These Terms and Conditions shall apply from 1.01.2020.
§ 1. GENERAL PROVISIONS
1.1. The owner of the online shop accessible at the Internet address mamoi.me (hereinafter: “Site” or “Website“) is: ELJOT Spółka z ograniczoną odpowiedzialnością (limited liability company) headquartered in Cracow, Smolki 8/2, 30-513 Kraków, registered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000394282, whose registration files are kept by the District Court for Kraków Śródmieście in Cracow, XI Economic Department of the National Court Register, with the REGON number: 121847518, NIP: 5130226633, with the share and paid-up capital of PLN 100,000.00 (hereinafter: “Service Provider“).
1.2. The Service Provider runs an online shop on the Website (hereinafter: “Shop“), which offers sales of goods and provision of electronic services. The rules of using the Shop are specified in these Terms and Conditions (hereinafter also: “T&C“). In regards to on-line services these T&C are the regulations referred to in the Article 8 of the Act of 18 July 2002 on provision of electronically supplied services (consolidated text: Journal of Laws – Dz. U. 2019, item 123).
1.4. These Terms and Conditions are addressed both at Consumers and Entrepreneurs using the online Shop, electronic services or concluding booking agreements (except for that part of the Terms and Conditions which is addressed solely at Consumers).
1.5. Acceptance of the Terms and Conditions is voluntary but necessary in order to create an account or to place an order by the Customer.
1.6. Information presented on the Website or, in case of possibility to place orders there, on any other remote means of communication, an e-mail order confirmation are only an invitation to conclude an agreement within the meaning of art. 71 of the Polish Civil Code, sent by the Service Provider to the Customers, and not an offer within the meaning of the Polish Civil Code.
1.7. The buyer of goods offered in the Shop is (1) a natural person or acting through an authorised person, (2) a legal person, (3) a natural person concluding a contract directly related to his/her business activity, where the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the regulations of the Central Register and Information on Economic Activity or (4) an organizational entity without legal personality, attributed legal capacity under the act, with full legal capacity. If the Customer is a natural person with limited legal capacity, he undertakes to obtain the legally effective consent of his/her statutory representative to conclude the contract and to present such consent at any request of the Service Provider. However, as a rule, contracts concluded on the Website are contracts commonly concluded in minor, everyday issues.
1.8. A Customer who is a natural person who places an order in the Shop not directly connected with his/her economic or professional activity is hereinafter referred to as the “Consumer“.
1.9. Browsing the content of the website does not require any specific data, in particular the creation of an account on the Website. An account is a set of resources in an ICT system marked with an individual name (login) and a password provided by the Customer, enabling the Customer to use additional functionalities/services. The Customer obtains an access to the account by entering his/her login and password. The Customer logs into his/her account after registration on the Website. The account enables saving and storing information about the Customer’s address details for the delivery of products, tracking the status of orders and accessing the history of ordered products.
1.10. Contact with the Service Provider is possible under the following e-mail address [email protected]
§ 2. GENERAL TERMS OF SALE
2.1. Goods are sold by the Shop by concluding a sales agreement online. The sales agreement is concluded by placing an order by the Customer and confirming its reception by the Service Provider. A sales agreement within the meaning of the Polish Civil Code, involving the sale of goods indicated in the order by the Service Provider, at a price plus any additional charges, including shipping costs, is concluded via the Internet;
2.2. The subject of the sales agreement may be the goods presented on the Website and offered by the Shop at the time of placing the order. The Shop offers new products, new products with defects and new personalised products.
2.3. The product prices offered by the Shop are gross prices and include VAT. The prices do not include delivery costs, which are specified at the time of placing the order.
2.4. Orders placed by Consumers shall be fulfilled at the prices applicable on the date of placing the order, shown on the photo or description of a product. Prices of goods are retail prices and include all applicable taxes. Orders placed by other Customers who are not Consumers (in particular those containing NIP number and/or company identification data) shall be fulfilled at the prices given by the Shop in the order confirmation.
