The Regulations of the Mystic Production online store (hereinafter: "Regulations") define the rules for running and using the services of the online store run by Barbara Mikuła, operating under the name Mystic Production Barbara Mikuła, Minoga 127, 32-046 Minoga, NIP: 6771019615, REGON number: 350869474, contact phone: 12 38 921 35, e-mail address: firstname.lastname@example.org (hereinafter referred to as: the "Seller"). In particular, these regulations specify:
- types, scope and conditions of services provided by the Seller electronically;
- conditions for making orders via the online store;
- terms of payment for the ordered Products;
- conditions for the delivery of ordered Products;
- conditions for canceling the order and withdrawing from the contract;
- conditions for submitting and considering complaints;
- out-of-court ways of dealing with complaints and redress as well as rules of access to these procedures;
- conditions for keeping an Account in the Online Store;
- conditions for the delivery of the Newsletter;
- Protection of personal data
- Final provisions
- Types, scope and conditions for the provision of services provided electronically
1.1. The Seller, via the ICT system, enables customers to use the following services provided electronically:
1.1.1. Submitting product purchase offers (referred to as: "Orders") and concluding sales contracts;
1.1.2. Keeping an Account as part of the online store;
1.1.3. Providing commercial and marketing information (Newsletter).
1.2. The provision of Electronic Services to people using the Online Store (called: "Customers") takes place under the conditions specified in the Regulations. By starting to use the services provided by the Seller electronically, the Customer confirms that he has read and accepts the terms contained in the Regulations.
1.3. Provision of the services specified in point 1.1. Of the Regulations is implemented free of charge, and in order to avoid any doubts - with regard to point 1.1.1. The free-of-charge nature of the Regulations applies only to the use of the ICT system provided by the Seller to place an Order and conclude a sales contract, and not to pay the price and other fees resulting from the provisions of the sales contract itself.
1.4. The customer confirms that the data provided by him in order to use the services indicated in point 1.1 of the Regulations are consistent with reality. The Seller is not responsible for any damage caused by the provision of incorrect or imprecise data by the Customer.
1.5. Contract for the provision of services:
1.5.1. specified in point 1.1.1. Of the Regulations is concluded when the Customer starts placing the Order via the online store, for the time necessary to place the Order.
1.5.2. specified in point 1.1.2. and 1.1.3. Of the Regulations is concluded when the Customer submits a request to provide this service, for an indefinite period.
1.6. In order to use the services provided by the Seller by electronic means, the Customer must meet the following technical requirements necessary for cooperation with the ICT system used by the Seller when running the online store:
1.6.1. have an end device that allows access to the Internet;
1.6.2. have a web browser. In this regard, it is possible to use one of the following browser types:
- Internet Explorer,
- Microsoft Edge
- Google Chrome,
- Mozilla Firefox,
- Opera and
1.6.3. having an active e-mail account (e-mail address);
1.6.4. enabled cookies.
1.7. The services provided by the Store by electronic way may only be used in accordance with the provisions of the Regulations, legal regulations and morality. Services provided electronically by the Seller or ICT systems used to run the Seller's online store may not be used by customers to take actions that violate applicable law, including the delivery of illegal content.
1.8. Sales contracts concluded via the Seller's IT system are recorded, secured and stored using this system. Regulations constituting an integral part of contracts concluded with customers are available on the website at: https://www.mystic.pl/regulamin.htm.
- Conditions for making orders via the online store
2.1. Via the online store, the Seller conducts mail order sales, in particular, works recorded in digital form on optical media (CD, DVD, Blu-Ray), magnetic form (cassette tapes) and analog form (vinyl records), books and clothing articles referring to musical works sold via an online store (referred to as: "Products"). A detailed description of each of the Products is available via the website https://www.mystic.pl
2.2. The information on the online store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to buy a specific Product under the conditions specified in its description.
2.3. Orders in electronic form are placed via the website: www.mystic.pl, m.mystic.pl and www.mystic-production.com. Orders may also be placed by phone at: (012) 38 92 135 - in the case of retail sale or (012) 38 90 513 - in the case of wholesale. Orders using the numbers provided can be placed from Monday to Friday, 8.00-16.00.
2.4. In order to prepare an Order via the website, the Customer selects from the Products presented on the website of the online store, and then adds them to the basket using the appropriate button.
2.5. The prices of products presented on the website of the online store include the amount of VAT. While completing the order, information on the price of individual Products and the total price of the Order is provided on an ongoing basis in the "Your purchases" box.
