RULES AND REGULATIONS

Rules and regulations of MEDIA DISTRIBUTION WORLDWIDE LTD. online shop

INFORMATION ABOUT THE COMPANY:

Online shop operating at www.uniquearthouse.com is run by company MEDIA DISTRIBUTION WORLDWIDE LTD. with principal office in COVENTRY, 2 Sheriffs Orchard, CV1 3PP, United Kingdom entered in the commercial entity register kept by the Companies Houseunder Company no. 6643323. E-mail: contact@uniquearthouse.com, tel. no. +34 662 910 064.

PRICES

  1. All prices given on the www.uniquearthouse.com online shop website are expressed in Euro (EUR).

ORDERS

  1. Customers of www.uniquearthouse.com online shop are entitled to:

    1. place orders (purchase offers) for commodities available at the www.uniquearthouse.com online shop and conclude distance sales contracts.

    2. obtain information about commodities and services available at the online shop.

  2. No information pertaining to commodities, incl. in particular catalogues, folders, brochures, other information or promotional materials, as well as information contained on the www.uniquearthouse.com website and addressed by MEDIA DISTRIBUTION WORLDWIDE LTD. to recipients and potential customers constitutes an offer as provided by law, and solely constitutes an invitation to enter into negotiations.

  3. The online shop accepts orders via www.uniquearthouse.com website. The sequence of order processing follows this of their submission.

  4. Submission of an order is not tantamount with its acceptance.

  5. A notice to the ordering party of granting the consignment the “despatched” status is deemed the time of order acceptance, whereas when transfer-prepayment or electronic payment option is chosen, effecting payment to the account indicated by the seller is deemed the time of concluding the contract.

DELIVERY

  1. Commodities ordered at www.uniquearthouse.com online shop are delivered by one of the available carrier companies selected at the time of submitting the purchase offer.

  2. Consignment reception time includes:

    1. order execution time (form of payment, parcel packing)

    2. delivery time dependent on the delivery method selected.

  3. Each product available in the shop is appended with information on the expected time of delivery.

  4. Unless determined otherwise, MEDIA DISTRIBUTION WORLDWIDE LTD. releases the commodities not later than thirty days as at the day of concluding the contract (acceptance of offer by MEDIA DISTRIBUTION WORLDWIDE LTD. ).

  5. Upon receiving the consignment the customer should carefully inspect the packaging and its contents. Should any loss or damage be discerned, the customer should take all necessary measures to determine responsibility of the carrier company. If damage is discerned, MEDIA DISTRIBUTION WORLDWIDE LTD. recommends making out a proof of loss.

PAYMENT METHODS

  1. Payment for the commodities can be effected by the customer:

    1. Prior to release of the commodities to the customer:

      • by money transfer to the bank account,

      • by credit card.

      • by PayPal

  2. In consultation with the customer, MEDIA DISTRIBUTION WORLDWIDE LTD. may determine other, particular conditions and forms of payment. In such case, conditions and forms of payment indicated in the order approved by MEDIA DISTRIBUTION WORLDWIDE LTD. as accepted for execution and for meeting all additional requirements associated with the agreed conditions or form of payment are binding.

  3. Should the transfer or credit card method of payment be adopted, the Customer should make the payment without any delay.

RETURN OF COMMODITIES BY CONSUMER

  1. A consumer who has concluded a distance or off-premises contract, is entitled to rescind it within 14 days for convenience and free of charge, except for charges set out in Art. 33, Art. 34 par. 2 and Art. 35 of the Consumer Rights Act of 30 May 2014 (Journal of Legislation 2014.827). The consumer may rescind the contract by submitting a relevant written statement on the form whose specimen constitutes appendix 2 to the said Act.

  2. Sending the statement prior to the expiry of the period is sufficient for the deadline to be deemed met.

  3. The period within which the contract can be rescinded commences on the day of delivery of the commodities to the customer by the carrier company, or, in the case of collecting the commodities in person, on the day of collecting the commodities from the office of MEDIA DISTRIBUTION WORLDWIDE LTD. or such other location as will be previously agreed with the customer.

  4. Commodities should be returned to the seller without any delay, not later, however, than within 14 days as at the day of rescinding the contract.

  5. The cost of return of the commodities is paid by the consumer. MEDIA DISTRIBUTION WORLDWIDE LTD. does not reimburse the consumer for any additional despatch cost, i.e. other than the cheapest ordinary method of delivery offered by MEDIA DISTRIBUTION WORLDWIDE LTD.

  6. Should the consumer execute the right to rescind the contract upon notifying the seller of such demand in accordance with Art. 15 par. 3 and Art. 21 par. 2 of the abovementioned Consumer Rights Act of 30 May 2014 (Journal of Legislation 2014.827), he/she is obliged to pay for the services provided prior to the time of rescinding the contract.