2.5. The Shop sells its goods in the European Union, the United Kingdom and the United States of America.
2.6. The Service Provider through its online Shop available at the website mamoi.me does not offer wholesale of goods. If you intend to place an order for a large volume of goods or their high value, you are kindly requested to contact the Service Provider in advance, as indicated in § 1. point 1.8 of the Terms and Conditions. Orders placed in violation of the terms mentioned in this paragraph will not be confirmed by the Service Provider. Should you wish to enter into commercial cooperation with the Service Provider in the wholesale field, we encourage you to contact the Service Provider directly as indicated in § 1. point 1.8 of the Terms and Conditions.
2.7. Orders placed in the Shop cannot be combined, in particular by combining separate orders within one shipping.
2.8. It is not possible to combine or stack discount codes together or with other promotions (work on full-price products only).
2.9. Orders with obligation to pay cannot be edited.
§ 3. SIGN UP ON THE WEBSITE
3.1. Orders may also be placed without prior registration on the Website.
3.3. After registration, the user is provided with an account, which allows the identification of actions taken by the User on the Website, including placing orders in the Shop. Within the created account, the Customer has the possibility to add an avatar, which will be displayed in his/her account, as well as additional data, which are voluntary, e.g. information about the delivery addresses and possibly data necessary for issuing a VAT invoice.
3.4. Access to an account is possible after entering the login and password assigned to a particular account. The password must be kept secret and protected from unauthorised access by third parties.
3.5. The Service Provider allows the Customer to delete his/her account at any time by sending an appropriate request to the Service Provider’s address [email protected] Deleting the account does not affect the execution of placed orders which have been confirmed by the Service Provider (the agreement has been concluded, which does not exclude the Customer from the right of withdrawal according to the rules described in the Terms and Conditions).
3.6. The account management service on the Website is performed by the Service Provider free of charge.
§ 4. ORDERS
4.1. An order is a form of a declaration made by the Customer in electronic form using the Internet and the Website’s functions to conclude a sales agreement for goods of his choice from among those currently available in the Shop and presented on the Website for a price which is the total of prices of selected goods and delivery costs.
4.2. An order may be placed by the Customer through the Website, 24 hours a day, 7 days a week throughout the year.
4.3. Choosing goods for an order is performed by adding them to a shopping list – a cart. It is possible to verify the cart content at any time.
4.4. At the time of placing the order, the Customer may wish to receive either a receipt or a VAT invoice, which can be attached to the shipped package or sent via e-mail to the indicated e-mail address in the form of digital invoice, such as: VAT invoices with attachments, corrective VAT invoices with attachments and forms. This consent shall also authorise the Service Provider to issue and send VAT invoices in electronic form, in accordance with art. 106n of the Act on Tax on Goods and Services of 11 March 2004 (Journal of Laws – Dz. U. of 2018, item 2174, as amended).
4.5. The order confirmation shall include a link to the online payment service provider.
4.6. The Shop may contact the Customer by phone or e-mail with regard to order placed or its processing.
4.7. In case of any discrepancies in the order confirmation message, the Customer should contact the Shop by e-mail at [email protected], specifying the order number.
4.8. The order will be delivered to the address specified by the Customer in the order.
4.9. The Service Provider agrees to deliver the ordered goods to the Consumer in the same condition as described. The Service Provider may also sell goods with minor defects.
4.10 Orders placed in the Shop cannot be combined, in particular by combining separate orders within one shipping.
4.11. The total amount of the order covers the price and shipping costs. The Service Provider may set a minimum order value for which the delivery of the products is free of charge at any time. The Customer is informed about total cost of ordered products, including taxes, as well as delivery costs (including transport and delivery charges) and any other costs, and if the amount of such charges cannot be estimated – about the duty to pay them, while placing the order, also at the time when the Customer declares his willingness to conclude the sales agreement.
§ 5. PAYMENTS
5.1. The Customer may choose one of the following payment methods for the ordered products: a) online payment via Stripe, b) online payment via PayPal.
5.2. The customer must first accept the conditions of the payment method services in order to use any online payment system. The conditions of these services are available in the link visible on the Website.
