shopping by selecting the "Continue Shopping" command;
to place an Order, press the "Forward" button located on the right-hand side of the page;

to place an Order, the user may log into the "Customer Account" (by selecting "Sign in”) or proceed without registration (by selecting "Order without registration"); at this stage it is also possible to create a Customer Account by selecting "Register and Order";
ORDER FORM, if displayed:

in the case of Customers logged into the Customer Account, the data stored in this Account will be used, unless the Customer modifies it,
when placing an Order without registration, it is necessary to complete the Customer's details for invoicing and delivery (for natural persons: name and surname, street and house number, postal code and city, country; for companies: company name, VAT number, street and house number, postal code and city, country, name and surname of contact person), email address and telephone number, as well as the password to the Customer Account; it is also possible to use the data from Google, Facebook or LinkedIn, which is done by pressing the appropriate button on the page, in which case the data necessary to complete the Order form are taken from the Customer's Google, Facebook or LinkedIn account, respectively;
tick the box indicating acceptance of the Terms and Conditions and Privacy Policy located at the bottom of the Order form;
if the Customer agrees to receive commercial information from the Vendor by email and to have his personal data processed for marketing purposes (for the purpose of the Newsletter), tick the boxes indicating consent to receive the Newsletter;
once the above operations have been carried out, press the "Next" button at the bottom of the form,

DELIVERY AND PAYMENT:

select the method of payment and delivery of the Product by selecting one of the displayed options (after the selection is made, the amount to be paid will be updated), and then select the "Forward" command;
when choosing delivery to a parcel locker, select its location;

ORDER SUMMARY:

once the above operations have been carried out, a summary of the order will appear, containing the Customer's details, the method and address of delivery, the list of ordered Products, and the method of payment; at this stage it is possible to edit the aforementioned data, enter comments for the Online Store or the courier, as well as to change the method of delivery or payment, which may entail a change in the amount to be paid (if a different method of delivery is selected);
once the Customer's details have been verified and the method of delivery and payment has been selected, it is necessary to tick the box indicating acceptance of the Terms and Conditions and the boxes indicating acknowledgment of the right to withdraw from the Agreement, which is tantamount to the Customer’s acknowledgment and approval of the provisions contained therein; an Order can be placed only after accepting the Terms and Conditions and acknowledging the right to withdraw from the Agreement;
finally, select the command "Order with obligation to pay";

PAYMENT OF THE ORDER:

when choosing payment in advance through PayPal or PayU, it is necessary to pay for the Order by selecting the command "Pay the remaining amount", which will redirect the user to the online payment service of choice, where the payment can be made.

Once the Order has been placed:

if the Customer chooses to pay in advance, the Vendor will send the Customer an email (to the email address provided by the Customer) with confirmation of having received the Order together with information on having received the payment for the Order; however, if the Vendor receives information on the payment only after a certain period of time from placing the Order (which may be due to the method of payment chosen by the Customer or delays caused by the payment provider), the Vendor will send the Customer another email with confirmation of having received the Customer’s payment;
if the Customer chooses to pay by cash on delivery, the Vendor will send the Customer an email with confirmation of having received the Order to the email address provided by the Customer;
immediately after confirming the receipt of the Order, the Vendor will verify it; if the Order cannot be accepted, the Customer will be informed thereabout and will be able to use one of the following options:

fulfill the Order to the extent indicated in the response to the Order, e.g. in a different quantity;
order a different Product;
fulfill the Order within the time specified in the response to the Order;
cancel the Order and receive a refund for the advance payment;

The Customer may choose one of the above options within 7 days of receiving the response to the Order. If the Customer fails to make a decision within the specified period, the Vendor will refuse to accept the Order and refund the amount covered by the advance payment to the Customer. The Vendor shall refund the advance payment using the same method of payment as originally used by the Customer, unless the Customer has agreed to a different method of refund.

once the Order has been verified (and the payment has been received in the case of payment in advance), the Customer will receive information to the email address provided by him that the Order has been accepted for processing, which means that the offer made by the Customer has been accepted and from that moment the Agreement is concluded;
the Vendor will notify the Customer that the Order has been shipped by sending an email to the email address provided by the Customer.

