I. General provisions
- These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop bymoana.com. The Shop is operated by Beata Dębowska conducting business activity under the business name MOANA PROJEKT Beata Dębowska entered to the Central Registration and Information on Economic Activity (CEIDG) maintained by the Minister of Entrepreneurship and Technology, address: Ciechocińska 74 Street, 60-473 Poznań, Poland, Number (NIP) Taxpayer Identification: 7791384979, National Official Register of Business Entities (REGON) number: 366836249, hereinafter referred to as the Seller.
- The Seller may be contacted by:
- email: email@example.com;
- phone: +48 660 107 719;
- contact form available on the website.
- These Terms and Conditions are always available at the website www.bymoana.com, which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
- The Seller informs that taking advantage of services provided electronically may be associated with a risk to any user of the Internet of introducing a malware on a computer system or obtaining and modifying Customers’ data by unauthorized persons. Therefore the Customer should apply appropriate technical measures to minimize the above-mentioned risks, in particular by the use of antivirus and firewall.
The terms used in these Terms and Conditions shall have the following meaning:
- Business Days – these shall be the days from Monday to Friday, excluding public holidays;
- Customer – a natural person with a full legal capacity, a natural person who conducts business activity, a legal entity or an organizational unit without legal personality, vested with a legal capacity by special provisions, who places the Order in the Online Shop or uses other Services available in the Online Shop;
- Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended);
- Account – a section of the Online Shop ascribed to the Customer that he can use to perform specific actions in the Online Shop;
- Consumer – the Customer being a consumer within the meaning of the provisions of Article 22  of Civil Code;
- Entrepreneur – the Customer being an entrepreneur within the meaning of the provisions of Article 43 of Civil Code;
- Terms and Conditions – this document;
- Goods – the product presented in the Online Shop, with its description available with each of the presented products;
- Sales Agreement – a sales agreement of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Services – the services rendered electronically by the Seller for the benefit of Customers within the meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
- Act on Consumer Rights – the Act on Consumer Rights dated 30 May 2014 (Journal of Laws 2014, No. 827);
- Act on Rendering Electronic Services – the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
- Order – declaration of the Customer’s will leading directly to the conclusion of a Sales Agreement, specifying in particular the kind and amount of Goods.
- The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements:
- a computer or a mobile device with access to the Internet,
- access to electronic mail,
- a web browser Internet Explorer – version 11 or newer, Firefox – version 28.0 or newer, Chrome – version 32 or newer, Opera – version 12.17 or newer, Safari – version 1.1. or newer,
- Using the Online Shop shall mean every activity of the Customer which familiarizes him with the Shop content.
- The Customer shall be obliged in particular:
- not to provide and not to transfer any content forbidden by provisions of law, e.g. the content which is defamatory, promotes violence or infringes personal rights and other rights of third parties,
- to use the Online Shop in the manner not interfering with its functioning, in particular by using specific software or devices,
- not to perform any actions such as: sending unsolicited commercial information (spam) or placing it within the Online Shop,
- to use the Online Shop so as not to disturb other Customers and the Seller,
- to use all the content within the Online Shop solely for one’s own personal purposes,
- to use the Online Shop in accordance with the provisions of law applicable at the area of the Republic of Poland, with the Terms and Conditions, and also with the general rules governing the use of the Internet.
- The Services are made available by the Seller in the Online Shop free of charge and are rendered by the Seller 24 hours a day, 7 days a week.
- The Service which involves maintenance of an Account in the Online Shop shall be available upon registration. To register it is required to fill out and accept the registration form available on one of the Online Shop websites. The agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account” (Polish: “Usuń Konto”).
- The Customer may receive the Seller’s commercial information in the form of messages sent to the Customer’s electronic mail address (the Newsletter service). To receive such information, the Customer must provide a valid electronic mail address or activate an appropriate field in the registration form or the Order form. The Customer may, at any time, withdraw his consent to receive commercial information. The Agreement for the provision of the Newsletter service shall be concluded an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.
- The Customer has an opportunity to send a message to the Seller using website contact form. The services agreement consisting in providing an interactive form enabling Customer to contact the Seller is concluded only for a definite period of time and terminates at the moment of response by the Seller.
