Terms and Conditions

REGULATIONS OF THE WWW.MONKEYMACHINE.PL ONLINE STORE

These Regulations define the general terms, conditions and method of sale conducted by AMKM sp. z o.o. with its registered office in Brzezia Łąka, through the online store www.monkeymachine.pl (hereinafter referred to as the "Online Store") and define the terms and conditions of the provision of free services by electronic means by AMKM sp. z o.o. with its registered office in Brzezia Łąka.

§1 Definitions

Business day - any day of the year, except for Saturdays, Sundays and holidays.
Customer - Consumer or Entrepreneur who placed an order in the Monkey Machine online store.
Consumer - a natural person making a purchase in the online store for purposes not directly related to their business or professional activity.
Entrepreneur - a natural person, legal person or organizational unit without legal personality, conducting business or professional activity on their own behalf and making a purchase in the online store as part of their business activity.
Seller - AMKM sp. z o.o. with its registered office in Brzezia Łąka (55-093), ul. Wrocławska 3D, NIP: 9112034380, REGON: 38594077900000, which is also the owner of the online store www.monkeymachine.pl

§2 General provisions

1. The online store sells goods from the catalog posted on the website www.monkeymachine.pl
2. The product catalog with prices constitutes an invitation to conclude a contract within the meaning of art. 71 of the Civil Code and does not constitute an offer within the meaning of art. 66 § 1 in connection with art. 61 § 2 of the Civil Code. By completing the order form on the website www.monkeymachine.pl, the customer makes an offer to purchase a specific product.

§3 Placing an order and its fulfillment

1. The order is placed via the form located on the website www.monkeymachine.pl
In the order form, the Customer makes the following:

• selection of the ordered goods,
• designation of the delivery method and the delivery address and the address to which the invoice is to be issued,
• selection of the payment method (traditional transfer, PayU electronic payments).

2. The order will be fulfilled if the goods are available in the warehouse or directly from the manufacturer. In the event of unavailability of some of the goods covered by the order, the Customer is informed about the status of the order and decides on the method of its fulfillment (partial fulfillment or cancellation of the entire order).
3. If the Customer has paid for the goods, the Seller will refund the amount due for the goods within 14 calendar days from the date of cancellation of the order. The Customer may decide to use the funds towards another order.
4. By placing an order, the Customer makes an offer to conclude a sales agreement with the Monkey Machine online store. The Seller will confirm the acceptance of the order by sending the Customer the terms of fulfillment by e-mail. The agreement is deemed to have been concluded at the moment the Customer confirms the order by e-mail.
5. We enclose proof of purchase – receipt/invoice – to each product sent by the Seller.
6. The Customer may make changes to the order or completely withdraw the order only within 3 days of the order confirmation. The Seller will inform the Customer about the transfer of the order for shipment by e-mail. Changes to the order may be made only by e-mail and require return confirmation by the Seller.

§4 Prices of goods

1. The prices given are gross prices, including VAT 23%.
2. The price of the goods is binding at the time the Customer places the order.
3. The Seller reserves the right to change the prices of goods included in the offer, introduce new goods to the offer, conduct and cancel promotional campaigns or introduce changes to them. The above authorization does not affect the prices of goods in orders placed and accepted for execution before the date of entry into force of the price change, terms of promotional campaigns or sales.

§5 Fulfillment time

1. Each product is provided with an estimated order fulfillment time. Order fulfillment begins from the moment the online store confirms the acceptance of the order for fulfillment, until the moment the ordered goods are transferred from the store for shipment using the form of delivery chosen by the buyer. The above deadlines are given in business days. Goods with different fulfillment times are sent after the entire order is completed, i.e. by the longest of the times given.
2. The fulfillment time marked as "product on order" depends solely on the manufacturer of the goods, the Seller does not have these goods in stock. At the Customer's request, they are ordered directly from the manufacturer. Before placing an order with a fulfillment time of "product on order", please contact us by e-mail at order@monkeymachine.pl .
3. Orders are delivered via a courier company.
4. The delivery time of the goods may be extended for reasons beyond the Seller's control.
5. Delay in delivery for reasons beyond the Seller's control

§6 Payment methods and receipt of the shipment

1. Payment by bank transfer
The Customer pays the price of the goods and the shipping costs after receiving a return e-mail confirming the acceptance and execution of the order, in which the bank account number and the seller's data are provided.
The goods will be sent to the Customer no earlier than after the declared waiting time from the posting of the payment to the Seller's bank account.
2. PayU electronic payment
A payment system enabling payment by instant transfers, credit and payment cards and purchases in PayU installments. Usually, the payment is posted to our account within 30 minutes, and the execution of the order begins the next business day. We do not charge additional fees for using this payment method.
3. In the interests of the good of the Customers and to enable a quick consideration of any complaint, please check the shipment in the presence of the courier (open it and check whether the goods have not been damaged during transport).
4. The courier is obliged to allow you to check the shipment and cannot refuse to do so. If any damage is found, the courier is required to draw up a damage report, i.e. a document that should include all information regarding the damage and the method of packaging the shipment.
5. Checking the shipment and drawing up a damage report will allow you to seek compensation for damage to the shipment from the carrier and will speed up the complaint procedure in the Monkey Machine store.

