§1
Definitions
For the purposes hereof, the following meaning of the terms presented below is being adopted:
Buyer – a natural person, a legal person or a legal entity not having legal personality,
Consumer – a natural person concluding with the Seller a sale agreement not connected directly with their business or professional activity,
Regulations – these regulations available at the address: www.mudita.com/legal/terms-of-sale/,
Shop – the online shop functioning at the address: www.store.mudita.com,
Seller - Mudita spółka z ograniczoną odpowiedzialnością with registered office in Warsaw at ul. Jana Czeczota 6, 02-607 Warszawa, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under National Court Register (KRS) number 0000467620, Tax Identification Number (NIP) 5252558282, Statistical Number (REGON) 146767613, share capital in the amount of PLN 1 040 000,00. Phone: +48 223433783, mail: store@mudita.com
§2
Preliminary provisions
Via the Shop, the Seller conducts retail sales, at the same time providing services electronically to the Buyers. Via the Shop, the Buyer may purchase the products shown on the sites of the Shop.
The Regulations determine the principles and terms & conditions of use of the Shop as well as the rights and obligations of the Seller and of the Buyers.
It shall not be necessary to fulfil any special technical conditions by the computer or by another device of the Buyer to use the Shop, including in particular to purchase in the Shop. The following elements shall be sufficient:
access to the Internet,
standard operating system,
standard web browser,
possession of an active e-mail address.
The Buyer may not purchase in the Shop anonymously or under a pseudonym.
It is forbidden to deliver illegal contents during the use of the Shop, in particular through sending of such contents via the forms available in the Shop.
All product prices determined on the sites of the Shop are gross prices.
§3
Electronically provided services
Via the Shop, the Seller provides services electronically to the Buyer.
The basic service provided electronically to the benefit of the Buyer by the Seller is making it possible for the Buyer to place an order in the Shop.
The additional service provided electronically to the benefit of the Buyer by the Seller is maintaining an account of the Buyer and newsletter.
The services shall be provided electronically to the benefit of the Buyer free of charge. On the other hand, the sale agreement concluded via the Shop shall be payable.
In order to ensure security to the Buyer and data transmission in connection with the use of the Shop, the Seller shall take the technical and organisational measures, adequate to the degree of threat to the security of the provided services, in particular the measures used for prevention of acquisition and modification of personal data by unauthorised persons.
The Seller shall take actions aimed at ensuring of fully correct functioning of the Shop. The Buyer should inform the Seller on all irregularities or breaks in the functioning of the Shop.
Any complaints connected with the functioning of the Shop may be lodged by the Buyer via e-mail to the address: support@mudita.com. In the complaint, the Buyer should determine name and surname, correspondence address as well as the type and date of occurrence of the irregularity connected with the functioning of the Shop. The Seller shall examine all complaints within 14 days from the date of complaint receipt and shall inform the Customer on its settlement to the e-mail address of the person lodging the complaint. In the case of complaint lodged in written form reply shall be given in writing to the address indicated in the complaint.
§4
Order placement
In order to place the order, the Buyer shall be obliged to take the following steps:
select the product or products being the subject of the order through clicking of the button: ‘Add to basket’,
from the view of the basket, click the button: ‘Go to checkout’,
determine their name and last name
determine their e-mail address,
determine their phone number,
determine the address for shipment of the order and the invoice data,
select the method of delivery and payment for the order,
acquaint themselves with the Regulations and with the Privacy Policy and accept them - the Buyer shall accept the Regulations only if they have acquainted themselves with their content and actually accept their provisions; acceptance of the Regulations shall be voluntary but necessary for placement of the order,
click the button: ‘I order with payment obligation’.
If the Buyer has selected the method of payment for the order in the form of payment by Adyen system or PayPal system, having clicked the button: ‘I order with payment obligation’, the Buyer shall be moved to the transactional site in order to make the payment for the order. Having made the payment, the Buyer shall be directed back to the site of the Shop with the order placement confirmation. As of that moment, the sale agreement for the products covered by the order shall be considered as concluded between the Buyer and the Seller.
The Buyer has to provide real personal data in the order form. The Buyer shall be liable for provision of untrue personal data. The Seller reserves the right to suspend realisation of the order in the situation when the Buyer has provided untrue data or when this data raises justified doubts of the Seller as to its correctness. In such case, the Buyer shall be informed on the doubts of the Seller via the telephone or via e-mail. In such situation, the Buyer shall be entitled to explain any circumstances connected with verification of the veracity of the provided data. In case of lack of the data allowing the Seller to contact the Buyer, the Seller shall provide all explanations after the Buyer contacts it.
The Buyer represents that all data provided by them in the order form is true, but the Seller is not obliged to verify its veracity and correctness, even though it has such entitlement in compliance with section 3 above.
