1. TERMS AND CONDITIONSTERMS AND CONDITIONS OF THE MAGIC OF Y ONLINE STORE

    1. GENERAL PROVISIONS

    2. ELECTRONIC SERVICES IN THE ONLINE STORE

    3. TERMS OF CONCLUDING SALES AGREEMENTS

    4. METHODS OF PAYMENT

    5. COST, PERIOD AND METHODS OF DELIVERY

    6. CANCELLATION OF THE AGREEMENT FOR THE PROVISION OF ELECTRONIC SERVICES

    7. COMPLAINT PROCEDURE

    8. RIGHT TO WITHDRAW FROM THE AGREEMENT

    9. PROVISIONS REGARDING ENTREPRENEURS

    10. FINAL PROVISIONS

    1. GENERAL PROVISIONS

    1.1 The online store available at www.shop.magicofy.com run by Magic of Y SP. z o.o. based in Poland, Warsaw (00-373), 28/24 Nowy Świat, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, 12th Economic Department of the National Council of the Judiciary, KRS number 0000704394, with the share capital in the amount of 5,000.00 zł, identified by Tax ID (NIP) 5252729602 and REGON 368773292 numbers, represented by: Krzysztof Dobrowolski – an Executive Board member, e-mail address sklep@magicofy.com.

    1.2. The following Terms and Conditions are intended for consumers, as well as entrepreneurs who use the Online Store (excluding section 9 of the Terms and Conditions which applies exclusively to businesses). The provisions of the following Terms and Conditions are not intended to exclude or limit any consumer rights granted by mandatory provisions of law – any possible doubts shall be interpreted in favour of the consumer. In the case of a conflict between the following Terms and Conditions and the provisions mentioned above, the latter provisions shall apply.

    The administrator of personal data processed in connection with the implementation of the provisions of the following Terms and Conditions is the Service Provider. Personal data is processed for the purposes, in the range of and based on the principles outlined in the privacy policy published on the websites of the online store. Providing personal data is voluntary. Any person whose personal data is processed by the Service Provider has the right to inspect the information and the right to update and correct it.

    1.4. Terms

    1.4.1 WORKDAY – one day from Monday to Friday, excluding public holidays in Poland.

    1.4.2. ORDER FORM – Electronic Service, an interactive form available in the Online Store allowing the Order submission, in particular by adding Products to the electronic cart and determining the conditions of the Sales Agreement, including payment and delivery method.

    1.4.3 CLIENT – a natural person with full legal capacity and, in cases provided for by generally applicable regulations, also a person with limited legal capacity; a legal person or an organizational unit without legal personality whom the law grants legal capacity, which concluded or intends to conclude a Sales Agreement with the Seller.

    1.4.4 CIVIL CODE – Civil Code Act of April 23, 1964 (Dz.U. [Journal of Laws] No 16, item 93 as amended).

    1.4.5. PRODUCT – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.

    1.4.6 TERMS AND CONDITIONS – the following Terms and Conditions of the Online Store.

    1.4.7 ONLINE STORE – the Online Store of the Service Provider available at www.shop.magicofy.com

    1.4.8 SELLER; SERVICE PROVIDER – Magic of Y SP. z o.o. based in Warsaw (00-373) 28/24 Nowy Świat, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, 12th Economic Department of the National Council of the Judiciary, KRS number 0000704394, with the share capital in the amount of 5,000.00 zł, identified by Tax ID (NIP) 5252729602 and REGON 368773292 numbers, represented by: Krzysztof Dobrowolski – an Executive Board member, e-mail address sklep@magicofy.com

    1.4.9. SALES AGREEMENT – a Product sales contract concluded or to be concluded between the Customer and the Seller via the Online Store.

    1.4.10. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Store.

    1.4.11 CLIENT – a natural person with full legal capacity and, in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality whom the law grants legal capacity, using or intending to use the Electronic Service.

    1.4.12. ORDER – a declaration of Customer’s will expressed by the submission of the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.

    2. ELECTRONIC SERVICES IN THE ONLINE STORE

    2.1 The Online Store provides the following Electronic Services: Order Form

    2.1.1 Order Form – use of the Order Form begins upon addition by the Customer of the first Product to the electronic shopping cart in the Online Store. Placement of an Order is effected after the Customer performs a total of two subsequent steps: – (1) fills out the Order Form and (2) clicks the “Confirm Purchase” button – to that point there is a possibility of individual modification of the entered data (to do so, follow the displayed instructions and information available at the Online Store’s website). It is necessary to provide the following information in the Order Form: first and last name/company name, address (street, house / apartment number, postal code, city, country), email address, contact phone number, Product/s, Product/s quantity, address and methods of Product/s delivery, and method of payment. In case of non-consumer Customers it is also necessary to provide the company name and tax identification number.