2.6. After selecting all Products covered by the Order, the Customer chooses whether to place Orders via an online account or without using an online account - acting as a "guest".
2.7. After completing all the data required in the Data Order form, the Customer approves the Order.
2.8. After placing the Order, the Customer will receive an automatic reply via e-mail, the address of which was given in the Order, with a request to confirm the placed Order. The order is confirmed when you click on the link in the received e-mail. A detailed description of the Order confirmation procedure can be found in the content of the e-mail sent.
2.9. Customers who place an order via the Online Account do not receive a link to confirm the Order in the e-mail referred to in 2.8 of the Regulations. In this case, the Order is confirmed when the Customer receives an automatic e-mail.
2.10. Upon confirmation of receipt of the Order in accordance with points 2.8 and 2.9 of the Regulations, the Customer is bound by its content.
2.11. Immediately after confirming receipt of the order, the Seller verifies it. If it is not possible to accept the Order, the Customer will be informed about it and will be able to use one of the following options:
2.11.1. execution of the order in the scope indicated in the response to the Order;
2.11.2. ordering other types of Products;
2.11.3. execution of the Order within the time specified in the response to the Order;
2.11.4. cancellation of the Order and return of the amount covered by the prepayment.
2.12. The Customer may choose one of the above options within 7 days from the date of receipt of the response to the Order. If the Customer does not take a position within the indicated period, the Seller will refuse to accept the Order, returning the Customer the amount covered by the prepayment.
2.13. The Seller shall refund the pre-paid payment using the same method of payment as used by the Customer, unless the Customer has agreed to a different method of return.
2.14. After positive verification of the Order (and receipt of payment if the Customer chooses to pay by bank transfer, online payment system and postal order), the Customer will be informed about the acceptance of the Order for execution.
2.15. The order processing time is from 1 to 14 business days from the date of confirmation of the Order being accepted for execution, unless otherwise stated in the Product description. In most cases, the ordered products are shipped within 1-3 business days, but in specific cases this period may be extended.
2.16. In the case of a presale Product Order, the Product is shipped after the Product is placed on the market. The date referred to in the preceding sentence (release date) is indicated in the Product description.
2.17. The seller explains that we are not responsible for the date of delivery of parcels. The seller uses companies that deal with deliveries of parcels in the scope of their professional activity. All parcels sent outside the territory of Poland are taken over by the local deliverer.
- Terms of payment by customers for the ordered goods
3.1. In order to pay for Orders made via the online store, the Customer may use one of the following payment methods:
3.1.1. cash on delivery (the customer pays for the goods and shipment upon its collection from the postman, courier or collection at a post office);
3.1.2. a transfer to the Mystic Production account (such an Order is processed after the money is credited to the account);
3.1.3. by postal order (the Customer sends the Order together with the postal order, such an order is processed after receiving the money order);
3.1.4. with a payment card using the on-line payment system operated by PayU Inc (Operator), but the following payment methods are accepted:
- quick transfers made by banks indicated by the Operator
- payment by credit card:
- Visa Electron
- MasterCard Electronic
- Conditions for delivering ordered products to customers
4.1. The ordered Products may be delivered to the Customer in one of the ways indicated at the website address www.mystic.pl
- Conditions for resignation from the order and withdrawal from the sales contract
5.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from this contract without giving a reason and without incurring costs, except for the costs specified in point. 5.12 of the Regulations. Starting from 1 of January 2021, the right to withdraw from the contract on the terms described in this paragraph and resulting from the Act on consumer rights is also available to person concluding a contract with the Seller directly related to his business activity, if the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Therefore, when under this paragraph, the rights of the Consumer are mentioned, starting from 1 of January 2021, these rights also apply to a person who meets the above criteria
5.2. The consumer should inform the Seller about the withdrawal from the contract by means of an unequivocal statement. The declaration of withdrawal from the contract may be submitted, for example:
In writing to the following address: Minoga 127, 32-046 Minoga;
5.2.2.in electronic form via e-mail to the following address: email@example.com;
5.3. To meet the deadline specified in point 5.2 of the Regulations, it is enough to send a statement before its expiry.
5.4. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and additionally available in Annex 1 to the Regulations. It is not obligatory to use the attached model of withdrawal form.