§5
Delivery Forms and Payment Methods
The orders are delivered to the Buyer only via courier companies.
The delivery costs shall be borne by the Buyer. The Buyer is informed about the cost of delivery at the latest before clicking on the button ‘I order with payment obligation’.
Irrespective of covering the costs of delivery (shipping costs), the Buyer shall be obliged to cover all other costs, including taxes and customs duties resulting from the execution of the order and delivery.
Deliveries shall be realised on the territory of the entire world; however, the Seller may limit their territorial scope (restriction of sales territory) at its sole discretion at any time, however, it does not apply to products already purchased.
The Buyer shall be able to select one of the following methods of payment for the ordered products:
payment via Adyen system,
PayPal system,
bank transfer;
The Buyer may make payment in the following currencies: Polish zloty (PLN), Euro (EUR), American dollar (USD).
§6
Order Realisation
After placement of the order by the Buyer according to the procedure described in § 4 hereof, the order confirmation shall be sent to the e-mail address of the Buyer.
Order realisation shall consist in its preparation for shipment to the Buyer.
The order realisation time shall be each time indicated in the product description.
If the order includes more than one product, the order realisation time shall be the longest time indicated in the description of the product included in the order.
The order realisation time shall be counted from the first business day from the moment of making of the payment for the order, with respect to the public holidays in the territory of the Republic of Poland.
The Seller reserves the right to extend the delivery time due to independent reasons such as customs control or force majeure. Additionally, the Seller reserves the right to extend the delivery time in the case the Seller, in the description of the product included in the order, put information on pre-sale (pre-order).
After realisation of the order, the Seller shall send the order realisation confirmation to the e-mail address of the Buyer and shall start shipment of the order to the Buyer.
Shipment of the order to the Buyer shall be realised in the manner selected by the Buyer in compliance with § 4 section 1 hereof.
The time of delivery of the order to the Buyer shall depend on the shipment method selected by the Buyer and shall be counted from the date of order realisation in compliance with § 6 section 3 hereof.
§7
Withdrawal of the Consumer from the Agreement
The Consumer who has concluded a distance agreement with the Seller shall be entitled to withdraw from the agreement without determination of a reason. The period of withdrawal shall expire after 14 days from the date of taking of the purchased goods into their possession.
To withdraw from the agreement, the Buyer has to inform the Seller (Mudita sp. z o.o. , 02-607 Warszawa, ul. Jana Czeczota 6, phone: +48 223433783, mail: support@mudita.com) on their decision on withdrawal from the agreement in the course of an unambiguous representation (for example, a letter sent to the above-mentioned address by post or via e-mail).
The consumer may use the form of withdrawal from the agreement available at this address, yet it is not obligatory.
In order to observe the time limit for withdrawal from the agreement, it shall be sufficient for the Consumer to send information relating to exercising of the right of the Consumer to withdraw from the agreement before expiry of the time limit for withdrawal from the agreement.
The Consumer shall be obliged to return the product to the Seller or provide it to the person authorised to its collection by the Seller immediately, yet not later than within 14 days from the date of withdrawal from the agreement, unless the Seller proposed its collection by itself. It shall be sufficient to send the product back before expiry of this time limit in order to observe it. The product shall be returned to the address of sending the shipment to the Buyer.
The Consumer shall bear the direct costs of the return of the object.
In case of withdrawal from the agreement, the Seller shall return all payments received from the Buyer, including the lowest cost of product delivery available in the Shop (if the cost was covered by the Consumer), immediately and in every case not later than within 14 days from the date, on which the Seller was informed on exercising of the right to withdraw from the agreement. The return of the payment shall be performed with the use of the same payment methods as the ones used by the Consumer in the original transaction, unless the Consumer expressly consents to another solution. In every case, the Consumer shall not bear any fees in connection with the form of payment return.
If the Seller did not propose collection of the object from the Consumer by itself, it may suspend the return of the payments obtained from the Consumer to the moment of receipt of the object back or delivery of the proof of its sending back from the Consumer, depending on which happens first.
The Consumer shall be liable for a decrease of the value of the product being a result of the use of the product in a manner exceeding the one that is necessary for determination of the character, features and functioning of the product.
§8
Liability for defects
The Seller shall be obliged to deliver the product consistent with the agreement (which includes defect-free product) to the Buyer.
The Seller shall be liable towards the Buyer if the sold product is inconsistent with the agreement including any defect.
If the sold product has is inconsistent with the agreement, the Consumer may demand its repair or replacement.
The Seller may replace the product when the Consumer requests a repair, or the Seller may repair the product when the Consumer requests a replacement, if bringing the sold product into consistency with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the sold product into consistency with the agreement.