Orders can also be placed by telephone at the following number: (012) 38 92 135 for retail and (012) 38 90 513 for wholesale. Telephone orders through the above numbers can be placed from Monday to Friday, from 8:00 am to 4:00 pm. If the Customer provides an email address, the Vendor will send him an email containing all the necessary information on the Order and confirmation of its acceptance; in the case of Consumers the email will also contain information on the content of the Agreement and the Customer's rights. In the case of Customers who do not have an email address, all the necessary information will be provided to the Customer before the Order is placed; in the case of Consumers all the necessary information will be confirmed in writing.

§ 5

Payment

The following payment methods are available in the Online Store:

payment on delivery;
payment in advance through PayPal, available to Customers who have an account in this system, as described on the website: https://www.paypal.com/pl,
payment in advance through the external PayU payment system operated by PayU S.A. with its registered office in Poznan. PayU allows users to make payments through various mechanisms (payment by card, fast transfer, BLIK, etc.), as described on the website https://poland.payu.com/dokumenty-prawne-do-pobrania/
payment in advance by bank transfer to the Vendor's bank account held by Millenium Bank, account number: 78 1160 2202 0000 0004 8497 0979,
payment in advance by postal money order (this applies only to Orders placed by telephone, referred to in § 4 (8) of the Terms and Conditions).

If the Customer chooses:

payment by bank transfer, electronic payment or postal money order, then the Customer shall make payment within 7 days of concluding the Agreement,
payment on delivery, then the Customer shall make payment in cash upon receiving the Product.

If the Customer fails to make payment within the period specified in paragraph 2(a) hereinabove, the Vendor shall cancel the Order.

§ 6

Delivery

The delivery is made by mail (Poczta Polska), courier (DHL) to the address indicated by the Customer in the Order or to a parcel locker indicated by the Customer (InPost).
The delivery of the Product is possible in Poland and in the countries listed when placing the Order. The cost and method of delivery abroad depends on the country of delivery, the carrier, and the weight of the shipment.
The delivery of the Product starts when the Order has been accepted for execution by the Vendor and:

when the payment has been made by the Customer to the bank account of the Vendor, if the Customer has decided to pay by bank transfer to the Vendor's bank account;
when the Vendor has received the information from PayU or PayPal, respectively, about the payment made by the Customer, if the Customer has decided to pay via PayU or PayPal;
when the Vendor has received the postal money order, if the Customer has decided to pay by postal money order (for orders placed by telephone): .

The duration of processing the Order ranges from 1 to 14 working days from the date of confirming the acceptance of the Order for processing, unless otherwise specified in the Product description. In most cases, the Products ordered are shipped within 1 to 3 working days, although in certain cases this period may be extended. The aforementioned time period must be extended by the time of delivering the Order to the Customer by the selected carrier, which depends on the method of delivery chosen by the Customer and the country of delivery.
In the case of pre-orders, the Product is shipped after its release date. The date referred to in the previous sentence (release date) is indicated in the Product description.
The delivery is subject to a charge, unless otherwise specified with regards to a specific Order. The cost of delivering the Product is indicated to the Customer on the website of the Online Store in the "Shipping" tab and at the stage of placing the Order.
The Vendor shall bear no liability for non-delivery or delayed delivery of the Product if the Customer has provided incorrect or incomplete information referred to in § 4(6)(c) of the Terms and Conditions. This provision does not affect the Vendor's responsibility for the proper delivery of the Order, arising from the provisions of generally applicable law.

