Terms and conditions

The terms and conditions under which MJ Baltica offers users access to its services available on the website www.mjbaltica.com are described below.

1. Definitions

To allow for complete understanding and acceptance of these terms and conditions, the following terms, in singular and plural, will have the meaning indicated below:

Owner: MJ Baltica di Baran Malgorzata, via Bagnaia, 18 56038 Ponsacco (Pi), e-mail address mj.baltica@interia.eu.

Site: the website www.mjbaltica.com, managed by the Owner, an ecommerce for the sale of handicraft items;

Products: the products and/or services offered through the Site;

User: the person who accesses the Site, without distinction of legal nature and purpose pursued, interested in the Products offered through the Site;

Consumer: natural person who acts for purposes unrelated to any commercial, artisanal or professional business activity carried out;

Conditions: this contract which governs the relationships between the Owner and the Users and the sale or supply of the Products offered through the Site.

2. Stipulation, conclusion and effectiveness of the Conditions

The purchase contract for the Products is concluded by correctly completing and sending the order form. This form contains the details of the orderer and the order, the price of the Product purchased, any additional additional charges, the payment methods and terms, the address where the Product will be delivered, the delivery times and the existence of the right of withdrawal as well as consent to the processing of personal data.

When the Owner receives the order from the User, he will send a confirmation e-mail or display a printable web page confirming and summarizing the order, which will also contain the data recalled in the previous point.

The Conditions are not considered effective between the parties in the absence of what is indicated in the previous point.

The Owner may modify or simply update these Conditions, in whole or in part. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of modification of the Conditions. The User is therefore invited to view the Conditions each time they access the Site and is advised to print a copy for future reference.

3. Registration

In order to use some features of the Site, Users can register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these Conditions. The User is responsible for safeguarding their access credentials.

It is understood that under no circumstances can the Owner be held responsible in the event of loss, diffusion, theft or unauthorized use by third parties, for any reason, of the Users' access credentials.

4. Account cancellation and closure

Registered Users can deactivate their accounts or request their deletion through the Site interface or by sending a written communication to the email address mj.baltica@interia.eu.

The Owner, in the event of violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or close the User's account at any time and without notice.

5. Purchases on the Site

The purchase of one or more Products through the Site is permitted both to Users who have the status of Consumers and to Users who do not have this status.

Pursuant to art. 3, I paragraph, letter. a) of the Legislative Decree 206/2005 (“Consumer Code”), please note that the status of Consumers includes natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out.

The purchase is permitted to natural persons only on the condition that they are at least eighteen years of age.

The Owner undertakes to describe and present the Products sold on the Site in the best possible way. Nonetheless, some errors, inaccuracies or small differences between the Site and the actual Product may appear. Furthermore, any photographs of the Products present on the Site do not constitute a contractual element, as they are only representative.

The User expressly gives the Owner the right to accept the order placed even only partially (for example in the event that all the Products ordered are not available). In this case the contract will be considered finalized in relation to the Products actually sold.

The Owner reserves the right to refuse an order:

1. when the Product is not available;

2. when authorization to charge the cost of the Product to the User is denied;

3. when at the time of purchase an obviously incorrect and recognizable price is indicated. In this case, the User will be contacted by Customer Service to be informed and will receive a refund relating to the transaction carried out.

6. Prices and payments

The Owner reserves the right to modify, at any time, the price of the Products and any shipping costs thereof. It is understood that any modifications will in no case prejudice the contracts already concluded before the modification.

The sales prices of the Products include VAT, if due; any other tax and/or shipping costs to be paid by the User will be indicated before confirming the purchase.

The User undertakes to pay the price of the Product purchased in the times and ways indicated on the Site.

Payment can be made by bank transfer or Paypal (by registering for their service or by credit card).

Any refund to the User will be credited promptly using one of the methods proposed by the Owner and chosen by the User and, in the event of exercising the right of withdrawal, no later than 14 days from the date on which the Owner became aware of the withdrawal itself. .

The Site uses third-party tools for payment processing and does not come into contact in any way with the payment data provided (credit card number, name of the holders, password, etc.).

If these third-party tools deny payment authorization, the Owner will not be able to supply the Products and will not be responsible for any delay or failure to deliver.

7. Billing

The User is always provided with an invoice for the products purchased. For the issuance of the invoice, the information provided by the User will be considered as valid, which he declares and guarantees to be truthful, granting the Owner the fullest indemnity in this regard.

8. Method of delivery of material Products

Tangible Product means any movable or digital good supplied on a tangible medium offered through the Site.

The physical Products ordered will be delivered to the User, at the address indicated by the User, in the manner indicated on the Site at the time of purchase. Delivery will take place within the terms indicated in the order confirmation.

Upon receipt, the User is required to verify the conformity of the Product delivered with the order placed; only after this verification will it be necessary to proceed with signing the delivery documents, without prejudice to the right of withdrawal.

If an order exceeds the existing quantity in the warehouse, the Owner will inform the User via e-mail whether the Product can no longer be booked or what the waiting times are to obtain it, asking whether he intends to confirm the order or not. .

The Owner assumes no responsibility for the delay or failure to deliver the Product attributable to causes of force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, to execute within the agreed times.

The Owner will not be liable to any party or third party for damages, losses and costs suffered as a result of failure to execute the contract for the causes mentioned above, the User having the right only to a refund of any price paid.