§7 Complaints

1. In the event of a defect in the purchased goods, the Customer should submit a written complaint to the Seller containing:

• a detailed description of the claimed defect,
• the date, place and circumstances of its discovery,
• the buyer's request in accordance with art. 560 and 561 of the Civil Code,
• the number of the purchase document - invoice - a copy of the proof of purchase should be attached to the complaint,
• contact details of the person complaining about the goods

2. The Seller will inform the Customer about the method of handling the complaint within 14 days of its receipt. If the complaint is accepted, the Seller will contact the Customer to agree on the method and deadline for its handling. The warranty repair period is 14 business days.

The Seller does not cover the costs of shipments sent by the complainant at the Seller's expense, without receiving explicit confirmation from the Seller.
3. In the event of a dispute as to the validity of the complaint, the Seller reserves the right to transfer the complained goods to an expert of the appropriate specialty in order to determine the existence and circumstances of the complained defect in the goods.
4. In order to speed up the complaint procedure, the Customer may attach photographs illustrating the identified defect to the written complaint.
5. The Customer loses the rights resulting from art. 8 of the Act of 27 July 2002 on specific conditions of consumer sales and on amending the Civil Code if the Customer does not notify the Seller of this within two months from the date of finding the non-conformity of the consumer goods with the contract. To meet the deadline, it is sufficient to send the notification before its expiry.
6. In the scope regulated in these regulations, the provisions of the Civil Code regarding warranty for defects shall apply accordingly to the consideration of a complaint submitted by a Customer who has concluded a sales contract with the Seller.

§8 Right to withdraw from the contract

1. A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving a reason.
2. The period for withdrawal from the Sales Agreement begins from the moment the Consumer takes possession of the Goods.
3. The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This declaration may be submitted in writing to the Seller's address, via e-mail to the Seller's address. To meet the deadline, it is sufficient to send the declaration before its expiry.
4. In the event of withdrawal from the Sales Agreement, it is considered not to have been concluded.
5. If the Consumer has submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted their offer, the offer ceases to be binding.
6. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Sales Agreement, return all payments made by them, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the refund of payments received from the Consumer until the Goods are received back.
7. The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to return the Goods to the Seller's address before the expiry of this deadline.
8. When withdrawing from the agreement, the Consumer is obliged to return the purchased goods to the seller in an unchanged state.
9. The Consumer is obliged to properly secure the returned goods against damage that may occur during transport.
10. In the event of withdrawal from the agreement, the Consumer is obliged to return the goods to the seller in the original packaging.
11. In the event of withdrawal, the Customer who is a Consumer shall only bear the direct costs of returning the Goods.
12. The Consumer shall be liable for any decrease in the value of the Goods resulting from their use in a manner that goes beyond the manner necessary to determine the nature, characteristics and functioning of the Goods.
13. The Seller shall refund the payment using the same method of payment that the Consumer used, unless the Consumer has expressly agreed to another method of refund that does not involve any costs for him/her.
14. The right to withdraw from the Sales Agreement does not apply to the Customer who is a Consumer in relation to agreements in which the Goods are non-prefabricated items manufactured according to the Consumer's specifications or intended to meet his/her individual needs.
15. The information "product made to order" can be found in the descriptions of the items.
16. The Store will not accept the return of goods sent cash on delivery.

§9 Quality guarantee

1. Goods available in the online store come from a legal source, are original and may additionally have a quality guarantee provided by the manufacturer.
2. The Seller provides a guarantee for upholstered furniture of its brand (Monkey Machine/Happy Barok/Happy Sleep) for a period of 24 months from the date of receipt.
3. The guarantee covers only hidden structural defects.
4. The guarantee does not cover:

• damage caused mechanically
• damage resulting from improper use, in particular stains and abrasions and creases in the upholstery,
• damage caused during transport via a courier company.

5. The colours of the furniture presented in the photos may differ from reality, we send fabric samples on request. Colour discrepancy (may be the result of different monitor screen resolution) is not a basis for complaint.
6. Other products from other manufacturers are covered by a guarantee usually for a period of 12/24 months from the date of receipt of the product, unless otherwise stated in the guarantee document.
7. The exercise of warranty rights is based on and under the conditions specified in the warranty document (warranty card) delivered with the goods. The basis for exercising the rights under the quality warranty is exclusively the warranty document and proof of purchase of the goods (invoice or receipt), unless otherwise stated in the warranty document.
8. The furniture available in our online store is delivered in a self-assembly form. The customer is obliged to carry out the assembly in accordance with the attached instruction manual. Correct assembly of the furniture is necessary to ensure its functionality and safety of use. In case of difficulties during assembly, please contact our customer service department, which will provide help and support.