5.5. The period for withdrawal from the contract begins:
5.5.1. For a contract under which the Seller issues a Product - upon receipt of the Product by the Consumer or a person designated by him;
5.5.2. For a contract under which the Seller issues a group of Products, delivered separately, in batches or in parts - upon receipt of the Product by the Consumer or a person designated by him of the last Product, batch or part or;
5.5.3. For a contract which consists in the regular delivery of Products for a specified period of time - upon receipt of the Product by the Consumer or a person designated by him of the first of the Products;
5.5.4 for other contracts - from the date of conclusion of the contract.
5.6. In the event of withdrawal from a distance contract, the contract is considered void.
5.7. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the declaration of withdrawal from the contract, return to the Customer all payments made by him, including the delivery costs of the Product.
5.8. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has agreed to a different method of return, which does not involve any costs for him.
5.9. The customer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The Customer may return the Product to the following address: Minoga 127, 32-046 Minoga.
5.10. The Seller may withhold the reimbursement in accordance with point 5.7 of the Regulations until the Product is returned or the Customer provides proof of its return, depending on which event occurs first.
5.11. The Customer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
5.12. The customer may be required to cover the following costs related to the withdrawal from the contract:
5.12.1. additional costs related to the choice by the Customer of a Product other than the cheapest standard delivery method;
5.12.2. direct costs of returning the Product.
5.13. The withdrawal form is available at [ADDRESS on the website]
- Conditions for submitting and considering complaints
6.1. The Seller is obliged to provide the Customer with a Product without defects.
6.2. The Seller does not provide a guarantee on its own for Products distributed via the Online Store. Depending on the Products covered by the Order, they may be covered by the manufacturer's or prior distributor's warranty.
6.3. It is recommended that the Customer provide in the description of the complaint:
6.3.1 information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;
6.3.2. the requested method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement, and
6.3.3 contact details of the person submitting the complaint, which will facilitate and accelerate the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.4. The complaint may be submitted by the Customer, in particular:
6.4.1. In writing to the following address: Minoga 127, 32-046 Minoga,
6.4.2. In electronic form via e-mail to the following address: firstname.lastname@example.org;
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.
6.6. If it will be necessary to deliver the Product to the Seller to respond by the Seller to the Customer's complaint or to exercise the Customer's rights under the warranty, the Customer will be asked by the Seller to deliver the Product at the Seller's expense to the address Minoga 127, 32-046 Minoga. If, however, due to the type of defect, the type of the Product or the method of its installation, the delivery of the Product by the Customer would be impossible or excessively difficult, the Customer will be asked to make the Seller's Product available at the place where the Product is located, after prior appointment.
6.7. The request for the delivery of the Product referred to in point 6.7 of the Regulations does not affect the deadline for the Seller to respond to the Customer's complaint referred to in point. 6.6 of the Regulations and does not infringe the Customer's right to request the Seller to disassemble the defective Product and reinstall the Product after replacing it with a non-defective one or removing the defect referred to in art. 5611 § 1-3 of the Civil Code.
6.8. If the Product sold has a physical or legal defect (warranty), detailed information on the Seller's liability are defined by generally applicable laws, in particular the Act of 23 April 1964 Civil Code.
6.9. Starting from 01/01/2021, the provisions on the Seller's warranty for defects in the item sold for Consumers also apply to a person concluding a contract with the Seller directly related to its business activity, when the content of this contract shows that it does not have a professional nature, resulting from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
- Out-of-court methods of dealing with complaints and redress as well as rules of access to these procedures
7.1. The seller is not obliged under the law or undertakes to use out-of-court dispute resolution with consumers, in accordance with the provisions of the Act of 23 September 2016 on out-of-court resolution of consumer disputes. The seller does not undertake to participate in out-of-court dispute resolution procedures.
- Account conditions in the Online Store
8.1. The Customer may use the Account management service in the Online Store. The agreement for keeping an account in the Online Store is concluded by completing the registration form by the Customer and confirming the registration by means of a message sent to the e-mail address provided by the Customer during the registration process.
8.2. Each login to an account in the Online Store is done using the data provided in the registration form or subsequently changed by the Customer.
8.3. Having an account in the Store allows you to make purchases without providing your personal data each time. In this case, the data provided by the Customer when creating an account in the Online Store are used to place an Order.
8.4. The customer may at any time terminate the account agreement in the Online Store with immediate effect and without giving reasons for termination. In order to remove the Customer's account from the Store, please send an e-mail with a request to remove the account at the following e-mail address: email@example.com.