  7. The right to rescind the distance or off-premises contract does not appertain to the consumer in situations set out in Art. 38 of the Consumer Rights Act of 30 May 2014 (Journal of Legislation 2014.827), incl. with regard to contracts:

    1. for provision of services, if the contractor has fully performed the service by express consent of the consumer who was notified prior to commencement of the service that upon its completion by the contractor he/she will forfeit the right to rescind the contract;

    2. whose object of performance is a non-prefabricated commodity, commodity manufactured to the consumer’s specification or commodity intended to meet his/her individualized needs;

    3. whose object of performance is a perishable commodity, or one of short durability;

    4. whose object of performance is a commodity delivered in a sealed package, which becomes non-returnable upon opening of the package due to health protection or hygienic considerations, if the package was opened after delivery;

    5. whose object of performance are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;

    6. for provision of digital content, which is not recorded on a material carrier, if provision of the service commenced by express consent of the consumer prior to the expiry of the contract rescission period, and upon notifying him/her by the contractor of the forfeit of the right to rescind the contract.

  8. MEDIA DISTRIBUTION WORLDWIDE LTD. does not pursue substitute commodity policy.

  9. MEDIA DISTRIBUTION WORLDWIDE LTD. – return of commodities

    Els Poblets, Partida Xironets 1-9, par. 9, Alicante, Spain

    Tel. +34 662 910 064

    Monday through Friday, 9:00 a.m. – 5:00 p.m.

    e-mail: contact@uniquearthouse.com

QUALITY GUARANTEE

  1. Proof of purchase of the Product issued by the Seller must be kept and appended in case of complaints concerning commodities under the guarantee issued by MEDIA DISTRIBUTION WORLDWIDE LTD.

  2. The present quality guarantee is applicable to commodities purchased subject to sales contracts concluded between company MEDIA DISTRIBUTION WORLDWIDE LTD.

  3. MEDIA DISTRIBUTION WORLDWIDE LTD. grants the Customer a quality and genuineness guarantee on products manufactured individually by artists, in accordance with the type of materials used and technique of product execution employed.

  4. The Customer’s rights arising from the guarantee issued are automatically terminated if any alterations, modifications, additions to or replacements of commodities or any parts thereof are performed by the Customer or an entity other than MEDIA DISTRIBUTION WORLDWIDE LTD. ; if the commodities are used in a manner inconsistent with their intended purpose and indications from MEDIA DISTRIBUTION WORLDWIDE LTD. , as well as when damages to or defects of commodities originated in effect of harmful radiation, mechanical damage, or removal of holograms.

  5. Reporting commodities’ defect by the Customer and instituting the complaint procedure takes effect as at the time of receiving by MEDIA DISTRIBUTION WORLDWIDE LTD. the Customer’s statement of reporting the commodities’ defect, as well as the defective commodities. The reported defect is subject to verification by MEDIA DISTRIBUTION WORLDWIDE LTD. , which will determine whether the defect occurred due to customer’s fault. At the latest, MEDIA DISTRIBUTION WORLDWIDE LTD. processes complaints within 14 working days as at the date of their submission. Should the defective commodities be sent for renovation, the guarantee claim processing period may be extended to 28 working days.

  6. Commodity delivery method for guarantee repairs:
    A retail customer of the online shop is obliged to send the commodity at the cost of MEDIA DISTRIBUTION WORLDWIDE LTD. to the address previously indicated using the cheapest delivery option of PocztaPolska [Polish Post].

  7. In the course of complaint legitimacy examination procedure and inspection of the defective commodities or a part thereof, should MEDIA DISTRIBUTION WORLDWIDE LTD. determine that the conditions of the guarantee issued have been breached, in particular, the commodities or parts thereof have been modified in the scope of their physical or legal properties, MEDIA DISTRIBUTION WORLDWIDE LTD. shall notify the Customer thereof, and return the defective commodities to the Customer at his/her cost and risk, and the Customer is obliged to reimburse the cost paid by MEDIA DISTRIBUTION WORLDWIDE LTD.

  8. For the duration of the complaint procedure, MEDIA DISTRIBUTION WORLDWIDE LTD. is not obliged to provide the Customer with substitute commodities.

  9. The Customer should deliver the defective commodities to MEDIA DISTRIBUTION WORLDWIDE LTD. in the original packaging, in which the commodities were collected by the Customer, incl. all components delivered to the Customer. The Customer may deliver the defective commodities in substitute packaging which will assure adequate level of the commodities’ protection during transportation.

  10. Guarantee on consumer commodities sold does not exclude, limit or suspend the buyer’s rights with regard to the seller of consumer commodities arising pursuant to the implied warranty for defects of commodity sold.