    2.2 The Electronic Services are provided free of charge.

    2.2.1 The Order Form is a single-use service and is concluded upon placement of an Order via the Form.

    2.3 Technical requirements necessary to work with the ICT system used by the Service Provider:

    2.3.1 Computer, laptop or other multi-media device with Internet access.

    2.3.2 e-mail access.

    2.3.3 Web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0 and higher.

    2.3.4 Recommended screen resolution: 1024 X 768.

    2.3.5 Enabled option to save Cookie files and Javascript support in the Internet browser.

    3. TERMS OF CONCLUDING SALES AGREEMENTS

    3.1Classifieds, advertisements, price lists and other information about the products listed on the websites of the Online Store, in particular, their descriptions, technical and perfomance specifications, and prices constitute an invitation to conclude a contract, within the meaning of article 71 of the Polish Civil Code.

    3.2 Product Price displayed in the Online Store is given in Polish zlotys and contains all the components, including VAT and duties. Prices do not include, however, any costs of delivery and payment. These are displayed in the course of the Order placement.

    3.3 Product Price presented in the Online Store is binding at the moment of the Order placement by the Customer. This price will not change regardless of the price changes in the Online Store, which may occur in relation to each of the Products after the Order placement by the Customer.

    3.4 Procedure of Sales Agreement conclusion via the Order Form.

    3.4.1 In order to conclude the Sales Agreement, a prior submission of the Order by the Client is necessary.

    3.4.2 After the Order placement, the Seller shall immediately confirm its receipt, which binds the Customer with their Order and simultaneously accepts the Order for execution. Receipt confirmation of the Order and its acceptance for execution is effected by sending an appropriate message to the email address specified during the Order placement by the Customer, which includes at least the confirmation of all the essential elements of the Order, the Seller’s statement regarding receipt of the Order and its acceptance for execution. Upon the Customer’s receipt of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

    3.5. Recording, securing and provision of contents of the concluded Sales Agreement to the Customer occurs though (1) providing access to these Terms and Conditions on the Online Store web page, and (2) sending the Customer an e-mail mentioned in section 3.4.2, and also by (3) attachment of the proof of purchase and specifications of the concluded Sales Agreement to the shipped parcels. The content of the Sales Agreement is additionally recorded and protected within the Seller’s Online Store ICT system.

    4. METHODS OF PAYMENT

    4.1. The seller provides the following payment methods:

    4.1.1 Electronic payments and card payments via the PayPal service – current methods of payment are specified in the Online Store website in the “Payment Methods” tab and on http://www.paypal.com website.

    4.1.1.1 Settlements of electronic and credit card payments are carried out in accordance with the Customer’s choice via the PayPal service.

    4.1.1.2. Electronic payments and credit card payments are handled by:

    PayPal (Europe) S.à rl et Cie, S.C.A. (registered in R.C.S. Luxembourg number B 118 349), with its official registered office in Luxembourg, L-2449, has a valid license as Luxembourg credit institution within the meaning of Article 2 of the Financial Sector Act of April 5, 1993 (as amended), hereinafter referred to as the “Act”, and is subject to the strict supervision of the Luxembourg Control Body, the Commission de Surveillance du Secteur Financier (Financial Services Supervision Commission).

    4.2.4 Electronic payments and card payments via the PayU.pl service – current methods of payment are specified in the Online Store website in the “Payment Methods” tab and on http://www.payu.pl website.

    4.2.4.1 Settlements of electronic and credit card payments are carried out in accordance with the Customer’s choice via the PayU.pl service.

    4.2.4.2. Electronic payments and credit card payments are handled by:

    PayU.pl – PayU SA company with its registered office in Poznań (registered office address: Grunwaldzka 182, 60-166 Poznań, Poland), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 4,000,000 paid in full, Tax ID (NIP): 779-23-08-495

    5. COST, PERIOD AND METHODS OF DELIVERY

    5.1 The Seller provides the following Product delivery or collection methods:

    5.1.1 Postal delivery.

    5.1.2 Courier delivery.

    5.2 Delivery of products is available on the territory of the Republic of Poland and abroad.

    5.3 Potential delivery costs are indicated during the Order placement. They depend on the shipping and payment method selected by the Customer. Delivery costs are also listed on the Online Store website in the “shipment costs” tab.

