ONLINE STORE TERMS AND CONDITIONS of www.malesa.shop

  • 1 Preliminary Information

These terms and conditions define the rules for purchasing products from the online store operated by the Seller at www.malesa.shop.

The Seller is the brand MALESA, available at www.malesa.shop, managed by Damian Malesa, who operates under the business name Malesa, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the Polish Minister of Economy, NIP: 7011206772, REGON: 528711850.

Contact with the online store www.malesa.shop is possible via:

– Email: damian@malesa.shop

– Phone: mobile: +48 881 445 773

– In writing: Damian Malesa, ul. Wspólna 41 m. 77, 00-519 Warsaw

Bank account number: 72116022020000000618346475.

  • 2 Definitions
  1. Consumer – a physical person who strikes a deal with the Seller through the Store, the object of which is not related to their main business or professional activity.
  2. Seller – Damian Malesa operating under the business name Malesa, registered in the CEIDG, NIP 7011206772, REGON 528711850.
  3. Customer – any entity purchasing through the Store.
  4. Entrepreneur – a physical person, legal entity, or organisational unit performing economic activity and using the Store.
  5. Online Store (Store) – the website available at www.malesa.shop, through which the Customer can place an order.
  6. Distance Contract – a contract concluded with the Customer through an organised distance contracting system, without the simultaneous physical presence of the parties, using other means of communication.
  7. Terms and Conditions – these terms and conditions of the Store.
  8. Order – a declaration of intent by the Customer made through the Order Form, aimed at concluding a Sales Contract for the Product(s) with the Seller.
  9. Account – the customer account in the Store, where the Customer’s data and order history are stored.
  10. Registration Form – the form available in the Store, enabling the creation of an Account.
  11. Order Form – an interactive form available in the Store, allowing the placement of an Order, including adding Products to the Cart and defining the terms of the Sales Contract.
  12. Cart – the software element of the Store, where the selected Products are visible and where the Order details can be modified.
  13. Product – a movable item offered in the Online Store that is subject to a Sales Contract.
  14. Sales Contract – a contract for the sale of a Product concluded between the Customer and the Seller via the Online Store.
  • 3 Contact with the Store
  1. Seller’s Address: ul. Wspólna 41 m. 77, 00-519 Warsaw.
  2. Seller’s Email Address: damian@malesa.shop.
  3. Seller’s Bank Account Number: 72116022020000000618346475.
  4. The Customer can also contact the Seller by phone at +48 881 445 773.
  5. All inquiries regarding the offer, orders, and complaints should be directed to the above contact details.
  • 4 Order Rules
  1. Orders can be placed 24/7.
  2. To place an order, the Customer should:
    a) Select the Product they wish to order,
    b) Provide the required information about personal measurements where needed and add the selected Product to the Cart,
    c) Proceed to the order form,
    d) Provide the required information for order processing and shipping,
    e) Choose the payment and delivery method,
    f) Confirm the order submission.
  3. The Customer must provide true and up-to-date data.
  4. After placing an order, the Customer will receive a confirmation email to the provided address.
  • 5 Payments
  1. The Customer can choose from the following payment methods:
    a) Electronic payment via the PayU system,
    b) Bank transfer to the Seller’s account.
  2. Payment for the order should be made within 7 days of placing the order. In case of failing to pay, the order will be cancelled.
  • 6 Delivery
  1. The order processing time is up to 14 days from the time the payment is received.
  2. Delivery of Products is available within Poland and other locations selected by the Customer.
  3. The delivery cost depends on the chosen delivery method and will be specified during the order process.
  4. The Customer has the right to inspect the condition of the shipment upon receipt.
  • 7 Custom Tailoring
  1. The Seller offers made-to-measure services, carried out upon individual order by the Customer.
  2. Due to the nature of these services, the Customer does not have the right to withdraw from the contract in the case of custom tailoring orders.
  3. The Customer acknowledges that custom orders are tailored to their individual needs, which excludes the possibility of returns.
  • 8 Right to Withdraw from the Contract
  1. A Customer purchasing ready-made products or accessories has the right to withdraw from the contract without giving a reason within 14 days from the day the Product was delivered.
  2. To exercise the right to withdraw, the Customer must submit a withdrawal statement in writing or via email to the Seller’s email address.
  3. The Customer is obligated to return the Product within 14 days of submitting the withdrawal statement. The return cost is borne by the Customer.
  4. The Seller will refund all payments received, including delivery costs, within 14 days from receiving the withdrawal statement, provided the Product is returned in its original condition, with all accessories, and in its original packaging.
