terms & conditions

I. Introduction

1. These terms and conditions (hereinafter referred to as “Terms and Conditions”) concern the rules governing the purchase of products on the motioncases.com online store (hereinafter referred to as “Store”, “Platform”, “Motion Cases”).
2. The provider of the Platform is Motion Bartłomiej Ujma, the company with its seat in ul. Kraśnik 102, 32-040 Świątniki Górne, NIP: 9442121461, REGON: 120557652 (hereinafter reffered to as “Seller”).
3. Contacting the Store is possible through the electronic mail address: info@motioncases.com, the contact form on the website or the phone number: +48 502 505 795.
4. Personal data of Users is administrated by Seller.

II. Rules of using the Platform

1. A condition of commencing the use of the Store is acknowledging the Terms and Conditions, whereas making a purchase is understood as accepting the Terms and Conditions.
2. The purchasing agreement is conducted between the user of the online store, hereinafter referred to as the Client, and the provider, referred to as the Store.
3. In order to make a purchase in the Store and simultaneously conduct a purchasing agreement, one must place an order on the Store’s website directly or via email directed to the following address: shop@motioncases.com.
4. In order to place an order in the Platform, one must select a product from the Store’s offer and add it to the electronic shopping cart by clicking the “Add to shopping bag” button and subsequently correctly fill in the purchasing form, input the address data necessary for realizing the order (i.e.: the delivery) and make a payment through one of the provided payment methods.
Available payment methods are:
- direct bank transfer (to Store’s mBank S.A. bank account);
- PayPal payment system, which allows to make a payment with PayPal account balance or by credit card.
5. Should the purchase form be filled out incorrectly or the order placed via email be incomprehensible in any way, the order will not be realized.
6. After the Store receives payment confirmation from the Bank or payment system, the Client will receive the confirmation of the order sent to the electronic email address provided during the placement of the order.
7. Placement of an order by the Client shall equal to the Client submitting a purchase offer for a given Product for the Price specified in the order (including also the delivery cost). The offer shall be binding to the User if the Seller confirms receipt of the order by means of the method specified in the above clause. The Price and other order components shall be binding to the User and the Seller from the moment of the Seller confirming the order (the moment of concluding a sales agreement). A sales agreement shall be concluded at the moment of the Seller accepting the order.
8. Orders can be placed 24 hours a day. The realizing of orders takes place on regular business days (Monday – Friday) from 10 a.m. until 4 p.m. “Realizing of orders” should be understood as the entire process of the product’s creation, which is detailed on the Product’s page.
9. If the delivery is within the EU VAT (value added tax) is included in total price. Prices for all other destinations do not include VAT and you may have to pay import tax on delivery. Please contact your customs office for details about import fees.
10. The prices which are shown within the Store do not include shipping cost.
11. Shipping costs are displayed during the Product purchasing (checkout) process. Before submitting an order the Client will be informed of the total price of the Product.

III. Shipping

1. The products are delivered via the services of Poczta Polska, including registered mail, parcel post, or via the services of a courier company selected by the Client.
2. The estimated delivery time of a letter or parcel amounts to circa 2 business days within the boarders of Poland and circa 7 business days within the boarders of Europe. The actual delivery time is dependent on the delivering party.
3. The Client bears the cost of the purchased product’s delivery.
4. The delivery costs are listed on the products’ pages as well as the page dedicated to delivery costs.

IV. Warranty

1. The products sold in the Store are covered with a 6-month period of warranty against material and/or production defects.
2. The warranty is not subject to:
- natural deterioration of the material (i.e.: usage-originated scratches on leather);
- damages stemming from use, which was either improper or inconsistent with the product’s purpose (i.e.: a long-lasting exposure to weather conditions).
3. Should the product not be consistent with the agreement, the Client has the right to file a complaint about the product (as per the Warranty) no longer than two months from the date of discovering the defect. The Client has the right to file a complaint about the operation of the Platform. The Client shall file the complaint in writing, sending his message to the following email address: info@motioncases.com. Afterwards, the Store has 14 days to reply and make a decision related to the complaint.
4. While filing the complaint, the Client may demand free-of-charge repair services for the product or for the product to be replaced for a new one.
5. Should any activities related to providing the Client with a product free of defects demand delivering the product, the Store will bear the costs of delivery.
6. Should the merchandise be beyond the Store’s capabilities to repair or replace, the Client may demand a decrease in the product’s price or withdraw from the purchasing agreement.

V. Returns

1. The Client has the right to withdraw from the purchasing agreement in writing without stating the reason within ten days (since the date of recieving ordered Product) by writing a message directed to the following email address: info@motioncases.com.
2. In case of a written withdrawal from the agreement, the Client is obliged to return the merchandise within fourteen days via mail, courier or in person to the address, from which it has been originally sent.
3. The Client will bear the cost of returning the merchandise (the shipment from the Client to the Store).
4. The returned merchandise must be unused and must not show any traces of use.
5. Merchandise, which has been created as part of any special order or has been personalized in any way (i.e.: by deleting the logo, sewing on a handle, etc.) is not subject to returns.

VI. Products

1. The products sold by Motion Cases are handcrafted with the utilization of natural leather and other textiles such as felt, metal, wood, plastic, cordura and others.. Some of the products are sewn manually with the utilization of industrial sewing machines. Each product is crafted with the highest level of care and precision.
2. The utilized technological process may result in products having individual qualities, i.e. slight differences from the product presented in the Store, but differences so slight, that the product is still – whether in the product’s overall appearance and application – identical to or consistent with the product displayed in the Store.
3. Natural leather may have wrinkles, bruises and marks – they do not influence the durability of the material or the product itself, but rather are a validation of the leather’s natural origin.
4. The products displayed on the Platform are carefully photographed and prepared for photographs in order to precisely illustrate their appearance (shape, color, texture of the fabric, details). The displayed colors may vary slightly across different types of owned monitors as well as color settings. The products’ visual perception is additionally influenced by the lighting and their placement.

VII. Contact

1. Contacting the store is possible through the electronic mail address: info@motioncases.com, the contact form on the website or the phone number: +48 502 505 795.

VIII. Final provisions

1. All photographs and contents published on the motioncases.com website are protected by copyright laws. It is forbidden to utilize them for profit, however it is allowed to utilize them as materials informational or promotional materials for the motioncases.com website.
2. The Seller is the data administrator of the Clients’ personal data. Personal data provided by the Clients shall be processed merely for the purposes specified herein, for statistical purposes as well as for legally-justified reasons, i.e. for direct marketing of goods and services by the data administrator. The above personal data shall be protected and processed pursuant to the Act dated 29 August 1997 on Personal Data Protection (Journal of Laws No. 133 item 883 from 1997, as amended). The User shall be entitled to have access to their personal data and has the right to modify the same. Providing personal data is necessary for rendering the services specified herein.
3. The Seller reserves the right to modify the Terms and Conditions. Any modifications hereto shall apply from the date of their publication on the website of the Platform. In such case, in order to continue to use the Platform, it is necessary for the User to read and accept the entire new Terms and Conditions including the introduced modifications. Orders placed prior to introducing modifications hereto shall be processed on the basis of provisions applicable on the day of order placement.
4. In case any of the provisions of the Terms and Conditions are modified or become invalid as a result of a final court ruling, the remaining provisions shall continue to be in force and shall be binding to both Parties.
5. In cases not regulated by these Terms and Conditions, relevant laws defined in the Civil Code as well as other regulations effective in Poland shall be applied.
6. The Terms and Conditions are binding from the following date onwards: 14.07.2014.

 

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