9. Right of withdrawal of material Products

The User who holds the status of consumer and who for any reason is not satisfied with the purchase made of material Products has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason within 14 days starting from the Product delivery date.

It is understood that the right of withdrawal referred to in the previous paragraph is excluded in the following cases: supply of tailor-made or clearly personalized Products;

In order to withdraw from the contract, the User must contact the Owner at the email address mj.baltica@interia.eu. The sending of the communication may validly be replaced by the return of the purchased Product, provided within the same terms. The date of delivery to the courier will prevail between the parties.

In case of withdrawal, the Owner will reimburse the payments received from the User as well as the delivery costs without undue delay and, in any case, no later than 14 days from the day on which the User communicated to the Owner of wanting to withdraw from the contract.

The Owner will reimburse the User using the same payment methods used by the User for the online purchase.

The User must return the Products at his own expense, without undue delay and in any case within 14 days from the date on which he communicated his decision to withdraw to the Owner.

The User is responsible for the integrity of the Product as long as the same good is in his possession and must take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible condition. The Product must not have been subjected to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product.

10. Optional form to exercise the right of withdrawal

Optionally, the User can withdraw using the following form, which must be completed in its entirety and sent to the email address mj.baltica@interia.eu, before the withdrawal period expires:

With this form I communicate the withdrawal from the sales contract relating to the following goods/services:

TO-_____________________________________________________________________

B-___________________________________________________________________________

C-___________________________________________________________________________

Order number: _______ Ordered on: _______

Name and Surname: _______ Address: ______

Email associated with the account from which the order was placed: _________________________________ Date: _________________

11. Conformity guarantee

All Products that fall into the category of "consumer goods", as regulated by art. 128, 2nd paragraph of the Consumer Code, sold through the Site are covered by the legal guarantee of conformity provided for by the articles. 128-135 of the Consumer Code.

The legal guarantee of conformity is reserved for Consumers. It, therefore, applies only to Users who have made a purchase through the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.

Those who have purchased on the Site and who do not have the status of Consumers will be subject to the guarantees for defects in the goods sold, the guarantee for defects in promised and essential qualities and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations (articles 1490 et seq. of the Civil Code).

The lack of conformity that occurs within 24 months from the date of purchase of the Product must be reported within the following 2 months from the date of discovery of the defect.

Unless proven otherwise, it is presumed that defects of conformity which appear within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. After six months, the User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.

Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to have the Product restored to conformity, without charge. To this end, the User can normally choose between repairing the Product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the User has the right to an adequate reduction in the price or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively burdensome; ii) the Owner has not repaired or replaced it within a reasonable time; iii) the replacement or repair caused significant inconvenience to the consumer.

If the User intends to take advantage of the remedies provided by the legal guarantee accompanying the Products, he must contact the Owner at the e-mail address mj.baltica@interia.eu. The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the defect reported.

12. Industrial and Intellectual Property Rights

The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or relating to the Site and/or the materials and contents available on the Site.

These Conditions do not grant the User any license to use the Site and/or individual Contents and/or materials available therein, unless otherwise regulated.

All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, commercial names, illustrations, images, logos appearing on the Site are and remain the property of the Owner or its licensors and are protected by current trademark laws and relevant international treaties.

Any reproductions in any form of the explanatory texts and contents of the Site, if not authorized, will be considered violations of the intellectual and industrial property rights of the Owner.

13. Limitation of Liability

The Owner assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the services purchased, if he/she demonstrates that he/she has adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.

The User undertakes to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend oneself in court, which may arise due to damage caused to other Users or third parties, in relation to the Contents uploaded or the violation of the terms of the law or the terms of these Conditions.

Therefore, the Owner will not be responsible for:

1. any losses that are not a direct consequence of the breach of contract by the Owner;

2. any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill value, etc.);

3. incorrect or unsuitable use of the Application by Users or third parties;

4. the issuing of incorrect tax documents due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion.

Under no circumstances will the Owner be held liable for a sum greater than double the cost paid by the User.

14. Major force

The Data Controller cannot be held responsible for failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as , by way of example and not exhaustively, failures or interruptions to telephone or electricity lines, the internet network and/or other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of third-party products, services or applications.

The fulfillment of the obligations by the Owner will be considered suspended for the period in which force majeure events occur.

The Data Controller will carry out any action in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

15. Links to third party sites

The Site may contain links to third-party sites. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites.

Some of these links may refer to third-party sites that provide services through the Site. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner does not assume any responsibility.

16. Give up

No waiver by either party of any provision of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.

17. Invalidity of individual clauses

If any provision of these Conditions is illegal or invalid, it will not be considered part of the Conditions and this will not affect the remaining provisions which will continue to be valid to the maximum extent permitted by law.

18. Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page

19. Applicable law and competent court

These Conditions and all disputes regarding their execution, interpretation and validity are subject to Italian law and the exclusive jurisdiction of the court of the place where the Owner is based.

If the User is a consumer pursuant to art. 3 of the Consumer Code, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer himself, if located in the territory of the Italian State, without prejudice to the right for the User - consumer to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in the articles. 18, 19 and 20 of the civil procedural code.

20. Online dispute resolution for consumers

The Consumer resident in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve non-judicial disputes relating to and/or deriving from contracts for the sale of goods and services stipulated online. Consequently, the Consumer can use this platform to resolve any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/

Last updated 03/30/2022