5.3. The shop does not sell or ship by payment on delivery.
§ 6. ORDER PROCESSING AND SHIPPING CONDITIONS
6.1. In case of lack of payment or missing order confirmation from the Service Provider within 3 working days, the order will be cancelled by the Service Provider, which will be communicated to the Client via e-mail.
6.2. The order processing begins:
a) in case of orders paid by bank transfer – after the payment is credited to the Service Provider’s bank account,
b) in case of online payment via the Stripe or PayPal system – at the moment when the Customer receives an automatic e-mail informing that the payment has been successfully processed,
6.3. The order is shipped when all goods ordered by the Customer are completed and ready for dispatch, which may take up to 21 days. The Customer will receive a final notification as soon as the order is sent to the Customer.
6.4. After the order has been sent to the Customer, it takes between 1 and 14 working days for the Order to be delivered, depending on the selected shipping method and the country of destination. The delivery time may change due to customs and tax procedures, which is out of the Shop’s control and for which the Shop bears no responsibility.
6.5. Any changes in shipping or cancellation of an order under the conditions described in the Terms and Conditions are only possible by contacting the Shop at [email protected]
6.6. The Customer may only withdraw an order by sending an e-mail to [email protected] The Customer cannot cancel an order which has been already sent (the Customer has received a notification e-mail). The above does not exclude the Consumer’s right to withdraw from the agreement described in § 7 of the Terms and Conditions.
6.7. Should the Shop be out of product or products included in the Customer’s order and it is not possible to purchase them from suppliers within the time period provided for the fulfilment of the order, the Service Provider shall inform the Customer about this fact by sending a message to the e-mail address provided by the Customer or by phone, to propose an alternative product, divide the order into parts or cancel the order in full or in part.
§ 7. ORDER CANCELLATION
7.1. A Customer who has concluded a contract at a distance may withdraw from it within 30 days without giving any reason and without having to pay any costs other than those provided for by law. It is sufficient for the Customer to inform the Service Provider before the deadline expires. The Customer may make any explicit statement, in which he/she informs about his/her withdrawal from the sales agreement. A statement of withdrawal from the sales agreement may be made, for example:
a) in writing to the following address: ELJOT, Smolki 8/2, 30-513 Kraków, POLAND;
b) by using the withdrawal form in Appendix 1 to these Terms and Conditions.
7.2. The Customer may use the withdrawal form but it is not required.
7.3. The withdrawal deadline for the sales agreement starts from the day on which the Customer or a third party indicated by the Customer, other than the carrier, receives the product and in case of a sales agreement which:
a) involves several products delivered separately, in batches or in parts, from the time when the last product, batch or part is delivered, or
b) consists of the regular delivery of products for a fixed period – from the time when the first product was delivered.
7.4. In case of withdrawal from a contract concluded at a distance, the contract shall be deemed not to have been concluded.
7.5. The Service Provider is obliged to refund to the Customer immediately, but not later than within 14 days from the date of receiving the Customer’s withdrawal form and the goods in an unchanged condition to the address from which the goods were sent, all payments made by the Customer, including the delivery costs (with the exception of any additional costs resulting from the method of delivery chosen by the Customer other than the cheapest possible delivery method available on the Website).
7.6. The Service Provider shall refund the payment using the same payment method as the Customer used.
7.7. The Customer shall bear the full cost of returning the product, unless the Shop informs the Customer about the discount to cover the return costs (Cost of sending the products back to the Service Provider).
7.8. The Consumer shall be responsible for any decreased value of the products returned due to the withdrawal from the contract as a consequence of using it in a way exceeding what is necessary to determine the type, characteristics and functionality of the products, as well as resulting from improper packing or delivery of a damaged product to the Service Provider.
§ 8. COMPLAINT CONDITIONS
8.1. In case the sold product has a physical or legal defect (warranty), the basis and scope of the Service Provider’s responsibility towards the Customer are defined in the regulations of the Civil Code Act, in particular in art. 556 and following of the Polish Civil Code.
