Statute

I. General provisions

1. These Terms and Conditions define the general terms and conditions, the method of providing Services electronically and sales conducted via the Online Store www.kreator-kwiatow.pl. The Store is operated by Marcin Baran, conducting business under the name AMBER MARCIN BARAN, entered into the register of entrepreneurs of the Central Registration and Information on Business maintained by the minister responsible for economy at ul. Perłowa 20, 44-121 Gliwice, NIP 6312473384, REGON 241033079, hereinafter referred to as the Seller.

2. Contact with the Seller is possible via:
e-mail address: hello@madisonwithlove.com ;
by phone: +48 (22)2428797;
contact form available on the Online Store website.

3. These Regulations are continuously available on the website madisonwithlove.com, in a manner enabling their acquisition, reproduction and recording of their content by printing or saving on a medium at any time.

4. The Seller advises that the use of Services provided electronically may pose a risk to every Internet user, including the possibility of malicious software being introduced into the Customer's IT system and unauthorized persons obtaining and modifying their data. To avoid the risk of these threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular antivirus software and firewalls.

5. The Seller has designated a single point of contact for contacting Customers, the authorities of European Union Member States, the European Commission, and the Digital Services Council referred to in the DSA Regulation. Communication at this point takes place at the email address indicated in point 2 above, in Polish and English.

II. Definitions

The terms used in the Regulations mean:

1. Working days – these are days from Monday to Friday, excluding public holidays;
2. Customer – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order in the Online Store or uses other Services available in the Online Store;
3. Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
4. Account – a part of the Online Store assigned to a given Customer, through which the Customer can perform specific actions within the Online Store;
5. Consumer – A customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
6. Entrepreneur - a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
7. Content – ​​content publicly available by the Seller and added by Customers via the functionality of the Online Store;
8. Regulations - this document;
9. DSA Regulation - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act);
10. Goods – a product presented in the Online Store, the description of which is available for each of the presented products;
11. Sales Agreement – ​​A sales agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
12. Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
13. Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, No. 827);
14. Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
15. Order – a declaration of intent by the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.

III. Rules for using the Online Store

1. The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
a. computer or mobile device with Internet access,
b. access to e-mail,
c. Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later,
d. enabling Cookies and Javascript in your web browser.
2. Using the Online Store means any action by the Customer that leads to him/her becoming familiar with the content contained in the Store.
3. The Customer is obliged in particular to:
a. not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
b. use the Online Store in a way that does not disrupt its operation, in particular through the use of specific software or devices,
c. not to take actions such as: sending or posting unsolicited commercial information (spam) within the Online Store,
d. use the Online Store in a way that does not cause any inconvenience to other Customers and the Seller,
e. use any content posted on the Online Store only for personal use,
f. use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.

4. The Seller may voluntarily undertake activities to check the Content added by Customers, in particular in terms of compliance with point 3 above.

5. The Seller does not use algorithmic decision-making when conducting verification activities. All decisions made by the Seller regarding Content are the result of human review.

6. The Seller enables Customers to report Content (hereinafter referred to as the Report) that violates, in particular, point 3 above, including in particular content violating the provisions of Polish law and European Union law.

7. The Client may submit a Report via a dedicated contact form at hello@madisonwithlove.comor via email at hello@madisonwithlove.com.

8. If the Notification contains electronic contact details of the Customer who submitted the Notification, the Seller shall, without undue delay, send the Customer a confirmation of receipt of the notification.

9. The Seller, after carrying out the verification activities referred to in point 4 above or after receiving the Notification from the Customer, shall make a decision regarding the reported Content within 14 days from the date of receipt of the Notification.

10. The decision referred to in point 9 above (hereinafter referred to as the "Decision") may consist of:
a. limiting the visibility or removing the Content to which the Report pertained;
b. suspension or closure of the Account of the Customer who added the Content to which the Report pertained.

11. The Seller shall make the Decision in a timely, non-arbitrary, objective and diligent manner.

12. The Seller shall, without undue delay, inform the Customer who submitted the Notification about the Decision made by the Seller.