  11. MEDIA DISTRIBUTION WORLDWIDE LTD. – COMPLAINTS

    ElsPoblets, PartidaXironets 1-9, par. 9, Alicante, Spain

    Tel. +34 662 910 064

    Monday through Friday, 9:00 a.m. – 5:00 p.m.

    e-mail: contact@uniquearthouse.com

COMPLAINT PROCEDURE

  1. Should the commodities purchased be defective, the cost of return delivery is paid by MEDIA DISTRIBUTION WORLDWIDE LTD. The commodity’s reported defect is subject to verification by MEDIA DISTRIBUTION WORLDWIDE LTD. which will determine whether the commodity’s defect existed at the time of its release.

  2. Return delivery of the commodities under the complaint is unconditional;

  3. The Customer sends information about the commodities’ return delivery at the e-mail address contact@uniquearthouse.com. The Customer shall be notified by e-mail as to what address the commodities should be dispatched.

  4. The commodities should be contained in the original packaging to make safe transportation possible.

  5. Use of substitute packaging is permissible provided this assures adequate protection during transportation.

  6. A proof of concluding the contract (e.g. a photocopy of sales document) should be appended to the commodities under complaint. Should the proof be missing, MEDIA DISTRIBUTION WORLDWIDE LTD. shall process the complaint when sale of the commodities is confirmed by MEDIA DISTRIBUTION WORLDWIDE LTD.

  7. Return delivery method of commodities under guarantee:

    Return delivery of the commodities is free of charge; the customer should send the commodity at the cost of MEDIA DISTRIBUTION WORLDWIDE LTD. to the address previously indicated using the cheapest delivery option of DHL.

  8. Should the commodities remain uncollected upon completion of the complaint procedure, MEDIA DISTRIBUTION WORLDWIDE LTD. is entitled to apply charges for non-contractual storage of the commodities.

FINAL PROVISIONS

  1. In contacts with the customer, MEDIA DISTRIBUTION WORLDWIDE LTD. employs long-distance communication devices (incl. e-mail, telephone).

  2. MEDIA DISTRIBUTION WORLDWIDE LTD. has the right to entrust execution of the order to a third party (as sub-contractor).

  3. MEDIA DISTRIBUTION WORLDWIDE LTD. is liable for defects of the commodities. Relevant regulations of the Civil Code apply.

  4. MEDIA DISTRIBUTION WORLDWIDE LTD. informs customers about out-of-court methods of processing complaints and seeking compensation. Availability of these procedures is subject to separate regulations (e.g. the Commercial Inspection Act of 15 December 2000, Journal of Legislation 2001.4.25 with subsequent amendments).

  5. The seller disclaims implied warranty with regard to non-consumer commodities.

  6. Pursuant to Art. 30 par. 3 of the Consumer Rights Act of 30 May 2014 (Journal of Legislation 2014.827), MEDIA DISTRIBUTION WORLDWIDE LTD. does not accept submission of contract rescission declarations via electronic way.

  7. In accordance with Art. 8, par. 3, subpar. 2, point b of Provision of Electronic Services Act of 18 July 2002 (Journal of Legislation 2002.144.1204 with subsequent amendments), we inform that placement by the customer of any information of illegal character or information which contravenes the accepted principles of morality on our shop website is forbidden.

  8. Use of uniquearthouse.com online shop requires the IT system used by the customer to meet the following minimum technical requirements:

    1. Internet Explorer 10.0 or newer with enabled ActiveX, Java applets, JavaScript, and cookies, or

    2. Mozilla Firefox 34.0 or newer with enabled Java applets, JavaScript and cookies

    3. minimum screen definition of 1024 x 768 pixels

  9. The current version of the Rules and Regulations is available on www.uniquearthouse.com website.

  10. The Rules and Regulations of MEDIA DISTRIBUTION WORLDWIDE LTD. online shop do not exclude, limit nor suspend the customers’ rights set forth in the Civil Code Act of 23 April 1964 (Journal of Legislation 1964.16.93 with subsequent amendments) and in the Consumer Rights Act of 30 May 2014 (Journal of Legislation 2014.827).

INFORMATION ON EXERCISING THE RIGHT TO RESCIND CONTRACT

SPECIMEN OF CONTRACT RESCISSION INSTRUCTION

The right to rescind the contract

You are entitled to rescind the current contract within 14 days for convenience.

The contract rescission period expires 14 days after the date.

To exercise the contract rescission right you are obliged to notify us about your decision to rescind the present contract by means of an unequivocal statement (e.g. a letter sent by post, fax or electronic mail).

For the purpose you may use the specimen of contract rescission form, which, however, is not mandatory.

To meet the contract rescission deadline, it is sufficient if you notify us about exercising the appertaining right to rescind the contract prior to the expiry of the contract rescission period.