  • 9 Complaints
  1. The Customer has the right to file complaints regarding purchased Products.
  2. Complaints should be submitted in writing or electronically to the Seller’s email address.
  3. Complaints will be reviewed within 14 days of submission, and the Customer will be informed of the decision by email.
  4. In the case of an accepted complaint, the Seller agrees to promptly fix the defect, replace the Product, or refund the full price of purchase.
  • 10 Personal Data Protection
  1. The Seller is the administrator of the Customers’ personal data.
  2. Personal data is processed to fulfill orders, including delivery, customer communication, and to comply with the Seller’s legal obligations in accordance with EU law.
  3. The Customer has the right to access and correct their personal data.
  4. Personal data will not be shared with third parties unless necessary for order processing (e.g., delivery companies).
  5. Detailed information on personal data processing is available in the Privacy Policy on the Store’s website.
  • 11 Final Provisions
  1. These Terms and Conditions come into effect upon their publication on the Store’s website.
  2. The Seller reserves the right to amend the Terms and Conditions. Any changes will be effective upon their publication on the Store’s website.
  3. In case of changes, any Customer who placed an order before the changes were made will be entitled to perform the contract under the terms applicable at the time of the order.
  4. Matters not regulated in these Terms and Conditions are governed by the Civil Law and other applicable laws of Poland.
  5. Any disputes arising in connection with the performance of the contract will be settled by relevant court.
  • 12 Information Clause
  1. As previously stated and in accordance with Article 13(1) and (2) of the GDPR, we inform that:
    a) The personal data administrator is the Seller,
    b) Personal data will be processed for the purpose of contract fulfilment,
    c) Personal data may be shared with entities cooperating with the administrator solely for order processing purposes,
    d) The Customer has the right to access, correct, and file a complaint with a supervisory authority,
    e) Personal data will be retained for the period necessary to perform the contract and as required by law.
  • 13 Consent to Electronic Communication
  1. The Customer consents to receive commercial information electronically, including newsletters, to the provided email address.
  2. The Customer may withdraw their consent to receive commercial information at any time by sending a statement to the Seller’s email address.
  • 14 Differences in Language
  1. These Terms and Conditions have originally been prepared in Polish. In case of any discrepancies between the Polish version and any translation, the Polish version shall prevail.
  • 15 Changes to the Terms and Conditions
  1. The Seller reserves the right to make changes to the Terms and Conditions.
  2. The Customer will be informed of any changes via an announcement on the Store’s website.
  • 16 Contact
  1. Any questions regarding the Terms and Conditions and the operation of the Store can be directed to the Seller via email at: damian@malesa.shop or by phone at +48 881 445 773.
  • 17 Intellectual Property Rights
  1. The content of the Store, including texts, graphics, logos, icons, images, as well as the software and other elements of the website, are the property of the Seller or entities with whom the Seller has cooperated in creating the content.
  2. Unauthorised copying, distribution, or use of any content from the Store without the Seller’s written consent is prohibited and may result in legal action.
  3. All trademarks, logos, and names presented in the Store are registered trademarks and are protected by relevant laws.
  • 18 Technical Requirements
  1. To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are required:
    a) A device with internet access and a web browser supporting cookies and JavaScript,
    b) An active email account.
  2. The Store uses cookies, which are necessary for its proper functioning. Detailed information on the use of cookies can be found in the Privacy Policy available on the Store’s website.
  • 19 Promotions
  1. The Store may occasionally offer promotional sales or special discounts on certain Products.
  2. The rules and conditions of each promotion will be provided on the Store’s website and will apply only to those Customers who fulfil the conditions set forth for the promotion.
  3. Promotions cannot be combined unless explicitly stated in the promotion terms.
  • 20 Governing Law and Jurisdiction
  1. These Terms and Conditions are governed by Polish law.
  2. Any disputes arising between the Customer and the Seller will be resolved by the competent common court in accordance with the provisions of the Civil Code or other applicable laws of Poland.
  • 21 Final Provisions
  1. These Terms and Conditions come into force on the date of their publication on the Store’s website.
  2. In case of matters not covered by these Terms and Conditions, the relevant provisions of Polish law, including the Civil Code and the Act on Consumer Rights, shall apply.
  3. If any provision of these Terms and Conditions is found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.