When assessing excessive costs for the Seller, any circumstances of the case shall be taken into account, in particular the significance of the inconsistency of the sold product with the agreement, the value of the sold product consistent with the agreement and excessive inconvenience for the Consumer resulting from the change in the manner of bringing the sold product into consistency with the agreement.
The Seller shall repair or replace product, within a reasonable period of time of the date when the Seller was informed by the Consumer regarding inconsistency of the sold product with the agreement, and without undue inconvenience to the Consumer, taking into account the specificity of the product sold and the purpose for which the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.
The Consumer makes the sold product available to the Seller for repair or replacement. The Seller collects the sold product from the Consumer at his own expense.
If the sold product was installed prior to the disclosure of the inconsistency of the sold product with the agreement, the Seller disassembles the sold product and reassembles it after repair or replacement, or orders these actions to be carried out at its own expense.
If the sold product is inconsistent with the agreement, the Consumer may lodge a statement of price reduction or withdrawal from the agreement if:
the Seller refused to bring the sold product into consistency with the agreement in accordance with section 4,
the Seller has not brought the sold product into consistency with the agreement in accordance with section 6 - 8;
the inconsistency of the sold product with the agreement continues, even though the Seller has tried to bring the sold product into consistency with the agreement;
the inconsistency of the sold product with the agreement is significant enough to justify a price reduction or withdrawal from the agreement without prior use of the protection measures referred to in section 3-8,
it is clear from the Seller's declaration or circumstances, that he will not bring the sold product into consistency with the agreement, within a reasonable period of time or without excessive inconvenience to the Consumer.
In case of withdrawal from the agreement, the Consumer immediately returns the sold product to the Seller at the Seller expense.
The Buyer may use the complaint form available at this address, yet it is not obligatory.
The Buyer may contact the Seller in written form, via phone or via e-mail.
The Seller shall present its standpoint on the complaint lodged by the Buyer within 14 days from the date of delivery of the complaint in written form, via phone or via e-mail.
The details relating to the statutory warranty of the Seller for defects are governed by the provisions of the Chapter 5a of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2020, item 287, as amended).
The Seller excludes the possibility of exercising the rights arising from the statutory warranty for defect by the Buyers, who are not Consumers.
§9
Personal data and cookies
The principles relating to personal data processing and use of cookies are found in the Privacy Policy available at the address: https://mudita.com/legal/privacy-policy/.
§10
Out-of-court manners of settlement of complaints and pursuing of claims
The Seller consents to submission of the potential disputes occurring in connection with the sale of the goods in the course of mediation proceedings. The details shall be determined by the parties of the conflict.
The Consumer shall have the possibility to use the out-of-court manners of settlement of complaints and pursuing of claims. Inter alia, the Consumer shall be able to:
apply to the Permanent Consumer Arbitration Court for settlement of a dispute resulting from the concluded sale agreement,
apply to the Voivodeship Inspector of the Trade Inspection for institution of mediation proceedings relating to amicable settlement of the dispute between the Buyer and the Seller,
use the assistance of the poviat (municipal) Consumer Ombudsman or a social organisation, the statutory tasks of which include protection of consumers.
In case of customers being citizens of the Republic of Poland, more detailed information on the out-of-court manners of settlement of complaints and pursuing of claims may be searched for by the Consumer on the website: http://polubownie.uokik.gov.pl.
The Consumer may also use the ODR platform available at the address: http://ec.europa.eu/consumers/odr. The platform is used for settlement of disputes between consumers and entrepreneurs striving for the out-of-court settlement of a dispute relating to contractual obligations resulting from an online sale agreement or service agreement.
§11
Final Provisions
The Seller reserves the right to introduce and cancel offers and promotions as well as to change the prices of the products in the Shop without prejudice to the rights acquired by the Buyer, including in particular the terms & conditions of the agreements concluded before making of the change.
The Seller reserves the possibility to change the Regulations. The Regulations being in force on the date of agreement conclusion shall be applicable to the agreements concluded before their change.
The Buyers having an account in the Shop shall be informed on every change of the Regulations via e-mail to the e-mail address assigned to the account. In case of lack of acceptance of the content of the new Regulations the Buyer shall be entitled to terminate the account keeping agreement at any time through deletion of the account or submission of a relevant representation on termination of the account keeping agreement in any form to the Seller.
Provisions of the Polish law shall be applicable to the issues not governed herein.
The provisions of Regulations regarding the Consumer, shall apply in their entirety to natural persons concluding agreement covered by Regulations directly related to their business activity, when it appears from the content of these agreements that they do not have a professional character for such natural persons (in this case they are treated as Consumers).
These Regulations shall enter into force as of 1st of January 2023.