- Terms of the service for the provision of commercial and marketing information (newsletter)
9.1. You can subscribe to the newsletter service by entering your e-mail address when setting up an account in the Online Store or placing an Order, positive verification of the e-mail address provided (in accordance with the conditions set out in 2.8 of the Regulations - in the case of placing Orders and point 8.1 of the Regulations - in the case of creating an account in the Online Store) and providing a consent to the Seller's use of the Customer's personal data for marketing purposes by selecting the appropriate checkbox.
9.2. The customer acknowledges that by providing his e-mail address and giving optional consent to the Seller's use of the provided data for marketing purposes and to receive commercial information, he also agrees to send the newsletter using the e-mail address provided.
9.3. The consent to the processing of data for marketing purposes and consent to receive commercial information is optional, and in the event of the Customer's refusal to provide it, the data provided when placing the Order will be used only to provide the information necessary to complete the order.
9.4. The Seller will send information on new products, promotions offered by the Seller and news - including new events and artistic events related to the activities of the Seller.
9.5. The subscriber may at any time unsubscribe from the newsletter by selecting the appropriate option in the provided commercial information. The Service Provider reserves that the newsletter will not be sent to the e-mail addresses whose subscriber has resigned from receiving the newsletter.
9.6. The seller has the right to make changes, modifications or stop sending the newsletter at any time without prior notification to the subscriber.
- Protection of personal data
10.1 The Seller is the administrator of the Buyer's personal data.
10.2 The Buyer's personal data is processed for the following purposes and based on the following legal grounds:
1) conclusion and performance of a contract - art. 6 sec. 1 letter b General Data Protection Regulation (GDPR),
2) implementation of tax and accounting obligations - art. 6 sec. 1 letter c GDPR,
3) defense, investigation or determination of claims related to the contract, which is a legitimate interest pursued by the Seller - art. 6 sec. 1 letter f GDPR,
4) identification of the returning customer, which is a legitimate interest pursued by the Seller - art. 6 sec. 1 letter f GDPR,
5) handling inquiries from Buyers who have not yet concluded the contract, which is a legitimate interest pursued by the Seller - art. 6 sec. 1 letter f GDPR,
6) sending the newsletter, after prior consent - art. 6 sec. 1 letter a GDPR.
10.3 The recipients of the Buyer's personal data are: courier companies, tax offices, an accounting office, a law firm, a hosting provider, an invoicing system provider, a mailing system provider.
10.4 Buyer's rights related to the processing of personal data: the right to request the Seller to access personal data, rectify it, delete it, limit processing, the right to object to the processing, the right to transfer data, the right to lodge a complaint to the President of the Office for Personal Data Protection.
10.5 Providing personal data by the Buyer is voluntary, but necessary to contact the Seller, set up a user account, conclude a contract or subscribe to the newsletter.
10.6 The store uses cookie technology.
- Final provisions
11.1. Agreements concluded through the Online Store are concluded in Polish and English, according to the Customer's choice.
11.2. Unless the context clearly indicates otherwise, all capitalized terms in the Agreement have the meaning assigned to them in the remaining provisions of the Agreement. Unless the context clearly indicates otherwise, terms used in the singular shall also be understood as terms in the plural and vice versa.
11.3. The contracts described in the Regulations are subject to the provisions of Polish law.
11.4. In the event of invalidity of any provision of the Agreement for the provision of services specified in point 1.1 of the Regulations or the sales agreement concluded via the Seller's IT system, including the provisions resulting from the Regulations, other provisions shall remain in force, except for provisions whose content - after excluding the invalid provisions, reasonably compatible with the rest of the Agreement.
11.5. Any disputes arising between the Seller and the Customer will be settled by the court competent for the Seller. In the event of disputes between the Seller and the Customer acting as a consumer, the jurisdiction of the Court is determined by the relevant provisions of the Act of 17 November 1964, Code of Civil Procedure. Starting from 01/01/2021, the provision of the preceding sentence also applies to a person concluding a contract with the Seller directly related to his business activity, when the content of this contract shows that he does not have a professional nature for that person, resulting in particular from the subject of the performed by his or her economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity - in the case of such person, the court's jurisdiction is considered on general principles.
11.6. The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded prior to the change.
11.7. The Seller reserves the right to make changes to the Regulations without prejudice to the rights acquired by the Buyer on the basis of contracts concluded before the amendment to the Regulations. Buyers who have a registered user account will be informed of any change to the Regulations by sending a message to the e-mail address assigned to the user account. If the new Regulations are not accepted, the Buyer may delete his user account free of charge.
11.8. These Regulations are valid from 1 of January 2021.