§10 Free services

1. The Seller provides free services to Customers electronically:
a) Newsletter;
b) Recommend to a friend;
c) Maintaining a Customer Account.
2. The services indicated in §11 section 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to select and change the type, form, time and method of granting access to selected listed services, about which it will inform Customers in a manner appropriate for changing the Regulations.
4. The Newsletter service can be used by any Customer who enters their e-mail address, using for this purpose the registration form provided by the Seller on the Store's Website. After sending the completed registration form, the Customer immediately receives confirmation from the Seller electronically to the e-mail address provided in the registration form. At this moment, an agreement for the electronic provision of the Newsletter service is concluded.
The Customer may additionally check the appropriate box in the registration form during Registration in order to subscribe to the Newsletter service.
5. The Newsletter service consists of sending by the Seller, to the e-mail address, an electronic message containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Customers who have subscribed.
6. Each Newsletter addressed to the given Customers contains, in particular: information about the sender, a completed "subject" field, specifying the content of the message and information about the possibility and method of resigning from the free Newsletter service.
7. The Customer may at any time resign from receiving the Newsletter by unsubscribing via the link included in each e-mail sent as part of the Newsletter service or by activating the appropriate field in the Customer Account.
8. The free Recommend to a Friend service consists of the Seller enabling Customers to send an e-mail to a friend regarding the Goods they have selected. Before sending the message, the Customer specifies the Product that is to be the subject of the recommendation, and then, using the "Recommend to a friend" function, fills in the form by providing their e-mail address and the e-mail address of a friend to whom they want to recommend the selected Product. The Customer may not use the service in question for any other purpose than recommending the selected Product. The Customer does not receive remuneration or other types of benefits for using the service in question.
9. Resignation from the free Recommend to a friend service is possible at any time and consists in ceasing to send recommendations of selected products to the Customer's friends.
10. The Customer Account Management service is available after Registration on the principles described in the Regulations and consists in providing the Customer with a dedicated panel within the Store's Website, enabling the Customer to modify the data provided during Registration, as well as track the status of order fulfillment and the history of orders already fulfilled.
11. The Customer who has registered may submit a request to delete the Seller's Customer Account, and in the event of a request to delete the Customer Account by the Seller, it may be deleted up to 14 days from the date of the request.
12. The Seller is entitled to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller or other Customers, the Customer violates legal regulations or provisions of the Regulations, and also when blocking access to the Customer Account and free services is justified by security reasons - in particular: the Customer breaking the security of the Store Website or other hacking activities. Blocking access to the Customer Account and free services for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services electronically to the address provided by the Customer in the registration form.

§11 Personal data protection

1. By placing an order, the customer consents to the processing of their Personal Data under the terms and conditions specified in these Regulations.
2. The Personal Data Administrator is AMKM sp. z o.o., Wrocławska 3D, 55-093 Brzezia Łąka.
3. The Personal Data Administrator processes the Personal Data of Users in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data (consolidated text Journal of Laws of 2002, No. 101, item 926, as amended) and the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended) to the extent necessary for the proper completion of the order placed by the Customer.
4. The scope of Personal Data is specified in the order form.
5. The Customer has the right to view the Personal Data being processed. May request that the Personal Data Administrator correct, supplement, update or delete them.
6. The Personal Data Administrator is authorized to use, process and publish Personal Data for purposes other than those necessary to complete the order only with the consent of the Customer. Consent may be revoked at any time.
7. In the event of processing Personal Data for purposes other than those necessary to complete the order, the User may request that the processing of such Personal Data be discontinued.
8. The Administrator is authorized to use, process and publish Personal Data to the extent necessary to properly complete the order, in particular to transfer the necessary personal data of the Customer to the postal operator, transport or forwarding company, in order to enable the proper delivery of the ordered goods to the Customer.

§ 12 Final provisions

1. In matters not regulated in the regulations, the provisions of the Civil Code and other relevant provisions of Polish law shall apply.
2. The Regulations shall enter into force on the date of their publication on the website www.monkeymachine.pl
3. The provisions of these regulations concerning Consumers, in particular the rights specified in §7, shall not apply to agreements concluded by the online store with an entrepreneur within the meaning of art. 431 of the Civil Code.
4. Any disputes arising from the performance of the agreement, if the Customer is an entrepreneur within the meaning of art. 431 of the Civil Code, the parties shall submit to the court of the place of business of the Seller for resolution.
5. The online store reserves the right to change these regulations. The parties are bound by the content of the regulations in force at the time of placing the order by the Customer.
6. The provisions of these regulations do not prejudice the rights of consumers resulting from the mandatory provisions of Polish law..