§ 7

Product Exchange

Within 14 days of delivering the ordered Product, the Customer has the right to exchange it for the same Product (e.g. in a different size) or any other Product, as long as it is available in the Online Store. After the period specified in the previous sentence has expired, the Customer will not be able to exchange the Product.
Only Products in perfect condition with no signs of use beyond what is necessary to determine the nature, properties and function of the Product are eligible for exchange. For example, a compact disc with audio recordings is not eligible for exchange after the protective measures have been removed and the disc has been listened to. In the case of Products that do not conform with the Agreement, §10 of the Terms and Conditions applies.
In order to exchange the Product, it is necessary to click on the appropriate link in the email sent by the Vendor in connection with the Order. The intention to have the Product exchanged can also be communicated by email to zamowienia@mystic.pl and require the indication of the Order number, date of delivery of the exchanged Product, and the Product to be exchanged for.
After receiving the information from the Customer about his intention to have the Product exchanged, the Vendor will inform the Customer by email whether the Product to be exchanged for is available. If that Product is unavailable, § 4(7)(c) of the Terms and Conditions applies. If the Product is available, the Vendor will confirm its availability to the Customer. In such case, the Customer should send back the exchanged Product immediately, but no later than within 14 days of receiving the aforementioned message, to the Vendor's postal address: Minoga 127, 32-046 Minoga (Poland).
Within 14 days of receiving the exchanged Product, the Vendor shall deliver the Product to be exchanged for to the Customer, subject to paragraph 6.
If the price of the Product to be exchanged for is higher than the price of the exchanged Product, the Customer shall pay the price difference to the bank account of the Vendor indicated in § 5(1)(d) of the Terms and Conditions within 7 days of receiving the information from the Vendor confirming the availability of the Product to be exchanged for. The Vendor may withhold the delivery of the Product to be exchanged for until the Customer's payment has been credited to the aforementioned bank account. Failure to pay the price difference within the aforementioned time period will result in refusal to exchange the Product.
If the price of the Product to be exchanged for is lower than the price of the exchanged Product, the Vendor shall refund the price difference to the Customer using the same method of payment as originally used by the Customer within 7 days of sending the information confirming its availability, unless the Customer has agreed to a different method of refund.
The Vendor shall bear the cost of delivering the Product to be exchanged for to the Customer.

§ 8

Newsletter

The Customer may subscribe to the Newsletter at the stage of creating a Customer Account, placing an Order, or at any given time by pressing the appropriate tab on the Online Store website. In order to use the Newsletter Service, it is necessary for the Customer to provide an email address and tick the boxes indicating consent to have his personal data processed by the Vendor for marketing purposes and to receive commercial information from the Vendor (Newsletter).
Consent to receive the Newsletter is not a condition for using the Online Store, and its provision is voluntary. However, consent is required for the Customer to receive the Newsletter.
The Customer may unsubscribe from the Newsletter at any given time and without any negative consequences by pressing the unsubscribe button contained in the Newsletter message, or by sending a relevant request to the Vendor by email to zamowienia@mystic.pl or by mail to Minoga 127, 32-046 Minoga (Poland). This will cause the Vendor to immediately discontinue sending the Newsletter.
For the purpose of sending the Newsletter, the Vendor processes the personal data of the Customer for this purpose under the rules set forth in detail in § 9 of the Terms and Conditions and indicated in the Privacy Policy.

§ 9

Personal Data Protection

The controller of the personal data of the Customer is the Vendor.
The Vendor assures that the personal data of the Customer sent to the Vendor in connection with the use of the Online Store is protected under the Regulation of the European Parliament and of the Council (EU) 2016/679 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as GDPR.
The personal data of the Customer or his representatives is processed for the following purposes and based on the following legal grounds:
1. conclusion and performance of the Agreement: Article 6(1)(b) of GDPR,
2. performance of tax and accounting obligations: Article 6(1)(c) of GDPR,
3. defense, investigation or establishment of claims related to the Agreement, which is a legitimate interest pursued by the Vendor: Article 6(1)(f) of GDPR,
4. handling of Customer complaints, which is a legitimate interest pursued by the Vendor: Article 6(1)(f) of GDPR,
5. handling of inquiries from Buyers not yet leading to the conclusion of an Agreement, which is a legitimate interest pursued by the Vendor: Article 6(1)(f) of GDPR,
6. sending the Newsletter, if consent has been granted: Article 6(1)(a) of GDPR.
The recipients of the personal data of the Customer are, for instance: courier companies, accounting offices, law firms, hosting providers, IT system providers.
The person whose personal data is subject to processing has the right to ask the Vendor to provide access to that personal data, rectify it, delete it, restrict its processing, object to its processing, transfer it, lodge a complaint to the President of the Office for Personal Data Protection.
The provision of personal data by the Customer is voluntary, but necessary to contact the Vendor, create a Customer Account, conclude an Agreement, and subscribe to the Newsletter.
Detailed rules according to which the Vendor processes personal data are set forth in the Privacy Policy.

