Terms and conditions

The text is translated automatically. The document by reference has an advantage: https://magiccafe.eu/pl/regulamin/

Definitions
The terms used in the Regulations have the following meaning:
1.1. Magic Cafe online store is run by Magic Cafe company, running business activity under the name Magic Cafe Benjamin Holtin, ul Torfowa 7, 30-384 Kraków, NIP 6751529201, REGON 363230836, registered in the Central Register and Information on Economic Activity (CEIDG), kept by the Minister competent for the economy.
1.2. Website – a website operated by Magic Cafe available at https://magiccafe.eu/ through which Magic Cafe conducts business activity, including in particular commercial information or offers and conducts sales and reservation of products.
1.3. Shop – a place in Krakow at ul Torfowej 7, in which the Customer has the opportunity to familiarize himself with the products before their purchase, as well as to purchase them on the terms that apply in stationary stores during opening hours. Information about opening hours can be found in the “Contact” tab available on the website.
1.4. Customer – any person or entity who visits the Site or places orders through the Site. In the case of placing an order by the Customer, they are divided into 3 categories:
1.4.1. Consumer – any natural person who is a consumer within the meaning of Article 22(1) of the Act of 23 April 1964 – Civil Code.
1.4.2. JDG – a natural person conducting business activity, who makes a purchase directly related to its activity, but not having a professional character for it within the meaning of the Act of 31 July 2019 amending certain acts in order to reduce regulatory burdens.

1.4.3. Others – any person or entity not complying with 1.4.1. and 1.4.2. These are, in particular, companies making orders of a professional nature and commercial law companies. Unless stated otherwise in the section of the Terms and conditions, it applies to all customers. Otherwise, it applies only to the indicated or indicated categories of customers.
1.5. Product – item sold by Magic Cafe through the website. In particular, card games, various gadgets and accessories for such games, as well as tickets for cultural events organized by Magic Cafe.
1.5.1. Registration – a special type of product offered by Magic Cafe. It is an admission ticket to cultural events organized by Magic Cafe. A detailed description can be found in section 12 of these Rules.
1.6. Sale of the Product – sale of the Product by Magic Cafe to the Customer via the Website as a result of accepting the Customer’s order.
1.7. Order – order for Products placed by the Customer on the Website.
1.8. Account – a personalized subpage containing the profile and data of the Customer registered on the Website, which enables the Customer to use certain services of the Website.
1.9. Creating an Account – a one-time, optional act of the Customer, consisting in registering an Account, made using the form available on the Website.
1.10. Mail – a message sent by e-mail.
1.11. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

2. General provisions
2.1. The Terms and conditions define the rights and obligations of the Customer and Magic Cafe related to the use of the Website, the sale of products and the booking of products available on the Website.

2.2. The website is owned and operated by Magic Cafe.
2.3. Magic Cafe conducts through the website the sale of products, product reservation and other activities of informational, commercial or advertising character.
2.4. The basic means of communication with customers and communication conducted in connection with orders is mail. In addition, Magic Cafe can communicate with customers by phone.
2.5. Use of the Website means acceptance of the Terms and conditions by the Customer.
2.6. The Terms and conditions are an integral part of any agreement concluded through the Site between Magic Cafe and the Customer.

3. Creating an account in the store, the rules of using the account
3.1. Each Customer may use the Website and place orders using an individual account, which is created as a result of correct registration. The customer also has the opportunity to use the site without registering an account.
3.2. Using the Website using the Account allows access to a number of functionalities that are not available without the use of the Account, including in particular access to order history.
3.3. The Customer may register the Account on the Website by filling in the registration form on the Website.
3.4. After registration using the registration form, the Customer receives an e-mail from Magic Cafe confirming the registration of the account to the provided e-mail address.
3.5. The customer is obliged to protect the password to the account against its use by unauthorized persons. For safety. The customer can change their password at any time after logging into the account.
3.6. If the Customer does not remember the password, he can recover it through the password reminder option available in the login tab. After the Customer enters the appropriate e-mail address field assigned to the Account, the Customer will be sent an e-mail with instructions on how to reset the password.

3.7. The customer has the right to delete the account from the website at any time by sending an e-mail asking for the deletion of the account to the address magiccafekrakow@gmail.com . Magic Cafe undertakes to do this without undue delay. Magic Cafe has the right to confirm by phone or email that the person who wants to cancel the account is the Customer who owns the account to be canceled. Deleting an account is irreversible.

