I. General Provisions II. Definitions III. Type and scope of electronic services IV. Conditions for the provision and conclusion of contracts for the provision of electronic services V. Terms of concluding sales contracts VI. Payment methods VII. Cost, date and methods of delivery VIII. Terms of termination of contracts for the provision of electronic services IX. Complaint procedure X. Right of withdrawal XI. Intellectual property XII. Final Provisions
I. General Provisions
1. The online store operating at www.momonde.co is run by Marcel Haberski, running a business under the name momonde. Marcel Haberski entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, address of the place of business: ul. Grasera 11/10, 87-100 Toruń and the address for service: ul. Pigwowa 6, 87-100 Toruń, NIP: 8883033811, REGON: 341257893, e-mail address: [email protected], tel. +48508430221
2. The momonde.co store operates on the terms set out in these Regulations.
3. The Regulations specify the types and scope of services provided electronically by the momonde.co Store, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services and Product Sales Agreements, as well as the complaint procedure.
4. Each Service Recipient, upon taking steps to use the Electronic Services of the momonde.co Store, is obliged to comply with the provisions of these Regulations.
5. The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.
6. The momonde.co store retails Products via the Internet in Poland only to Consumers.
7. The products offered in the Store are new, free from legal defects and have been legally introduced to the Polish market.
8. In matters not covered by these Regulations, the provisions apply 8a. Act on the provision of electronic services of July 18, 2002. (Dz. U. Nr 144, poz. 1204 ze zm.), 8b. The Civil Code Act of April 23, 1964. (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law. 8c. Consumer Rights Act of 30 May 2014. (Journal of Laws of 2014, item 827),
1. Business day - one day from Monday to Friday, excluding public holidays.
2. Registration form – a form available on the momonde.co website that allows you to create an Account.
3. Order form – a form available on the momonde.co website that allows you to place an Order.
4. Consumer - a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.
5. Customer - a Service Recipient who is a Consumer who intends to conclude or has concluded a Sales Agreement with the Seller.
6. Account - marked with an individual name (login) and password, a collection of resources in the Service Provider's ICT system, in which the Service Recipient's data is collected, including information about placed Orders.
7. Regulations - these Regulations of the Store.
8. Store - the Service Provider's online store operating at www.momonde.co
9. Seller, Service Provider - Marcel Haberski running a business under the name momonde Marcel Haberski, ul. Grasera 11/10, 87-100 Toruń, NIP: 8883033811, REGON: 341257893.
10. Product - a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
11. Sales Agreement - Product Sales Agreement concluded between the Customer and the Seller via the Store.
12. Service Recipient - a natural person, legal person or organizational unit without legal personality, which the law grants legal capacity using the Electronic Service.
13. Electronic service - a service provided electronically by the Service Provider to the Service Recipient via the Store.
14. Order - Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
15. Newsletter - Electronic Service that allows the Service Recipient to subscribe to and receive free information from the Service Provider regarding the Products available in the Store to the e-mail address provided by the Service Recipient.
III. Type and scope of electronic services
1. The Service Provider enables the use of Electronic Services through the Store, such as: 1a. concluding Product Sales Agreements, 1b. maintaining an Account in the Store, 1c. using the Newsletter.
2. The provision of Electronic Services to Service Recipients in the Store takes place under the conditions set out in the Regulations.
3. The Service Provider has the right to place advertising content on the Store's website. This content is an integral part of the Store and the materials presented in it.
IV. Conditions for the provision and conclusion of contracts for the provision of electronic services
1. Provision of Electronic Services specified in Chapter III point 1 of the Regulations by the Service Provider is free of charge.
2. The period for which the contract is concluded: 2a. the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period. 2b. the contract for the provision of Electronic Services consisting in enabling the submission of Orders in the Store is concluded for a definite period of time and terminates when the Order is placed or ceases to be placed by the Service Recipient. 2c. the contract for the provision of Electronic Services consisting in the use of the Newsletter is concluded for an indefinite period.
4. The Service Recipient is obliged to use the Store in a manner consistent with the law and decency, taking into account respect for personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to enter data consistent with the facts.