13. The Seller, if it has electronic contact details of the Customer who added the reported Content, shall make the Decision and provide its justification.

14. The Customer who added the reported Content may file an appeal against the Seller's Decision within 14 days from the date of receipt of notification of the Seller's Decision.

15. The appeal may be submitted to the Seller via e-mail to the following address: hello@madisonwithlove.com and should include the name, surname and e-mail address of the Customer who added the reported Content along with a comprehensive justification.

16. The Seller shall consider the appeal referred to in point 14 above within 14 days of receipt.

IV. Services

1. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.

2. The Online Store Account service is available after registration. Registration is completed by completing and accepting the registration form available on one of the Online Store's pages. The agreement for the provision of the Online Store Account service is concluded for an indefinite period and terminates when the Customer submits a request to delete the Account or uses the "Delete Account" button.

3. The Customer may receive commercial information from the Seller in the form of messages sent to the email address provided by the Customer (Newsletter service). To do this, provide a valid email address or activate the appropriate field in the registration form or Order form. The Customer may withdraw consent to the sending of commercial information at any time. The Newsletter service agreement is concluded for an indefinite period and terminates when the Customer submits a request to remove their email address from the Newsletter subscription or unsubscribes using the link provided in the message sent as part of the Newsletter service.

4. The Customer may send messages to the Seller via the contact form. The agreement for the provision of the service consisting of providing an interactive form enabling Customers to contact the Seller is concluded for a fixed term and terminates upon the Seller's response.

5. The Seller reserves the right to organize occasional competitions and promotions, the terms of which will be published on the Store's website. Promotions in the Online Store cannot be combined unless the Terms and Conditions of a given promotion state otherwise.

6. If the Customer violates the provisions of these Regulations, the Seller, after a prior unsuccessful request to cease or remedy the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.

V. Procedure for concluding the Sales Agreement

1. Information about the Goods provided on the Store's website, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a Contract, within the meaning of Article 71 of the Civil Code.

2. All Goods available in the Online Store are brand new, free from physical and legal defects and have been legally introduced to the Polish market.
3. The condition for placing an Order is to have an active e-mail account.

4. When placing an Order using the Order form available on the Online Store website, the Order is submitted to the Seller by the Customer electronically and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer submitted electronically is binding on the Customer if the Seller sends a confirmation of acceptance of the Order to the e-mail address provided by the Customer, which constitutes the Seller's declaration of acceptance of the Customer's offer, and upon its receipt by the Customer, a Sales Agreement is concluded.

5. Orders placed in the Online Store by telephone, email, or contact form must be placed on the Business Days and at the times indicated on the Online Store website. To do this, the Customer should:

a. during a telephone conversation, in the content of an e-mail or in the content of a message sent via the contact form addressed to the Seller, provide the name of the Goods from among the Goods available on the Store's website and their quantity,

b. indicate the delivery method and payment method from among the delivery and payment methods provided on the Store's website,

c.provide the data required to complete the Order, in particular: name and surname, place of residence and e-mail address.

6. Orders placed in the Online Store by telephone, email, or via the contact form must be placed on the Business Days and at the times indicated on the Online Store website. To do this, the Customer should:

a. provide the name of the Goods from among the Goods available on the Store's website and their quantity during a telephone conversation, in the content of an e-mail or in the content of a message sent via the contact form to the Seller,

b. indicate the delivery method and payment method from among the delivery and payment methods provided on the Store's website,

c. provide the data required to complete the Order, in particular: name and surname, place of residence and e-mail address.

7. Information on the total value of the Order referred to in the point above is provided by the Seller each time orally after the entire Order has been completed or by informing the Customer via e-mail together with the information that the conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods, at which moment the Sales Agreement is concluded.

8. In the case of a Customer who is a Consumer, the Seller shall send the Customer a confirmation of the terms of the placed Order each time the Order is placed by telephone, e-mail or contact form.