4. General rules for placing orders
4.1. If the Customer wants to buy a Product or Products, he can place an order after logging into the account or without using an account.
4.2. Detailed information about the products, in particular their description, technical and performance parameters and prices, are available on the website at individual products. Prices are given in Polish zloty (PLN) and include tax on goods and services (VAT).
4.3. In order to place an order, the Customer takes further technical steps based on the messages and instructions displayed on the website.
4.4. When placing an order, it is necessary for the Customer to provide data enabling the execution of the order by Magic Cafe, in particular certain personal data. If they are made available on the Account, they will be used to execute the order, unless the Customer indicates other data for the execution of a specific order.
4.5. Immediately before placing an order on the Customer’s end device, a summary of the order is displayed with an indication of the ordered products and their total price, as well as the method of delivery and delivery costs selected by the Customer and the method of payment.
4.6. The customer places the order by clicking on the “buy and pay” button.
4.7. Placing an order by the Customer means sending an offer by the Customer to Magic Cafe to conclude a Product Sales Agreement.
4.8. Immediately after placing the order, the Customer will receive an e-mail confirmation of receipt of the order by the Magic Cafe online store.

4.9. In the event that the order cannot be processed through Magic Cafe as a result of an error in the product’s inventory on the website, the Customer will be informed about it without undue delay.
4.9.1. If it is possible to bring the product within 14 days from the date of placing the order, the Customer will be informed of such possibility together with the exact time of additional waiting. The customer has the right not to accept the additional waiting time and to cancel the purchase of the missing product or cancel the entire order.
4.9.2. If the Product cannot be imported within the time specified in 4.9.1, the Customer will be informed of this and the order will be canceled due to the impossibility of its implementation or if it contains other Products will be completed without the missing Product or canceled in full depending on the Customer’s will.
4.9.3. In case of payment by the Customer before informing him by Magic Cafe about the inability to complete the order in full or cancel the order by the Customer, the payment for the missing Products or canceled order will be returned without undue delay after it is received by Magic Cafe. The payment will be returned in the same way as the payment was made, and in the event of the impossibility of such a solution to the bank account indicated by the Customer.
4.10. In the absence of payment for the order paid by bank transfer in accordance with 6.1. Within 7 days from the date of placing the order, the order can be canceled. The Customer will be notified by email of cancellation.

5. Pre-sale and custom-made products
5.1.the site offers customers the opportunity to order some products that have not yet had their premiere or are not available for current sale due to the exhaustion of their quantity in our stock.
5.2. Pre-sales offers are marked on the product photo with the date of release or availability of the product specified by the manufacturer or distributor of the product.

5.3. Orders containing pre-sale Products will be executed from the latest date of availability of the products from the order, among all pre-sale products included in the order.
5.3.1. It is possible to send parts of the products from the pre-order containing the pre-sales products in advance. The conditions should then be determined individually from Magic Cafe by e-mail at magiccafekrakow@gmail.com, giving the order number in the title of the message.
5.4. The specified dates of the pre-order may be changed if the date of product launch is postponed by the manufacturer or distributor. In such a situation, the Customer will be informed by e-mail about the change without undue delay, if the change occurs.
5.5 the website offers customers the possibility to place orders for certain Products not available at the moment in the store. These products contain information about the expected waiting time in the description. In the event that this deadline is to be exceeded, Magic Cafe will contact the Customer immediately.

6. Payments
6.1 the Customer has the possibility to pay for each order:
6.1.1. By bank transfer to the Magic Cafe bank account number 55 1910 1048 2640 2103 4918 0001 (for PLN payments) or PL28 1910 1048 2640 2103 4918 0002 (for EUR payments) operated by Santander Bank Polska S.A. with its registered office in Warsaw 00-854 at al. John Paul II 17. The order number must be entered in the payment title.
6.1.2. Online payment via Blue Media.
6.3. For each transaction we issue a fiscal receipt or an invoice at the Customer’s request. The type of document must be determined at the time of placing the order.

7. Order delivery
7.1. The customer has the possibility of personal collection of any order placed on the site. Personal collection is possible during the store’s working hours.