6. The Service Recipient is prohibited from providing unlawful content.
V. Terms of concluding sales contracts
1. Conclusion of the Sales Agreement. 1a. To conclude a Sales Agreement, it is necessary for the Customer to submit an Order in advance using the methods provided by the Seller. 1b. After placing the Order, the Seller immediately confirms its receipt while accepting the Order, which binds the Customer with his Order. Confirmation of receipt and acceptance of the Order for execution takes place by sending an e-mail containing: - confirmation of all essential elements of the Order, - statement on the right to withdraw from the contract, - information on the right to withdraw from the contract, - these Regulations. 1c. Upon receipt by the Customer of the e-mail referred to in point 7 lit. b) a Sales Agreement is concluded between the Customer and the Seller.
2. The Store executes Orders placed from Monday to Friday during the Store's working hours, i.e. from 9.00 to 16.00 Orders placed on Working Days after 14.00, on Saturdays, Sundays and holidays, will be considered on the next Business Day.
3. Orders can only be placed via the website using the Order Form (momonde.co Store) - 24 hours a day throughout the year.
4. In order to place an Order, the Customer is not required to register an Account in the Store.
5. The price of the Product shown on the Store's website is binding at the time of placing the Order by the Customer. This price will not change regardless of price changes in the Store that may occur in relation to individual Products after the Customer has placed the Order.
6. The price of the Product shown on the Store's website is given in Polish zlotys (PLN) or Euro (€) and includes all components, including VAT, customs duties and any other components. The price does not include delivery costs.
7. The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Product under the conditions specified in its description.
8. Each Sales Agreement will be confirmed with a proof of purchase (receipt), which will be attached to the shipment. A VAT invoice is issued at the Customer's request.
VI. Payment methods
1. The Seller provides the following payment methods: 1a. payment via the electronic payment service Przelewy24, 1b. payment via credit card, debit card or PayPal. 1c. payment via the Apple Pay payment system 1d. payment via the Google Pay payment system 1e. payment deferred via PayPo 1e. payment deferred via Klarna 1e. payment deferred via P24now
2. In the case of payment by bank transfer, the payment should be made to the bank account number 56 1020 5011 0000 9202 0345 5011 (PKO Bank Polski S.A.), momonde Marcel Haberski, ul. Grasera 11/10, 87-100 Toruń, NIP: 8883033811. In the title of the transfer, enter "Order No.........."
3. In the case of payments via electronic payment services, the Customer makes the payment before starting the execution of the Order. Electronic payment services allow you to make payments by credit card or a quick transfer from selected Polish banks. The product will be sent only after it has been paid for.
4. The Customer is obliged to pay the price under the Sales Agreement within 3 Business Days from the date of its conclusion, unless the Sales Agreement provides otherwise.
VII. Cost, date and methods of delivery
1. Product delivery costs are determined during the Order placement process and depend on the choice of payment method and the method of delivery of the purchased Product.
2. Products purchased in the Store are sent via a courier company or delivered to an InPost parcel locker in Poland.
3. In order to make a foreign shipment, please contact the Seller.
4. The Product delivery date consists of the time of completing the Product and the time of delivery of the Product by the carrier: 4a. The time of completing the Product is a maximum of 5 Business Days, however, the Seller makes every effort to fulfill orders no longer than 48 hours. 4b. Delivery of the Product by the carrier takes place on the date declared by him, i.e. from 1 to 3 Business Days (delivery takes place only on Business Days, excluding Saturdays, Sundays and holidays). Courier shipments in 99% are delivered on the next business day from posting. Applies only to shipments carried out in Poland. 4c. Customized orders may take 2-3 days to ship.
VIII. Terms of termination of contracts for the provision of electronic services
1. Termination of the contract for the provision of Electronic Services: 1a. A contract for the provision of Electronic Services of a continuous and indefinite nature (e.g. maintaining an Account) may be terminated. 1b. The Service Recipient may terminate the contract with immediate effect and without giving reasons by sending a relevant statement via e-mail to the following address: [email protected] 1c. The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature in the event that the Service Recipient violates the Regulations, in particular when he provides illegal content after an ineffective prior request to cease violations with an appropriate deadline. In this case, the contract expires after 7 days from the date of submitting the declaration of will to terminate it (notice period). 1d. Termination leads to termination of the legal relationship with effect for the future.
