THE ONLINE SHOP  WWW.3DHEART.EU TERMS AND CONDITIONS

1. [Definitions] 

1.1. User Account – a free of charge element of the online shop website, available after logging in, for managing the User’s personal data provided upon registration as well as other elements related to the general use of the website;
1.2. Customer – a person making a purchase in the online shop;
1.3. Consumer – a natural person conducting legal action with the entrepreneur, which is not directly related to their business or professional activity;
1.4. Merchandise -  all items available for sale on the online shop website;
1.5. Terms and Conditions – this Regulation;
1.6. 3dheart -  online shop run by the Seller, available at www.3dheart.eu;
1.7. Online Shop Address / Website - www.3dheart.eu;
1.8. Seller – MWU 3D MODELS Sp. z o.o. based in Kraków, full address: ul. Ks. Bp. Władysława Bandurskiego 10/1, 31-515 Kraków, Tax Identification Number [NIP] 6751546464, National Court Register No. [KRS] 0000620755.
1.9. User -  the user of the website www.3dheart.eu, including the Customer;
1.10. Order – a declaration of intent of the customer to conclude the sale of the goods through the website by the means of filling in the online shop’s order form;

2. [General Provisions]

2.1. The Seller is the owner.
2.2. The product is intended only for users over the age of 18.
2.3. The Terms and Conditions of the Online Shop define the rules of conclusion and performance of contracts of sale between the Seller and the Customers within 3dheart.
2.4. The Seller’s offer is aimed at the Users who are Consumers, and to entrepreneurs using 3dheart, except for the paragraph 7 and 8 of the Terms and Conditions and any provisions that are directed only to the Users who are Consumers.
2.5. The Users, including Customers, are provided with free access to these Terms and Conditions via the “Terms of Purchase” which can be found on the Website
2.6. The Customers, when purchasing from 3dheart online shop, are obliged to respect the provisions of the Terms and Conditions and the applicable provisions of law.
2.7. Users can communicate with the Seller via e-mail, telephone and in writing. The ordering procedure is outlined in the paragraph 5 of the Terms and Conditions.


3. [Technical Requirements and Terms of Use]

3.1. It is possible to use the Website and to place orders with or without registering the User account.
3.2. The proper functioning of the Online Shop website requires a computer with Internet access, installed and updated browser as well as enabled cookies.
3.3. The User agrees to save cookies on their computer or other electronic device through which the Online Shop is visited.
3.4. Moreover, to register the User account an active email address is required, so that the activation link could be sent
3.5. In order to pay for the Merchandise using payment options: PayPal or Przelewy24, the Customer must additionally have the ability to make payments in electronic payment systems: PayPal or Przelewy24.
3.6. The Users are forbidden to influence the Online Shop website in a negative way, in particular by the use of viruses, spyware or any other programs adversely affecting the performance of the Website or constituting a threat to the data used by the 3dheart.
3.7. The Seller is not responsible for irregularities in the use of the Website, resulting from the User’s breach of the Technical Requirements and Terms of Use
 
4. [Electronically Provided Services]

4.1. The Seller provides the following services through the Online Shop website:
4.1.1. a possibility to register a User Account
4.1.2. a possibility to purchase Merchandise by a Customer without User Account
4.2. When registering a User Account, the Seller enables the User to purchase Merchandise after logging into the Online Shop website. This service is provided free of charge for an indefinite period of time.
4.3. The User, at any time and at no cost, has the right to remove the User Account by submitting a relevant request to the Seller. The request should be sent via e-mail, or in writing by mail, courier or in person.
4.4. Enabling the Customer to make a purchase without having the User Account is a free and one-time service ending when the order is officially placed.
4.5. All complaints relating to the services provided by electronic means can be reported to the Seller in writing, or by e-mail. The complaints will be considered by the Seller within 14 days.