7.1.1. In the case of an order, personal collection is possible after we have received a deposit. For online payments, Blue Media is usually about 5-10 minutes from the time of its execution, and for transfers 1-2 working days. The current status of the order indicates the payment status.
7.2. Delivery of the order is made using the form of delivery chosen by the Customer. Detailed information about forms, shipping costs and delivery times is available in the “Payment and Shipping” tab on the website – https://magiccafe.eu/payment-shipping/
7.3. The order is sent after the funds have been credited to our account.
7.3.1. Shipping orders for which the payment was posted on a given working day before 12:00:00, will be sent within 1 working day.
7.3.2. Shipping orders for which the payment was posted on a given working day after 12:00 are treated as paid on the next working day before 12:00.

8. Withdrawal from the contract – only consumers or JDG
8.1. The consumer or JDG has the right to withdraw from the contract of sale of products for which the contract of sale was concluded via the party within 14 days from the day following the day of receipt of the order by the consumer or JDG.
8.1.1. The right of withdrawal does not apply to registration for cultural events organized by Magic Cafe. Details in section 12 of these Regulations.
8.2. If you wish to exercise the right of withdrawal, the consumer or JDG is obliged to provide the Magic Cafe in writing or electronically with a Statement of withdrawal within the period specified in point 8.1 of these Terms and conditions.
8.3. Products covered by the withdrawal Statement should be returned without undue delay, but no later than 14 days from the date of withdrawal.

8.4. Magic Cafe will refund the payments made by the Consumer or JDG for returned Products without undue delay, but not later than within 14 days from the date of withdrawal from the contract, provided that the returned Products are delivered to Magic Cafe within that period.
8.5. As part of the refund for returned Products, Magic Cafe does not refund the shipping costs to the consumer or JDG.
8.6. The Consumer or JDG shall bear the cost of delivering the products returned to Magic Cafe.
8.7. The consumer should return the fiscal receipt together with the returned order. This is not required, but it greatly facilitates the procedure related to documenting the return for the Tax Office.
8.8. Returned products must be properly secured and packed and returned intact to the following address: Magic Cafe Benjamin Holtin, ul Torfowa 7, 30-384 Kraków.
8.8.1. We do not accept returns sent on delivery, sent to a parcel locker and a collection point.
8.9. JDG will receive the FV correction by email.
8.10. The consumer or JDG shall be liable for any decrease in the value of the product resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the product which it could make when buying the product in the store.

9. Procedure for handling complaints under warranty
9.1. Magic Cafe is obliged to provide customers with products without defects, unless they are included in the description of a particular product.
9.2. The complaint under the warranty may be submitted by the Customer who is a consumer, directly in the Store during its opening hours, by e-mail to the e-mail address magiccafekrakow@gmail.com or in writing to the company registration address from point 1.1. These Regulations with the inscription “complaint”.

9.3. It is advisable that the complaint should include in particular: Name and surname, e-mail address (e-mail address), to which the response to the complaint is to be sent, address for correspondence, date of purchase of the product, type of the product complained about, exact description of the defect (if it is possible to take a photo, please attach it) and date of its determination, The Customer’s request, as well as the method preferred by the Customer to inform about the manner of considering the complaint. Along with submitting a complaint, you must provide Magic Cafe with proof of purchase of the goods. Proof of purchase may be: Receipt or copy thereof, invoice or copy thereof, printout from payment card, confirmation of transfer from bank or other proof of purchase.
9.3.1. If the notification concerns a manufacturing defect of the product, which Magic Cafe had no influence on the possibility of submitting a complaint under this title, it is only for consumers. Other customers should submit their requests directly to the manufacturer or distributor under warranty. Of course, the consumer also has such a right and the possibility, if he prefers this way to report the defect.
9.4. In case of the need to deliver the advertised product to Magic Cafe, Magic Cafe will refund all related costs if the Customer sends the product back in a manner agreed with Magic Cafe.
9.5. Magic Cafe will consider and respond to the complaint without undue delay, not later than within 14 days from the date of submission of the complaint. The User will be informed about the manner of handling the complaint in accordance with the data indicated in the complaint submission.
9.6. In the event of any deficiencies in the submitted complaint, Magic Cafe will ask the Customer to supplement them in accordance with the address data indicated in the complaint submission.