Effects of contract rescission

Should you rescind the present contract, we shall promptly return to you all payments received from you, incl. the commodity delivery charge (except extra charges if you choose a delivery method other than the cheapest ordinary method of delivery offered by us), and in any case not later than 14 days as at the date we were notified about your decision to exercise the right to rescind the present contract. Unless you expressly agreed otherwise, the return payment shall employ the same payment method as this employed in the original transaction; in any case, the return payment shall not entail any charges for you.

INSTRUCTIONS FOR COMPLETION:

  1. Please enter one of the following fragments of text given in inverted commas:

    in the case of contracts for provision of services, or contracts for supply of water, gas, or electrical energy, if these are not supplied in limited volumes or in predetermined quantities, or contracts to supply thermal energy or digital content, which is not supplied on a material carrier: “of concluding the contract.”;

    in the case of contract which requires that commodity ownership be transferred (e.g. sales contract, delivery contract or specific task contract, which task constitutes a movable commodity): “when you assumed ownership of the commodity, or when a third party indicated by you and other than the carrier company assumed ownership of the commodity.”;

    in the case of contract which requires that ownership of several commodities which are supplied separately be transferred: “when you assumed ownership of the last commodity, or when a third party indicated by you and other than the carrier company assumed ownership of the last commodity.”;

    in the case of contract which requires that ownership of commodities supplied in batches or in parts be transferred: “when you assumed ownership of the last batch or part, or when a third party indicated by you and other than the carrier company assumed ownership of the last batch or part.”;

    in the case of contracts for regular supply of commodities for a definite period of time: “when you assumed ownership of the first commodity, or when a third party indicated by you and other than the carrier company assumed ownership of the first commodity”.

  2. Please enter your name, full postal address, and, if available, your telephone and fax numbers, as well as your e-mail address.

  3. If you make it possible for the consumer to fill out and send contract rescission notice by electronic mail on your website, please enter the following: “You can also fill out and send the contract rescission form or any other unequivocal statement by electronic mail on our website [please enter website address]. Should you make use of this possibility, we shall promptly provide you with confirmation of receiving the notice of contract rescission on permanent data carrier (e.g. by email).”.

  4. In the case of contract which requires that ownership of commodities be transferred, with regard to which you did not offer to collect the commodities if the contract is rescinded, please enter the following: “We can postpone the return payment until the commodity has been returned, or until we have been submitted a proof of the commodity’s return, whichever occurs earlier.”.
  5. If the consumer has received the commodities pursuant to the contract:

    1. please enter:

      – “We shall collect the commodity”; or

      – “Please promptly send back or otherwise return the commodity to us, or to… [if applicable, enter the name and full postal address of the person you have authorised to notified us about rescinding the present contract. The deadline is deemed met if you send back the commodity prior to the expiry of a period of 14 days.”;

    2. please enter:

      – “We pay the cost of returning the commodity.”;

      – “You will have to pay the immediate cost of returning the commodity.”;

      – In the case of distance contract, if you do not offer to pay the cost of the commodity’s return, and, owing to the character of the commodity, it cannot be returned by regular post: ” You will have to pay the immediate cost of returning the commodities: 10 EUR [please enter the amount]”; or, if the cost of returning the commodities cannot be reasonably calculated in advance: “You will have to pay the immediate cost of returning the commodities. The maximum amount of the said charge is estimated at ca. 10EUR [please enter the amount].”; or

      – In the case of off-premises contracts, if the character of the commodity determines that it cannot be returned by regular post, while it was delivered to the consumer’s place of residence at the time of concluding the contract: “We shall collect the commodity at our expense”; and

    3. please enter: “You are only responsible for decreasing the value of the commodity which stems from using it in a manner different to this necessary to discern the character, qualities and operation of the commodity.”.

  6. In the case of contracts for provision of services, or contracts for supply of water, gas, or electrical energy, if these are not supplied in limited volumes or in predetermined quantities, or contracts to supply thermal energy, please enter as follows: “Should you have required provision of services or supply of water/gas/electrical energy/thermal energy [delete as appropriate] to commence prior to the expiry of the contract rescission period, you will be required to pay us the amount in proportion to the range of services provided up to the time when you notified us about rescinding the present contract.”.

CONTRACT RESCISSION FORM – SPECIMEN

(form to be filled out and returned only if rescission of contract is intended)

– Addressee [here the contractor should enter the contractor’s name, full postal address, and, if available, fax number and e-mail address]

– I/We(*) hereby inform (*) about rescinding the contract for sale of the following commodities (*) contract for delivery of the following commodities (*) specific task contract consisting in the performance of the following commodities (*)/ contract for providing the following service (*)

– Contract conclusion(*)/collection(*)date

– Consumer(s’) name and surname

– Consumer(s’) address

– Consumer(s’) signature (only if form is sent in hard copy)

– Date