- The Seller shall have the right to organize occasional competitions and promotions, the terms of which shall always be presented on the Shop websites. The Online Shop promotions may not be combined unless the Terms and Conditions for the given promotion provide otherwise.
- If the Customer breaches these Terms and Conditions, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14 days’ notice.
V. The Conclusion Procedure for the Sales Agreement
- Information about the Goods as provided on the Shop websites, in particular their descriptions, technical and functional parameters as well as prices constitute an invitation to conclusion of an Agreement within the meaning of Article 71 of the Civil Code.
- All the Goods available in the Online Shop are new, free of physical and legal defects and have been legally introduced to the Polish market.
- To place an Order, an active electronic mail account is required.
- If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
- The Order may be placed in the Online Shop via electronic mail on Business Days and in the hours indicated on the Online Shop website. In order to do that, the Customer should:
- provide – in the electronic mail addressed to the Seller – the name and amount of the Goods presented on the Shop website,
- select the form of delivery and method of payment from the forms of delivery and methods of payment specified on the Shop website,
- provide the information required for processing of the Order, in particular: name and surname, place of residence and email address.
- The information about the total value of the Order is always provided by the Seller verbaly after completing the Order or via electronic mail together with the information that the Customer’s conclusion of the Sales Agreement imposes an obligation to pay for the ordered Goods, and at this moment the Sales Agreement is concluded.
- For the Customers who are Consumers, after an Order has been placed by electronic mail, the Seller shall always send to the Customer a confirmation of the conditions for the placed Order.
- The Agreement shall be concluded when the Customer who is a Consumer sends (in response to the confirmation of the Order conditions sent by the Seller) an electronic mail to the Seller’s electronic mail address, where the Customer: accepts the contents of the sent Order and agrees to its processing, and also accepts the Terms and Conditions and acknowledges the notice on withdrawal from agreement.
- The sales Agreement shall be concluded in Polish, English or German and its provisions shall correspond to the Terms and Conditions.
- Delivery of the Goods is limited to the territory of the European Union and is performed to the address indicated by the Customer when placing the Order.
- The Customer may choose the following forms of delivery of the ordered Goods:
- by a courier company,
- by a post operator.
- On the Shop websites, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges.
- The deadline for delivery and processing of the Order shall be calculated per Business Days, in accordance with Paragraph VII Subparagraph 2.
- If the ordered Goods have different delivery deadlines, the longest deadline shall apply to the whole Order.
VII. Prices and methods of payment
- The prices for the Goods are provided in PLN, and include all the components like VAT, customs duties and other fees.
- The Customer may choose the following payment methods:
- bank transfer to the Seller’s bank account (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer, and the Goods shall be dispatched immediately after the funds are credited on the Seller’s bank account and after the Order is completed);
- cash upon personal pick-up – payment at the Seller’s personal pick-up point (in this case the Order shall be processed immediately after the Seller sends a confirmation of acceptance of the Order to the Customer, and the Goods shall be released at the Seller’s personal pick-up point);
- electronic payment (n this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment, and the Goods shall be dispatched immediately after the Order is completed).
- On the Shop websites, in the description of the Goods, the Seller informs the Customer about the time when he must make the payment for the Order. If the Customer fails to make the payment within the time specified in the previous sentence, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may withdraw from the Sales Agreement under Article 491 of the Civil Code.
VIII. The right to withdraw from the Agreement
- The Customer who is a Consumer may withdraw from the Agreement without specifying the reason by submitting an appropriate declaration within 14 days. To keep this deadline it is enough to send this declaration before its lapse.
- The Consumer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement, which constitutes Appendix No. 1 to the Terms and Conditions.
- The 14-days’ deadline shall be calculated from the day when the Goods were delivered or – in the case of an Agreement for Services – from the day it was concluded.
- Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
- The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:
- Provision of Services, if the Seller fully performed the Service and the performance has begun with the Consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the Seller;
- the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period;
- for an agreement where the subject of the service are non-prefabricated Goods manufactured as per the specifications of the Consumer or serving to satisfy his unique needs;
- for an agreement where the subject of the service are Goods undergoing rapid spoiling or Goods that has a short shelf life;
- for an agreement where the subject of the service are Goods delivered in sealed packaging, which one opened is non-returnable for health or hyqiene reasons, if the packaging has been opened after delivery;
- the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
- objects are alcoholic beverages the price of which has been agreed upon at the time of the conclusion of the sales contract and the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the entrepreneur;
- contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;
- the supply of sealed audio or sealed video recordings or sealed computer software which were sealed delivered and were unsealed after delivery, the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- contracts concluded at a public auction;
- for the provision of services related to accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities, entertainment, sports or cultural events, if the contract provides for a specific date or period of provision of such a service;
- the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
- In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item. The items should be returned immediately, not later than within 14 days. The purchased Goods should be returned to the address of the Seller.
- The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer. The Seller may withhold the refund of payment received from the Consumer until he receives the returned item or the Consumer provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Consumer by himself.
- If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he has incurred.
- The Consumer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.
IX. Complaints for the Goods under warranty
- The Seller undertakes to deliver Goods free from defects.
- The Seller shall be liable towards the Customer who is a Consumer, under warranty for defects in accordance with the provisions laid down in Article 556 – 576 of the Civil Code.In relation to the Customers who are Entrepreneurs warranty is excluded.
- Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the following address: MOANA PROJEKT Beata Dębowska, Ciechocińska 74 Street, ZIP code 60-473 Poznań, or to the electronic mail address: firstname.lastname@example.org, phone number +48 660 107 719, or contact form.
- In order for the complaint to be processed, the Customer should send or deliver the Goods in question, attaching the proof of purchase, if possible. The Goods should be delivered or sent to the Seller address mentioned in point 3.
- The Seller undertakes to process each complaint within 14 days.
- If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
X. Complaints for electronic services
- The Customer may complain to the Seller about functioning of the Shop and using the Services. Complaints may be submitted in writing to the following address: MOANA PROJEKT Beata Dębowska, Ciechocińska 74 street, (ZIP code) 60-473 Poznań, or to the electronic mail address: email@example.com, phone number +48 660 107 719, or contact form.
- In the complaint, the Customer should indicate his name and surname, address for correspondence, the kind and description of the present problem.
- The Seller undertakes to process each complaint within 14 days, and if this is not possible – to inform the Customer within that time when the complaint will be processed. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, within 7 days from the date when the Customer received the request.
- The Goods might be entitled to the producer’s guarantee.
- In case of the Goods entitled to the producer’s guarantee, information concerning existing and content of the guarantee and time limit of stipulation of guarantee is in each Goods description included on the Shop’s website.
- Out-of-court ways of settling complaints and pursuing claims
- The Customer who is a Consumer has, among others, the following possibilities to use the out-of-court ways of settling complaints and pursuing claims:
- he has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement;
- has the right to refer to the voivodeship inspector of the Commercial Inspection with a request to initiate mediation proceedings for amicable settlement of the dispute between the Customer and the Seller;
- may obtain free support for settlement of the dispute between the Consumer and the Seller, using also the support of the poviat (municipal) consumer rights adviser or a social organisation whose statutory tasks include protection of Consumers (among others, the Federation of Consumers, the Society of Polish Consumers). The advice is provided by the Federation of Consumers on the toll-free number of consumers’ hotline 800 007 707 and by the Society of Polish Consumers at the electronic mail address firstname.lastname@example.org.
- may report his complaint via the European ODR platform available at the address:http://ec.europa.eu/consumers/odr/.
XII. Protection of personal information
XIII. Final Provisions
- All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.
- Any disputes arising between the Seller and the Customer who is a Consumer shall be settled by competent courts in accordance with applicable provisions of the Code of Civil Procedure.
- Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by a competent court of jurisdiction proper for the seat of the Seller.
- The matters not provided for in these Terms and Conditions shall be governed by the provisions of the Civil Code, the Act on Rendering Electronic Services, the Act on Consumer Rights and other applicable provisions of Polish law.
Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the new content of the Terms and Conditions, he shall be obliged to inform the Seller about it within 14 days from being informed about the amendment of the Terms and Conditions. Failure to accept shall result in termination of Agreement.