10. Transactional disputes and out-of-court ways of pursuing claims
10.1. In the event of a dispute, the consumer has the opportunity to use an out-of-court method of handling complaints and pursuing claims, among others, before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Krakow. Information on how to access the above-mentioned dispute resolution procedures can be found at the following address: https://www.uokik.gov.pl/ , in the consumers -> Consumer Arbitration tab.
10.2. The use of out-of-court complaint and redress procedures is voluntary and may take place when both parties to the dispute agree to it.

11. Protection of personal data
11.1 the administrator of personal data of customers of the website is Magic Cafe.
11.2 In order to fulfill the order Magic Cafe processes:
11.2.1. Information about the Customer’s device in order to ensure the correct operation of the Services: Computer IP address, information contained in cookies or other similar technologies, session data, web browser data, device data, data on website activity, including on individual subpages.
11.2.2. Personal data of users: Name, surname, registered office address, correspondence address, e-mail address, Phone number, NIP, bank account number or other personal data, the provision of which is necessary to complete the purchase, and the application of which in the purchase process requires Magic Cafe.
11.3. This information does not contain data on the identity of customers, but in combination with other information may constitute personal data and therefore Magic Cafe covers them with full protection under the GDPR.

11.4. These data are processed in accordance with Article 6(1)(b) of the GDPR, in order to fulfill orders in accordance with the Regulations and in accordance with Article 6(1)(a) of the GDPR, in connection with the consent to the use of certain cookies or other similar technologies, Expressed by the appropriate settings of the Internet browser in accordance with telecommunications law. The data is processed until the User terminates the use of the Website.
11.5. Magic Cafe undertakes to take all measures required under Article 32 of the GDPR to ensure an adequate level of data security. Magic Cafe takes into account the state of technical knowledge, the cost of implementation and the nature, scope and purposes of processing and the risk of violation of the rights or freedoms of natural persons with different probability of occurrence and weight.
11.6. Magic Cafe may include marketing information about its products or services. The display of these content is made by Magic Cafe in accordance with Article 6(1)(f) of the GDPR, i.e. in accordance with the legitimate interest of Magic Cafe consisting in publishing content related to the services provided and promotional content of the actions in which Magic Cafe is involved. At the same time, this action does not violate the rights and freedoms of customers who expect to receive content with the content provided, and even expect it or is the direct purpose of their visit to the site.
11.7. Magic Cafe discloses personal data only to entities with whom a contract has been concluded to entrust the processing of personal data in order to provide services to Magic Cafe. In particular, these include shipping companies fulfilling the Customer’s order, it companies implementing projects within the website, etc.
11.8. Personal data will not be processed outside Poland.
11.9. Each data subject shall have the right to:

11.9.1. Access (Article 15 of the GDPR) – obtaining confirmation from Magic Cafe whether its personal data is processed. Where personal data are processed, the data subject shall be entitled to access them and to obtain the following information: the purposes of the processing, the categories of personal data, the recipients or categories of recipients to whom the data have been or will be disclosed, the period of storage of the data or the criteria for determining them, the right to request rectification, erasure or restriction of processing of personal data held by the data subject and to object to such processing
11.9.2. To receive a copy of the data (Article 15(3) of the GDPR) – obtain a copy of the data subject to processing, the first copy of which is free of charge, and for subsequent copies of Magic Cafe may impose a reasonable fee resulting from administrative costs.
11.9.3. For rectification (Article 16 of the GDPR) – request rectification of personal data concerning you which are incorrect or incomplete.
11.9.4. To delete the data (Article 17 GDPR) – request the deletion of its personal data, if Magic Cafe no longer has a legal basis for their processing or the data are no longer necessary for the purposes of processing.
11.9.5. To limit the processing (Article 18 GDPR) – request the restriction of the processing of personal data when:
– The data subject questions the accuracy of the personal data – for a period allowing Magic Cafe to check the accuracy of the data,
– the processing is unlawful and the data subject opposes their erasure, requesting the restriction of their use,
– Magic Cafe no longer needs this data, but it is necessary for the data subject to establish, exercise or defend legal claims,