5. [Placing Orders]

5.1. To place an order, the Customer has to accept the hereof Terms and Conditions. The regulations in force at the time of the order become an integral part of the contract of sale.
5.2. When placing an order, the Customer submits an offer to buy the products indicated in the order.
5.3. The information contained in the Online Shop website does not constitute an offer within the meaning of art. 66 § 1 of the Civil Code.
5.4. lacing an order is possible through the Website all year round, 24 hours a day. Placing an order does not require registering an account on the Online Shop website.
5.5. To place an order, the Customer holding the User Account should add the selected product to Cart using the "Add to Cart" button. Then, after selecting the "Order" button and logging into account, the Customer should choose the method of payment and delivery.
5.6. The Customer without User Account should also specify the current address and contact information. To place an order, the products and the data provided must be confirmed using the "Confirm Order” button.
5.7. After placing the order, a confirmation is sent to the email address provided.  The confirmation contains a unique number assigned to the contract and the date of execution of the contract including the approximate date of delivery of the Merchandise covered by the contract. The electronic message is also a confirmation of the conclusion of the distance contract.
5.8. Attached to the e-mail, there is a PDF document containing all the contract data and a withdrawal form.
5.9. The Customer will receive a confirmation of the order no later than within 7 working days from the date of placing the order – otherwise, the Customer ceases to be bound by the submitted offer.
5.10. Order delivery date falls within 21 days from the date of payment.
 
6. [Delivery and Payment]

6.1. The Merchandise prices listed on the Online Shop website are gross prices denominated in Polish zloty (PLN), containing VAT. Prices in other currencies are indicated only for information. The Merchandise price does not include shipping costs. The subject of sale is accompanied by a receipt from the cash register or a VAT invoice if the Customer is an entrepreneur. In order to receive a VAT invoice, the billing company data and its Tax Identification Number (NIP) must be correctly entered when placing an order.
6.2. The Customer has a choice of the following forms of payment:
6.2.1. Bank transfer;
6.2.2. Przelewy24;
6.2.3. PayPal
6.3. The payment is made in Polish currency (PLN) according to the exchange rate on the date of conclusion of the sale agreement between the Parties.
6.4. All ordered items will be delivered to the Customer by courier. There is also a possibility of a personal collection of the Merchandise. If the ordered items are collected personally, the Customer does not bear the cost of delivery.   
6.5. Delivery costs are borne by the Customer according to the price list available on the Website.  
6.6. The Customer is not entitled to withhold payment or deduct any amount from the purchase price. The transfer of the claims from the Customer to the Seller in relation to other entities is possible only with the prior consent of the Seller given in writing to be valid.

7. [Warranty]

7.1.    The Seller is obliged to provide the Customer with the Merchandise which is free from any physical and legal defects (warranty). In the case of purchasing defective Merchandise, the Customer shall have the powers provided for in the Civil Code, in particular in the part relating to the warranty (art. 556 et seq.), and other applicable laws.     
7.2.     If the Customer finds a defect in the Merchandise, this fact should be communicated to the Seller through the contact form available on the Online Shop website or in writing to the following address: ul. Ks. Bp. Władysława Bandurskiego 10/1, 31-515 Kraków.
7.3.        The complaint should be communicated to the Seller via e-mail, or in writing by mail, courier or in person.  
7.4.    The complaints are handled not later than within 14 days from the date of receipt of the complaint by the Seller.
7.5.    If the Merchandise, due to the nature of the complaint, proves necessary to be referred to the Seller, the Customer who shall exercise the powers under warranty, will be required at the Seller's cost to deliver the Merchandise to the place designated in the contract of sale, and when such a place is not specified in the contract - the place where the item was delivered to the Customer. If, because of the nature of the item or the way it is fitted, it would be excessively difficult for the Customer to deliver the Merchandise, the Customer is obliged to make the item available to the Seller at the place where the item is situated.  

8. [Termination of the Contract]