9. The Agreement is concluded when the Customer, who is a Consumer, sends an e-mail (in response to the confirmation of the terms of the Order sent by the Seller) to the Seller's e-mail address, in which the Customer: accepts the content of the sent Order and consents to its execution and accepts the content of the Regulations and confirms that he has read them
with instructions on withdrawal from the Agreement.

10. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer's e-mail address or in writing to the address provided by the Customer.

11. The sales contract is concluded in Polish, with the content consistent with the Regulations.

VI. Delivery

1. Delivery of Goods is limited to the territory of the Republic of Poland and selected countries within the European Union and is carried out to the address indicated by the Customer when placing the Order.

2. Goods are delivered via courier.

3. The Seller on the Store's website in the description of the Goods informs the Customer about the number of Business Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.

4. The delivery and execution time of the Order is counted in Business Days in accordance with point VII item 2.

5. The Seller, in accordance with the Customer's wishes, shall deliver a receipt or VAT invoice covering the delivered Goods together with the Goods.

6. If different delivery periods are provided for the Goods covered by the Order, the longest of the provided periods shall apply to the entire Order.

VII. Prices and payment methods

1. The prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and other fees.

2. The customer can choose the following payment methods:

- electronic payment (in this case, the execution of the Order will be initiated after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the settlement agent's system about the payment made by the Customer, and the shipment will be made immediately after the Order is completed);

3. The Seller shall inform the Customer on the Store's website of the deadline by which they are required to pay for the Order. If the Customer fails to pay within the deadline referred to in the preceding sentence, the Seller, after an unsuccessful request for payment with an appropriate deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.

VIII. Right to withdraw from the Agreement


1. A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the declaration before its expiry.

2. The Customer may formulate the declaration himself or use the declaration template provided by the Seller on the Store's website.

3. The 14-day period is counted from the date on which the Goods were delivered or, in the case of a Service Agreement, from the date of its conclusion.

4. Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send confirmation of receipt of the declaration of withdrawal from the Agreement to the Consumer's e-mail address.

5. The right to withdraw from the Contract by the Consumer is excluded in the event of:
a. Contracts for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the entrepreneur has performed the service, he will lose the right to withdraw from the contract, and has acknowledged this;

b. A Contract in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the Contract;

c. A contract in which the subject of the provision is a non-prefabricated Good, manufactured according to the Consumer's specifications or intended to meet his individual needs;

d. A contract in which the subject of the provision is a Good that spoils quickly or has a short shelf life;

e. A contract in which the subject of the provision is Goods delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery;

f. A contract in which the subject of the provision are products which, due to their nature, are inseparably connected with other items after delivery;

g. A contract in which the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control;

h. a Contract in which the Consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or supplies Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Contract in respect of additional services or Goods;

i. A contract in which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of a Subscription Agreement;

j. Contract concluded through public auction;

k. Contracts for the provision of services for which the Consumer is obliged to pay the price, in the case of which the Consumer has expressly requested the Seller to come to him for the purpose of repair, and the service has already been fully performed with the express and prior consent of the Consumer.

l. Contracts for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision;

m. Contracts for the supply of Digital Content, not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller commenced the performance with the express and prior consent of the Consumer, who was informed before the commencement of the performance that after the Seller has fulfilled the performance, the Consumer will lose the right to withdraw from the contract, and the Consumer has acknowledged this, and the Seller has provided the Consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act.

6. Other exceptions to the right to withdraw from the Agreement are indicated in Article 38, paragraph 2 of the Consumer Rights Act.

7. In the event of withdrawal from a Distance Agreement, the Agreement is deemed null and void. Whatever the parties have provided must be returned unchanged, unless the change was necessary to establish the nature, characteristics, and functionality of the Goods. The return should be made immediately, no later than 14 days. The purchased Goods should be returned to the Seller's address.

8. The Seller will immediately, but no later than 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, refund all payments made by the Consumer, including the costs of delivery of the Goods. The Seller will refund the payments using the same payment method used by the Consumer, unless the Consumer consents to a different payment method, which will not incur any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until the Goods are received back or the Customer provides proof of sending them back, whichever occurs first, unless the Seller has offered to collect the Goods from the Customer.