– The data subject has objected to the processing – until it is determined whether the legitimate grounds on the part of Magic Cafe override the grounds for objection of the data subject,
11.9.6. To transfer data (Article 20 of the GDPR) – to receive in a structured, commonly used and machine-readable format personal data concerning them, which has been provided by Magic Cafe and to request that data be sent to another controller, if the data is processed on the basis of the consent of the person, the data subject or the contract concluded with him or her and if the data are processed in an automated manner.
11.9.7. To object (Article 21 of the GDPR) – to object to the processing of personal data concerning you for legitimate purposes of Magic Cafe, for reasons related to your particular situation, including profiling. Magic Cafe then assesses the existence of valid legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or the grounds for the establishment, exercise or defense of legal claims. If, in accordance with the assessment, the interests of the data subject are more important than those of the controller, Magic Cafe will be obliged to stop processing the data for these purposes.
11.9.8. to withdraw consent at any time and without giving any reason, but the processing of personal data made prior to the withdrawal of consent will still remain lawful. Withdrawal of consent will result in the cessation of processing of personal data by Magic Cafe for the purpose for which this consent was expressed.
11.10. In order to exercise the above rights, the data subject should contact Magic Cafe and inform them of the rights and to what extent he or she wishes to exercise.
11.11 the data subject has the right to lodge a complaint with the supervisory authority, which in Poland is the President of the Personal Data Protection Office with its registered office in Warsaw, ul Rates 2 that can be contacted as follows:

11.11.1. by post – str Stawki  2, 00-193 Warsaw
11.11.2. via the electronic mailbox available at – https://www.uodo.gov.pl/pl/p/kontakt
11.11.3. helpline – 606-950-000

12. Cultural events
12.1. Magic Cafe organizes cultural events in the store and sells tickets to them via the website. The product name on the website starting with the word “Registration” is an entry ticket to the event.
12.1.1. Magic Cafe sells tickets for events, also on-site in the store immediately before the event. The pool of tickets for a given event is limited by the available number of tickets on the page. Only tickets that are not sold through the website will be available for sale. The purchase of registration through the website guarantees the reservation of space in a given event.
12.2. Registrations are not subject to the right of return under the provisions of the Consumer Rights Act of 30 may 2014 This is an exception under Article 38.12 of the Act. Magic Cafe, however, offers the following registration options, which the Customer may use in the absence of participation:
12.2.1. Registration can be transferred to another person – we should report this fact at the latest 1h before the event starts by e-mail to the address magiccafekrakow@gmail.com in the title by typing “Event – change of participant”, and in the content indicating what event the matter concerns. We do not accept requests to change a participant by any other means. For a new entrant, the person submitting such a change is required to provide the same required registration information, which must have been provided for his registration, e.g. player number, etc.
12.3. Orders in which one of the Products is Registration must be paid within 2 days from the moment of placing the order, but not later than 24 hours before the event begins. Otherwise, such an order may be canceled and the admission ticket will return to the pool available on the registration page.

12.4. The rules of each event are described as part of the registration. By purchasing the registration you agree to follow the rules of the event, which are described there and in which you participate. Each registration for an event contains in the description individual rules of a given event. In addition to the rules described in the description of registration, generally accepted rules for events of a given type apply in each event (e.g. Tournament rules defined by the publisher of the game, etc.).
12.5. The Customer undertakes to present at the event at the indicated time. If you are late for the event, please call 666-167-666 at the latest 30 minutes before the event starts. In the absence of such information 2 minutes after the planned start of the event, if the event reaches the limit of seats, we reserve the right to consider such registration as unused.
12.5.1. Late for the event may also result from the inability to use all possible attractions of the event for which the Customer is not entitled to any compensation.
12.6. Magic Cafe conducts reports on events. If, as a participant of the event, you do not agree to the publication of, for example, your result or a photo from an event containing your face, please contact us before registering. Otherwise, you consent to the publication of the report in the form of results, photos or videos from the event with your participation.

13. Final provisions
13.1. Any disputes between Magic Cafe and the Customer who is a consumer, unresolved by complaint or out-of-court redress methods will be settled by a common court competent in accordance with the provisions of the Code of Civil procedure.
13.1.1. In the case of other customers, it is assumed that the competent court is the court of the district competent for the headquarters of Magic Cafe.

13.2. In matters not covered by the Regulations, the generally applicable provisions of Polish law, including in particular the Civil Code and other acts, shall apply.
13.3. These Terms and conditions apply to orders placed during the period of its validity. We reserve the right to change these Terms and conditions.
13.4. These Regulations enter into force on 10 January 2023.