§ 10

Conformity of the Product with the Agreement

The Vendor shall deliver a Product that is in conformity with the Agreement. The Vendor shall bear liability against Consumers for non-conformity of the Product with the Agreement in accordance with the provisions set forth in Chapter 5a of the Consumer Rights Act.
The Product is in conformity with the Agreement if, in particular, the following aspects are in conformity with the Agreement:

description, type, quantity, quality, completeness and functionality; in the case of Goods with digital elements: compatibility, interoperability and availability of updates;
suitability for a particular purpose intended by the Consumer, of which the Consumer has informed the Vendor no later than at the time of concluding the Agreement, and which the Vendor has approved.

In addition, in order to be considered in conformity with the Agreement, the Product must:

be suitable for the purposes for which this type of goods is normally used, taking into account applicable laws, technical standards and good practices;
be in the quantity and have the properties (e.g. durability and safety; in the case of Goods with digital elements: functionality and compatibility) that are typical of this type of goods and which the Consumer may reasonably expect, considering the nature of the goods and the public assurances made by the Vendor, his legal predecessors or persons acting on their behalf, in particular in advertising or on the label;
be delivered with packaging, accessories and instruction manuals the Consumer may reasonably expect;
be of the same quality as the sample or design that the trader made available to the Consumer prior to the conclusion of the Agreement, and correspond to the description of that sample or design.

In the case of non-conformity of the Product with the Agreement, the Consumer may submit a complaint to the Vendor in any given form; however, in order to facilitate the complaint procedure, it is recommended to submit a complaint by email to zamowienia@mystic.pl. It is also possible to submit a complaint in writing to Minoga 127, 32-046 Minoga (Poland).
The complaint should contain a description of the problem and information allowing the Customer to be responded to. It is recommended that the Customer completes the complaint with the following information:

- information and circumstances regarding the subject of the complaint,

- the Customer's demand, including the requested method of bringing the Product into conformity with the Agreement, or a statement on price reduction or withdrawal from the Agreement,

- contact details of the complainant.

The above information will facilitate and expedite the processing of the complaint by the Vendor. However, the provision of this information is only a recommendation and does not affect the effectiveness of the complaint.

The Vendor shall provide a response to the complaint, including information on the manner of its processing, no later than within 14 days of receiving the complaint, by email or in writing to the address provided by the Consumer, depending on the form of the complaint, unless the Consumer has reserved the form in which the Vendor should make a response to the complaint.
If the Vendor needs to have the Product delivered in order to respond to the Consumer's complaint or to exercise the Consumer's rights with regards to the non-conformity of the Product with the Agreement, the Consumer will be asked by the Vendor to deliver the Product at the Vendor's expense to the following address: Minoga 127, 32-046 Minoga (Poland).
If the Product is not in conformity with the Agreement, the Consumer may request its repair or replacement, with reservation that the Vendor may offer a replacement even though the Consumer has requested a repair, or may offer a repair when the Consumer has requested a replacement, if bringing the Product into conformity with the Agreement in the manner chosen by the Consumer is impossible or requires excessive costs to be borne by the Vendor. If repair and replacement are impossible or require excessive costs to be borne by the Vendor, the Vendor may refuse to bring the Product into conformity with the Agreement.
The Vendor shall repair or replace the Product within a reasonable time from the date of being informed by the Consumer about the non-conformity with the Agreement. The cost of repair or replacement, including in particular the cost of postage, shipping, labor, materials and collection of the Product from the Consumer is borne by the Vendor.
The Consumer may request a price reduction or withdraw from the Agreement if:

the Vendor has refused to bring the Product into conformity with the Agreement, as referred to in the second sentence of paragraph 8 hereinabove;
the Vendor has failed to bring the Product into conformity with the Agreement within a reasonable time, or if bringing the Product into conformity with the Agreement involves excessive inconvenience for the Consumer;
the Vendor has not received the Product sent by the Consumer;
the Product remains in non-conformity with the Agreement, even though the Vendor has attempted to bring the Product into conformity with the Agreement;
the non-conformity of the Product with the Agreement is so significant that it justifies an immediate price reduction or withdrawal from the Agreement, without first taking the opportunity to repair or replace the Product;
it is clear from the Vendor's statement or circumstances that he will not bring the Product into conformity with the Agreement within a reasonable time or without undue inconvenience caused to the Consumer.

The reduced price must be in such proportion to the price under the Agreement as the value of the non-conforming Product is to the value of the conforming Product.
The Consumer shall not withdraw from the Agreement if the non-conformity of the Product with the Agreement is insignificant, whereby it is presumed that the non-conformity of the Product with the Agreement is significant.
If the non-conformity with the Agreement applies only to certain Products delivered under the Agreement, the Consumer may withdraw from the Agreement only with respect to those Products. With respect to other Products purchased by the Consumer together with the non-conforming Products, the Consumer may withdraw from the Agreement if it is unreasonable to expect him to keep only the conforming Products.
The Vendor shall bear liability for the non-conformity of the Product with the Agreement existing at the time of delivery and discovered within two years from that time.
Statutory warranty for defects of the Products is excluded with respect to the Customer who is an entrepreneur, with reservation that this does not apply to a natural person who concludes an agreement directly related to his/her business activity, when the agreement stipulates that it does not have a professional character resulting in particular from the subject of his business activity, to which the provisions of the Consumer Rights Act apply.
The Vendor provides no warranty on the Products.

§ 11

Out-of-court procedures for handling complaints and pursuing claims

The Consumer may use out-of-court procedures for handling complaints and pursuing claims. This procedure is voluntary.
For instance, the Consumer may:

turn to a permanent amicable consumer court with a request to resolve a dispute related to the Agreement;
turn to the provincial inspector of the Commercial Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the parties;
use the assistance of a municipal (district) consumer ombudsman or a social organization whose statutory tasks include consumer protection;
file a complaint through the ODR online platform run by the European Commission, available at: http://ec.europa.eu/consumers/odr/.

Detailed information on out-of-court procedures for handling complaints and pursuing claims can be found on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl.
The Vendor declares that it does not undertake to use out-of-court procedures for handling consumer disputes.

§ 12

Withdrawal from the Agreement

The Consumer has the right to withdraw from the Agreement within 14 days without giving any reason. The time period for withdrawing from the Agreement starts on the day of delivering the Product to the Consumer. To meet the deadline, it is sufficient for the Consumer to send information on exercising his right to withdraw from the Agreement before the deadline.
Exceptions to the right to withdraw from the Agreement are set forth in Article 38 of the Consumer Rights Act. In particular, the right to withdraw from the Agreement does not apply:

- if the subject of the service is a non-prefabricated Product, manufactured to the Consumer's specification or personalized to serve his specific needs;

- in the case of Agreements concerning audio or video recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery.