    5.4 Delivery time of the Product to the Customer is up to 5 Buisness Days, unless a shorter period was stated in the description of the Product or during the Order placement. This period should be counted as follows:

    5.4.1 If the Client chose a bank transfer payment method, electronic payment or credit card payment – from the day on which the bank account or settelment account of the Seller is credited.

    6. CANCELLATION OF THE AGREEMENT FOR THE PROVISION OF ELECTRONIC SERVICES

    6.1 The Service Provider and the Customer may terminate the agreement for the provision of Electronic Services at any time by agreement between the parties.

    6.2 Termination of the contract for the provision of Electronic Services:

    6.2.1 A continuous agreement for the provision of Electronic Services of indefinite duration may be subject to termination (e.g. Newsletter).

    6.2.2 The Customer may terminate the agreement for the provision of Electronic Services without specifying the reasons by sending an appropriate declaration, in particular, via e-mail to the following address: sklep@magicofy.com, or in writing to the following address: Magic of Y SP. z o.o. 28/24 Nowy Świat, 00-373, Warsaw, Poland. In such case, the agreement expires after 7 days from the date of its termination notice submission (the notice period), unless the parties agree on a shorter period of notice.

    6.2.3 In the case of consumer Customers, the Service Provider may terminate the agreement for the provision of Electronic Services, when the Customer objectively grossly or persistently infringes the Terms and Conditions, in particular, when the Customer provides content which is illegal in nature, after at least one unsuccessful order to cease or remove violations with the determination of an appropriate deadline. Violation of Terms and Conditions must be objective and unlawful in nature. The agreement for the provision of Electronic Services in this case will expire after 14 days from the date of the Customer’s Service Provider’s termination notice submission (termination notice period).

    6.2.4. In the case of non-consumer Customers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending an appropriate statement to the Customer.

    7. COMPLAINT PROCEDURE

    7.1 Complaints for non-compliance of the Product with the Sales Agreement:

    7.1.1. The basis and extent of the Seller’s liability to the natural person Customer, who purchases the Product for purposes not related with professional or commercial activity, due to the Product’s non-compliance with the Sales Agreement is defined, in particular, by the Act on Specific Terms and Conditions of Consumer Sale and amendments to the Civil Code of July 27, 2002 (Dz.U. [Journal of Laws] No. 141, item 1176, as amended).

    7.1.2 A notice of non-compliance of the product with the Sales Agreement and appropriate requests can be made, in particular, via e-mail: sklep@magicofy.com or by sending a letter to the following address: Magic of Y SP. z o.o. 28/24 Nowy Świat, 00-373, Warsaw, Poland. Whenever it is possible and necessary to assess the non-compliance of the Product with the agreement, the item should also be delivered to the address above.

    7.1.3 The Seller will answer the Customer’s requests immediately, not later than within 14 days. The answer to the complaint is sent to the address specified by the Customer, unless the Customer specifies otherwise.

    7.1.4 In the case of products additionaly covered by the warranty, the Seller informs that the warranty for the sold consumer product does not exclude, limit or suspend the rights of the buyer resulting from the non-compliance of the product with the agreement.

    7.2 Complaints connected with the provision of Electronic Services by the Service Provider and other complaints related to the Online Store:

    7.2.1 Complaints related to the provision of Electronic Services via the Online Store and other complaints related to the operation of the Online Store may be submitted, in particular, via email to the following address: sklep@magicofy.com or in writing to the following address: Magic of Y SP. z o.o. 28/24 Nowy Świat, 00-373, Warsaw, Poland.

    7.2.2 It is recommended to enter as much information and circumstances relating to the subject of the complaint in the complaint’s description as possible, in particular the type and date of occurrence of the defect and contact information – this will facilitate and expedite the consideration of the complaint by the Service Provider.

    7.2.3 The consideration of the complaint by the Service Provider shall take place immediately, not later than within 14 days.

    7.2.4 The Service Provider’s answer to the complaint is sent to the address specified by the Customer, unless the Customer specifies otherwise.

    8. RIGHT TO WITHDRAW FROM THE AGREEMENT

    8.1 A consumer Customer/Client, who entered into an agreement remotely, may within 14 calendar days withdraw from said agreement without stating a cause, by submitting an appropriate statement in writing within fourteen days. To comply with this time limit it is sufficient to send a return declaration before the period expires. Declaration can be sent, in particular, via e-mail: sklep@magicofy.com or by letter to the following address: Magic of Y SP. z o.o. 28/24 Nowy Świat, 00-373, Warsaw, Poland.