8.1. The Customer, who is a Consumer, has the right to withdraw from the contract of sale without giving any reason and without incurring any costs other than those indicated below.  
8.2. The deadline to withdraw from the contract of sale is 14 days since the delivery of the Merchandise by the Seller or a designated third party other than the carrier; it is also required to send a statement of withdrawal from the contract before the deadline.  
8.3. The Consumer can submit a statement of withdrawal from the contract of sale on the form, which is attached as Annex 2 to the Law on Consumer Rights, on the form sent by the Seller, or any other form in accordance with the law applicable in the territory of the Republic of Poland.  
8.4. The Consumer is obliged to return the Merchandise to the Seller immediately, but not later than within 14 days from the date of withdrawal from the contract of sale. To meet the deadline, the Merchandise should be returned within the abovementioned period of time.
8.5. The Consumer returns the Merchandise at his own expense.
8.6. The Consumer is responsible for the decrease in the value of the item, as a result of using it in a way that goes beyond the necessary means to establish its nature, characteristics and functioning.
8.7. The Seller shall return the Consumer all incurred costs immediately, and not later than within 14 days from the date of receipt of the statement of withdrawal from the contract of sale, including the costs of delivery of the Merchandise. If the Consumer has chosen a method of delivery other than the least expensive normal delivery offered by the Seller, the Seller does not return the Consumer the additional costs.
8.8. The Seller makes the refund using the same method of payment that was used by the Consumer, unless the Consumer expressly agrees to another method of payment that does not incur any further costs.   
8.9. The Seller may withhold the refund of the payment received from the Consumer until the receipt of the returned Merchandise, or until the Consumer supplies evidence of such return having been made, depending on which event occurs first.
8.10. The Customer is not entitled to the right to withdraw from a distance contract in relation to the contracts referred to in art. 38 of the Law on Consumer Rights and in particular:
8.10.1.    in which the item provided is non-prefabricated and manufactured according to the specifications of the Consumer or has been tailored to meet the Consumer’s individual needs;
8.10.2. in which the item provided is subject to rapid decay or has a short shelf life;
8.10.3. in which the item provided is delivered in a sealed container, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery;  
8.10.4. in which the item provided, due to its nature, is inextricably linked to other items right after the delivery.

9. [Non-judicial Ways of Dealing with Complaints and Redress]

9.1.    If the Seller did not consider the complaint of the Customer, who is a Consumer, and the Customer does not agree with this decision, there are other, non-judicial means of dealing with complaints and redress available.
9.2.    The Customer, who is a Consumer, has a possibility to ask a competent regional inspector of Trade Inspection with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller in accordance with art. 36 of the Law on Trade Inspection. The mediation is voluntary and the settlement must be a result of an agreement between the two parties. However, an effective request for mediation does not guarantee its conduct, much less a result.   
9.3.    The Customer, who is a Consumer, has the right to request a resolution of the dispute arising from the contract of sale by the standing arbitration consumer court at the Regional Inspectorate of Trade Inspection, as referred to in art. 37 of the Act on Trade Inspection.
9.4.    Detailed information about non-judicial ways of dealing with complaints and redress are also available at the premises and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and the Regional Inspectorates of Trade Inspection.
9.5.    The Customer, who is a Consumer, can also use the ODR Platform, which can be found at:

    https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage    

10. [Copyright]

10.1. The entire content of the Online Shop website is protected under the terms of the Act of February 4, 1994 on the Copyright and Related Rights (Dz. U. of 2006, no. 90, item. 631, as amended). Any violation of copyright will form the basis of the relevant claims referred to in the abovementioned paragraph specified in the Act.

11. [Final Provisions]

11.1. The Online Shop Terms and Conditions are not intended to exclude or limit any rights of the Customer, who is a Consumer, under the applicable law. Any possible doubts shall be explained in favor of the Customer - Consumer using the Online Shop. The provisions of the Online Shop Terms and Conditions which are less favorable for the Customer - Consumer than the mandatory provisions of the law are null and void.    
11.2. The Seller has the right to change the Terms and Conditions at any time. The terms of the new version will only apply to new Contracts entered into by the Seller/Customer through the Online Shop website.  
11.3. The descriptive headings of the provisions of the Terms and Conditions have been included for convenience only and do not affect the interpretation of the regulations.   
11.4. The parties to the contract of sale through the Online Shop website shall undertake to attempt an amicable settlement of the dispute, before filing a request for legal proceedings.  
11.5. In matters not regulated by the Terms and Conditions, the law of the Republic of Poland is applied, excluding, pursuant to art. 6 of the Convention, the Vienna Convention on the International Sale of Goods (CISG).  
11.6 A contact with the Seller is possible via:  
11.6.1. e-mail info@mwu3dmodels.com
11.6.2. phone +48 795 655 606
11.7.If, for any reason, any of the provisions of the Terms and Conditions are or prove to be wholly or partially invalid or ineffective, this does not affect the validity of the remaining provisions of the Terms and Conditions as a whole.