In the event of withdrawal from the Agreement by the Consumer, the Agreement is deemed not to have been concluded.
In order to exercise the right to withdraw from the Agreement, the Consumer must inform the Vendor of his intention to withdraw from the Agreement by an unequivocal statement. The Consumer may use the sample withdrawal form provided by the Vendor, although it is not mandatory.
The consumer must complete and send the withdrawal form or any other unequivocal statement by email to zamowienia@mystic.pl or by mail to Minoga 127, 32-046 Minoga (Poland). For Customers who have a Customer Account, it is also possible to withdraw from the Agreement by selecting the appropriate option after logging into the Account.
If the Consumer exercises his right to withdraw from the Agreement and the statement is submitted electronically, the Vendor shall immediately send him an acknowledgment of having received the information on withdrawing from the Agreement on a durable medium (e.g. by email).
In the event of withdrawal from the Agreement, the Vendor shall immediately refund to the Consumer all payments received from him (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Vendor), and in any case no later than 14 days after receiving the information on the Consumer's intention to exercise his right to withdraw from the Agreement, subject to paragraph 9.
The refund will be made using the same method of payment as originally used by the Consumer, unless the Consumer has expressly agreed to a different solution.
In any event, the Consumer shall not bear any fees in connection with the refund except for the direct costs of returning the Product to the Vendor (e.g. the cost of packaging, shipping).
The Consumer shall return the Product to the Vendor within 14 calendar days of withdrawing from the Agreement. To meet the deadline, it is sufficient to send the Product before the period expires to Minoga 127, 32-046 Minoga (Poland).
The Consumer shall bear liability for any depreciation of the Product caused by using it in a way other than necessary to determine the nature, properties and function of the Product.
The Vendor may withhold the refund until he has received the Product following the withdrawal from the Agreement or until he has received proof of its return, whichever event occurs first.

§ 13

Changes in Terms and Conditions

The Vendor reserves the right to make changes in the Terms and Conditions for important reasons, such as changes in the law; issuance of rulings by authorized state bodies or courts that affect the content of the Terms and Conditions, changes in or implementation of new functionalities of the Online Store, changes in the scope of Products, changes in methods of payment or delivery, insofar as the changes affect the performance of the provisions of the Terms and Conditions.
In order to change the Terms and Conditions, it is necessary to inform the Customer thereabout by performing all the following actions:

place information about the changes on the home page of the Online Store;
maintain the aforementioned information on the home page of the Online Store for at least 14 consecutive days (no less than until the day on which the changes are to be introduced);
send Customers with Customer Accounts information about the changes to the email addresses assigned to their Customer Accounts.

Customers must be provided with information about the changes in the Terms and Conditions in the manner indicated in paragraph 2(a) and 2(b) no later than 14 days prior to the implementation of the changes.
Changes in the Terms and Conditions do not affect the rights acquired by the Customers prior to the implementation of the changes; changes in the Terms and Conditions do not affect the orders placed prior to the implementation of the changes and do not affect the Agreements concluded, executed or performed before that time.
The Customer with a Customer Account may inform the Vendor of his refusal to accept the changes in the Terms and Conditions within 14 days of receiving the information about the changes (sent in the manner provided for in paragraph 2(c). In such event, the Customer shall not be bound by the amended Terms and Conditions, and the Customer Account will be subject to removal (the agreement for the provision of this Service will be terminated, and the Customer's details stored in this Account will be deleted).

§ 14

Final Provisions

The Terms and Conditions are available in a manner that allows them to be read, acquired, reproduced and recorded on the website of the Online Store at: https://mystic-production.com/eng-terms.html.
Agreements are concluded in either Polish or English, depending on the Customer's choice.
Disputes related to the operation of the Online Store and the performance of the Agreements are governed by Polish law.
Disputes related to the operation of the Online Store and the performance of the Agreements are subject to settlement by Polish common courts having material and local jurisdiction in accordance with the provisions of the Act of November 17, 1964 on the Code of Civil Procedure (consolidated text: Dz.U. [Journal of Laws] of 2021 item 1805 as amended).
The provisions set forth in paragraphs 3 and 4 are without prejudice to the mandatory provisions of law establishing a different applicable law or jurisdiction for Consumers.
Matters not regulated by these Terms and Conditions are governed by the applicable provisions of Polish law, in particular: Civil Code; Electronic Services Act, as well as the provisions of the Consumer Rights Act for Agreements concluded with Consumers.
The Regulations are effective as of 6th of April 2023.

Regulation

We care about your privacy