    8.2 In the event of withdrawal from the agreement, the agreement is deemed null and void, and the consumer is released from any obligations. The services rendered by the parties shall be returned in their unchanged form unless the change was necessary within the limits of ordinary management. The return should take place immediately, not later than within 14 days. If the consumer has made any prepayments, statutory interest from the date of prepayment is due.

    8.3 The Service Provider/Seller will make a refund to the consumer’s bank account number, unless the consumer indicates otherwise.

    8.4 The 14-day period, in which the consumer can withdraw from the agreement, is counted in the case of the Sales Agreement from the Product issue date, and where the agreement concerns the provision of Electronic Services from the date of its conclusion.

    8.5 Consumers are not entitled to the right of withdrawal from the remotely concluded agreement in the cases of: (1) the provision of services commenced, at the clear request of the consumer, before the agreement withdrawal deadline referred to above in sections 8.1 and 8.4; (2) agreements relating to the provision of audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened upon delivery by the consumer; (3) agreements in which the price or remuneration depends on fluctuations on the financial market; (4) the provision of services of nature specified by the consumer in his order or closely associated with his person; (5) provision of services, which cannot be returned due to their nature or if their subject-matter is highly perishable; (6) the provision of press distibution; (7) the provision of gambling services.

    9. PROVISIONS REGARDING ENTREPRENEURS

    9.1. This section of the Terms and Conditions and provisions contained herein relate exclusively to the non-consumer Customers.

    9.2. In the case of non-consumer Customers, the Seller has the right to limit the available methods of payment, as well as require the issue of a prepayment in full or in part, regardless of the method of payment selected by the Customer and the fact of concluding a Sales Agreement

    9.3 The non-consumer Customer is obliged to perform his obligations under the Sales Agreement (in particular to pay the price and receive the Product) immediately, no later than within 7 days from the date of its conclusion, unless the Sales Agreement states otherwise.

    9.4 Products that are the subject of the Sales Agreement concluded with the non-consumer Customer shall remain the property of the Seller untill the payment of the price and delivery costs arising from the Sales Agreement.

    9.5. Upon the Seller’s release of a Product to the carrier, the benefits and burdens associated with the goods and risk of any loss or damage to the Products as a result of accidents are transferred to the non-consumer Customer. In such a case the Seller is not responsible for the full or partial loss, or damage to a Product which may occur between the Product’s release for transport and delivery to the Customer, nor for any delays in transport.

    9.6. In the case of a Product being delivered to a Customer via a carrier, the non-consumer Customer is obliged to inspect the parcel within a time and in a manner generally accepted for such deliveries. If it is determined that loss or damage of the Product occurred during transport, the Customer is obliged to perform all actions necessary to determine the responsibility of the carrier.

    10. FINAL PROVISIONS

    10.1 Agreements concluded through the Online Store shall be drawn up in accordance with Polish legislation and in Polish language.

    10.2 Amendment of Terms and Conditions

    10.2.1. The Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; change in methods of payment and delivery – in a scope, in which such changes influence the execution of provisions of these Terms and Conditions.

    10.2.2 The amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 of the Polish Civil Code are met, i.e. The Service User has been properly notified of the amendments and has not terminated the continuous agreement for the provision of Electronic Services within 14 calendar days from the notification date.

    10.2.3 Amendments to the Terms and Conditions shall in no way affect the rights acquired by consumer Customers using the Online Store before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, in progress or performed Sales Agreements.

    10.2.4 In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the consumer Customer is entitled to withdraw from the agreement.

    10.3 In matters not regulated in these Terms and Conditions, the following regulations of Polish law shall apply: The Polish Civil Code; The Act of 18 July, 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204. as amended); Act of March 2, 2000 on the Protection of Certain Consumer Rights and on the Liability for Damage Caused by a Dangerous Product (Journal of Laws No. 22, item 271, as amended); Act of July 27, 2002 on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws No. 141, item 1176, as amended) and other relevant provisions of the Polish law.

    10.4 Disputes arising between the Service Provider/Seller, and consumer Customer/Client, shall be subjected to the competent courts. Disputes arising between the Service Provider/Seller, and non-consumer Customer/Client shall be subjected to the competent court having jurisdiction over Service Provider’s/Seller’s seat.

    APPENDICES TO THE TERMS AND CONDITIONS

    Appendix 1. Complaints and returns

    Appendix 2. Privacy Policy