9. If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.

10. The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

IX. Complaints regarding Goods under warranty

1. The Seller undertakes to deliver the Goods free from defects.

2. The Seller is liable for the non-conformity of the Goods with the contract under the terms specified in the Consumer Rights Act towards the Customer who is a Consumer and the Customer who is a natural person concluding the Contract directly related to his/her business activity, when the content of this Contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.

3. Complaints arising from the infringement of the Customer's rights guaranteed by law or under these Regulations should be sent to AMBER Marcin Baran, ul. Perłowa 20, 44-121 Gliwice, to the following e-mail address: hello@madisonwithlove.com or using the contact form.

4. For a complaint to be processed, the Customer should send or deliver the Goods in question, attaching proof of purchase, if possible. The Goods should be delivered or shipped to the address indicated in point 3.

5. The Seller undertakes to consider each complaint within 14 days.

6. If there are any deficiencies in the complaint, the Seller will request the Customer to supplement it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.

X. Complaints regarding the provision of services by electronic means

1. The Customer may submit complaints to the Seller regarding the operation of the Store and the use of the Services. Complaints may be submitted in writing to the following address: AMBER Marcin Baran, ul. Perłowa 20, 44-121 Gliwice, or to the following e-mail address: hello@madisonwithlove.com or using the contact form.

2. In the complaint, the Customer should provide his/her name and surname, correspondence address, type and description of the problem.

3. The Seller undertakes to review each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be reviewed. If there are any deficiencies in the complaint, the Seller will request the Customer to supplement it as necessary within 7 days from the date the Customer receives the request.

XI. Guarantees

1. Goods may be subject to a manufacturer's, seller's or importer's warranty.

2. In the case of Goods covered by a warranty, information regarding the existence and content of the warranty and the period for which it was granted is each time presented in the description of the Goods on the Store's website.

XII. Extrajudicial methods of settling complaints and pursuing claims

1. A Customer who is a Consumer has, among others, the following options for using out-of-court complaint and claim settlement methods:

a. is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;

b. is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Customer and the Seller;

c. may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation on the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porad@dlakonsumentow.pl;

d. submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Personal data protection

The Seller collects and processes the personal data provided by Customers in accordance with applicable law and in accordance with the Privacy Policy, which constitutes Annex 2 to the Regulations.

XIV. Final Provisions

1. All rights to the Online Store, including copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as forms and logos, belong to the Seller, and may only be used in the manner specified in and in accordance with the Regulations.

2. The provisions contained in these Regulations concerning Consumers, regarding withdrawal from the contract and complaints, apply to individuals entering into a contract directly related to their business activity, if the content of the contract indicates that it is not of a professional nature for that individual, arising in particular from the subject of their business activity, disclosed under the provisions of the Central Registration and Information on Business. Provisions regarding out-of-court complaint resolution and redress procedures do not apply.

3. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be resolved by the court having jurisdiction over the Seller's registered office.

4. The provisions contained in these Regulations concerning Consumers, regarding withdrawal from the contract and complaints, apply to individuals entering into a contract directly related to their business activity, if the content of the contract indicates that it is not of a professional nature for that individual, arising in particular from the subject of their business activity, disclosed under the provisions of the Central Registration and Information on Business. Provisions regarding out-of-court complaint resolution and redress procedures do not apply.

5. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.

6. Each Customer will be notified of any changes to these Terms and Conditions via information on the Online Store's home page, which includes a summary of the changes and their effective date. Customers with an Account will also be notified of the changes, along with a summary of the changes, via the email address they provide. The effective date of the changes will be no less than 14 days from the date they are announced. If a Customer with a Customer Account does not accept the new Terms and Conditions, they are obligated to notify the Seller of this fact within 14 days of being informed of the changes. Notifying the Seller of non-acceptance of the new Terms and Conditions will result in termination of the Agreement.