Terms of Service

Frost Magic Store Terms of Service

(effective from January 18, 2023)

The Owner, Seller, and Administrator of the Store is:

• Frost Magic Patrycja Mróz

• Ul. Grunwaldzka 39

• 43-600 Jaworzno

• NIP: 6322032902

• REGON: 523815160

The Customer has the right to negotiate the terms of the contract with the Seller before placing an order. In the event that the Customer waives the possibility of entering into a contract through individual negotiations, these Terms of Service and the generally applicable legal provisions shall apply.

I. General Provisions

1. The online store available at: www.frostmagic.pl is operated by Frost Magic Patrycja Mróz, and information about the company is presented above.

2. These Terms of Service are drawn up in Polish and constitute a standard contract template for distance contracts, in accordance with the generally applicable provisions of Polish law.

3. In order to enter into a Contract with the Seller, the Buyer may exercise the right to negotiate the terms of the Contract or enter into a Contract with the Seller based on these Terms of Service.

4. The content of these Terms of Service, in the case of a separate decision by the Buyer, constitutes the content of the Contract concluded between the Parties. The content of the Contract is recorded and made available to the Buyer on a durable medium, in accordance with applicable regulations, to guarantee the Buyer the possibility of referring to it if necessary.

5. Sales are conducted within the territory of the Republic of Poland.

6. The Customer has the opportunity to familiarize themselves with the code of good practices for entrepreneurs. The code of good practices is found in the Act of August 23, 2007 on counteracting unfair market practices. The current wording of the Act is available at http://isap.sejm.gov.pl/

7. All products offered in the Store www.frostmagic.pl are new, free from physical and legal defects, and have been legally introduced to the Polish market. This information is equivalent to the Seller's obligation to deliver products to the Customer without defects.

8. Prices shown on the Store website www.frostmagic.pl are expressed in Polish zlotys and include VAT.

9. The Buyer may place orders in the Store 24 hours a day, 7 days a week through the website www.frostmagic.pl.

10. Communication with the Seller made by the Buyer results in the Buyer bearing the costs arising from contracts concluded by the Buyer with third parties; the Seller does not charge any additional fees or benefits for the possibility of remote communication.

11. The subject of the online store frostmagic.pl is retail sales of collectible cards, Magic: The Gathering game accessories, and other products via the Internet.

12. In matters not regulated by these Terms of Service, the applicable legal provisions in force in the territory of the Republic of Poland shall apply, in particular the Act of April 23, 1964 – Civil Code (Journal of Laws No. 16, item 93 as amended), the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827), and the Act of August 29, 1997 on personal data protection (consolidated text: Journal of Laws 2002, No. 101, item 926 as amended).

13. The provisions of these Terms of Service are not intended to exclude or limit any rights of the Buyer who is also a Consumer within the meaning of the Act of April 23, 1964 – Civil Code (Journal of Laws No. 16, item 93 as amended), granted to them under absolutely binding legal provisions. In the event of inconsistency between the provisions of these Terms of Service and the above provisions, the latter shall take precedence.

14. The Consumer, in the event of a dispute with the Seller, has the possibility of amicable settlement through:

1. applying to a permanent consumer arbitration court

2. mediation

3. applying to the provincial inspector of the Trade Inspection

4. obtaining free assistance in resolving the dispute from the Federation of Consumers, using the free consumer helpline 800 007 707.

II. Orders

1. Information about products presented on the Store's website does not constitute an offer within the meaning of the Civil Code; it constitutes an invitation to enter into a sales contract.

2. Placing an Order constitutes an offer within the meaning of the Civil Code, made by the Customer to the Seller.

3. To place an order, the Buyer contacts via the Facebook platform (https://facebook.com/frostmagicpl) or e-mail (kontakt@frostmagic.pl)

4. After placing a correct order, the Buyer will be sent the seller's data and address data, as well as the order amount and form of its fulfillment. In case of acceptance of all selected elements, the buyer is obliged to make payment within 2 business days. After receiving payment, the seller ships the goods within 5 business days.

5. The ordered goods will be delivered to the address indicated by the Buyer.

6. The day of performance of the Contract is the day of receipt of the shipment by the Buyer.

III. Payments

1. All prices are expressed in PLN in gross amounts including VAT.

2. The Customer has the possibility to make payment by bank transfer to the bank account number: ALIOR BANK 67 2490 0005 0000 4530 8975 1230

IV. WITHDRAWAL FROM THE CONTRACT

1. The Customer has the right to withdraw from the contract (order) within 14 days without giving a reason and without incurring costs.

2. The Customer may withdraw from the contract by submitting a statement of withdrawal from the contract.

3. In case of withdrawal from the contract, the store will immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the contract, refund all payments made by the Customer, including the costs of delivering the order.

4. The store may withhold the refund of payments received from the customer until it receives the item back or the consumer provides proof of its return, whichever occurs first.

5. The Customer is obliged to return the item to the store immediately, but no later than 14 days from the day on which they withdrew from the contract. To meet the deadline, it is sufficient to send the item before its expiry.

6. The Customer bears only the direct costs of returning the item.

7. The Customer is responsible for the reduction in the value of the item resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the item.

V. COMPLAINTS

1. The store is responsible to the customer if the goods have a physical or legal defect (warranty).

2. The store is exempt from liability under the warranty if the customer knew about the defect at the time of concluding the contract.

3. Complaints should be submitted to the store via e-mail (kontakt@frostmagic.pl) or by phone (796 701 498).

4. When exercising rights under the complaint (warranty), the customer may demand a price reduction or withdraw from the contract, unless the store immediately and without excessive inconvenience to the buyer replaces the defective item with one free from defects or removes the defect.

5. The Customer who exercises rights under the complaint (warranty) is obliged to return the defective order to the store's registered address at the store's expense.

6. When submitting a complaint, the customer should provide proof of purchase of the goods and a description of the defect.

VI. PERSONAL DATA

1. To place an order, the customer provides the store with the following data: first name, last name, address, email address, phone number.

2. The administrator of the customer's personal data is the store.

3. By placing an order, the customer consents to the processing of personal data.

4. The customer's personal data is processed only for the purpose of payment processing and order fulfillment.

5. Providing personal data is voluntary, however, failure to provide it may prevent order fulfillment.

6. The Customer has the right to access their personal data collected by the store, to correct it, delete it, and to withdraw consent to the processing of personal data.