2. The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.
IX. Complaint procedure
1. Warranty claims: 1a. The basis and scope of the Seller's liability towards the Customer who is a Consumer, under the warranty covering physical and legal defects, are set out in the Civil Code of April 23, 1964. (Journal of Laws No. 16, item 93, as amended) 1b. Notifications of defects concerning the Product and the submission of a relevant request can be made via e-mail to the following address: [email protected] or in writing to the following address: ul. Pigwowa 6, 87-100 Torun. 1c. The above e-mail should contain as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and speed up the consideration of the complaint by the Seller. 1d. When it is necessary to assess physical defects of the Product, it should be delivered to the following address: ul. Pigwowa 6, 87-100 Torun. 1e. The Seller will respond to the Customer's request immediately, no later than within 14 days. The response to the complaint is sent to the e-mail address provided by the Customer or in another manner provided by the Customer. 1f. In the case of a complaint from a Customer who is a Consumer - failure to consider the complaint within 14 days is tantamount to its consideration. In connection with the complaint of the Customer who is a Consumer, the Seller covers the costs of collection, delivery and replacement of the Product with a defect-free one.
2. Complaints related to the provision of Electronic Services by the Service Provider: 2a. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via e-mail to the following address: [email protected] 2b. In the e-mail above, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and accelerate the consideration of the complaint by the Service Provider. 2c. Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days. 2d. The Service Provider's response regarding the complaint is sent to the Customer's e-mail address provided in the complaint or in another manner provided by the Customer.
X. Right of withdrawal
1. A Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting a relevant statement in writing, electronically via e-mail or by phone within 14 days. To meet this deadline, it is enough to send a statement of withdrawal from the contract.
2. The withdrawal form is available for download on the Store's website in the Returns and Complaints tab.
3. In the event of withdrawal from the contract, the Sales Agreement is considered void and the Consumer is released from any obligations. The return should take place immediately, not later than within 14 days.
4. The consumer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
5. The Seller will refund the value of the Product together with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return, which does not involve any costs for him.
6. If the Consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery offered by the Store, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
7. The consumer withdrawing from the Sales Agreement, in accordance with point 1 of this chapter, bears only the costs of returning the Product to the Seller.
8. The fourteen-day period in which the Consumer may withdraw from the contract is counted from the day on which the Consumer took possession of the Product.
9. The right to withdraw from a distance contract is not entitled to the Consumer in the case of a Sales Agreement: 9a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs, 9b. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
10. The right to withdraw from the Sales Agreement is entitled to both the Seller and the Customer (Consumer), in the event of failure by the other party to the contract to fulfill its obligation within a strictly specified period.
11. The right to withdraw from the contract is also available to natural persons concluding a contract directly related to their business activity, when the content of this contract shows that it is not of a professional nature for these persons within the meaning of Art. 556 (4) of the Civil Code. Other entrepreneurs are not entitled to withdraw from the contract.
XI. Intellectual property
1. All content posted on the website at www.momonde.co is protected by copyright and is the property of Marcel Haberski, running a business under the name momonde. Marcel Haberski, address of the place of business: ul. Grasera 11/10, 87-100 Toruń, delivery address: Grasera 11/10, 87-100 Toruń, NIP: 8883033811, REGON: 341257893. The Customer shall be fully liable for any damage caused to the Service Provider as a result of using any content on the momonde.co website without the consent of the Service Provider.
2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements that make up the content and content of the www.momonde.co website constitutes a violation of the Service Provider's copyright and results in civil and criminal liability.
XII. Final Provisions
1. Agreements concluded through the Store are concluded in accordance with Polish law.
2. In the event of non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
3. Any disputes arising from Sales Agreements between the Store and Consumers will be settled in the first place through negotiations, with the intention of amicable settlement of the dispute. However, if this would not be possible or would be unsatisfactory for either party, disputes will be settled by a competent common court, in accordance with point 4 of this chapter.
4. Litigation of Disputes: 4a. Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964. (Journal of Laws No. 43, item 296, as amended). 4b. Any disputes arising between the Service Provider and the Service Recipient (Client) who is not a Consumer at the same time, shall be submitted to the court competent for the seat of the Service Provider.
5. The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting an application for mediation or an application for consideration of the case by an arbitration court after the complaint procedure is completed (the application can be downloaded from the website http://www.uokik. gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The consumer may also use the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the end of the complaint procedure is free of charge.
6. In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.