8.2. The Service Provider is obliged to provide the Customer with the product that corresponds to the description.
8.3. A complaint may be submitted by the Customer in writing for example to the following address ELJOT Sp. z o. o. with registered office in Cracow, Smolki 8/2, 30-513 Kraków, with the note “Complaint” or electronically to the e-mail address: [email protected] by submitting a completed complaint form (description of the complaint, scope of complaint). If the complaint refers to a product it is usually recommended to deliver it to the Service Provider together with the request to investigate the complaint. The Service Provider must be contacted to schedule a courier to pick up the faulty products.
8.4. If a product sold is faulty, the Customer may:
a) make a statement to lower the price or withdraw from the sales agreement, unless the Service Provider replaces the faulty product with a new one without any defects or removes the defect immediately and without any significant inconvenience for the Customer. The reduced price shall be in such proportion to the price determined in the sales agreement, where the value of the faulty product remains proportional to the value of the product without any defects. The Customer may not withdraw from the agreement if the product defect is minor and/or insignificant;
b) demand to replace the faulty product with a new one or to remove the defect. The Service Provider is obligated to replace the faulty product with a new one or remove the defect within a reasonable time frame without causing any unreasonable inconvenience to the Customer;
with the restrictions and under the regulations defined in the relevant articles of the Polish Civil Code.
8.5. Instead of the removal of defects proposed by the Service Provider, the Consumer may require the product to be replaced with a new product free from defects or instead of replacing the product, the Customer may require the defect to be removed, unless it is impossible or would require excessive costs to bring the product in conformity with the agreement in the way selected by the Consumer, in comparison with the solution proposed by the Service Provider. Evaluating the excessive costs it is necessary to take into account the value of the defect-free product, as well as the type and importance of the defect and the inconvenience to which the Consumer would be exposed by another way of satisfaction.
8.6. It is recommended for the Customer to provide in the complaint description: (1) information and circumstances regarding the subject matter of the complaint, in particular the type and date of the defect occurrence; (2) request for the method required to ensure that the product conforms to the sales agreement or statement about price reduction or withdrawal from the sales agreement; and (3) contact details of the person making the complaint – this will simplify and facilitate handling a complaint by the Service Provider. The requirements specified in the above sentence are only recommendations and do not affect the effectiveness of complaints submitted with the omission of the suggested description of the complaint.
8.7. The Service Provider will respond to the complaint regarding the product immediately, but not later than within 14 days from the date of receiving the complaint. If the Customer has requested a product replacement or removal of defects or has made a declaration of price reduction, specifying the amount the price should be reduced by, and the Service Provider has not responded to this request within 14 days of its receipt, it is considered that the request is justified.
8.8. If the delivery of the product to the Service Provider is necessary for the Service Provider to respond to the Customer’s complaint or to fulfil the Customer’s warranty rights, in accordance with art. 561(2) in connection with art. 354 § 2 of the Polish Civil Code, the Customer is obliged to deliver the Product at the Service Provider’s expense.
8.9. The Service Provider is liable under the warranty if a physical defect is discovered before the expiry of two years from the date of delivery of the product to the Customer. A claim for defect removal or product replacement for a new one expires after one year from the date of finding the defect. However, in the case of an order placed by a Consumer, the period of limitation shall not end before the expiry of the period referred to in the first sentence.
8.10. The use of out-of-court complaint and redress procedures is voluntary..
8.11. Detailed information about the possibility of using out-of-court complaint and claim procedures by the Customer who is a Consumer, as well as the rules of access to these procedures are available in the offices and on the websites of district (city) consumer spokesmen.
§ 9. PERSONAL DATA
§ 10. FINAL CLAUSES
10.1 The exclusive rights to the content provided/posted on the Website by the Service Provider, in particular the copyrights, the Website name (trademark), including the graphics, the software and the rights to the databases as well as the information about the products or the design, are protected by law and belong to the Service Provider or the entities, that the Service Provider has concluded the appropriate agreements with. The Customer is entitled to use the above mentioned content free of charge, as well as to use the content posted in accordance with the law and already distributed by other Customers on the website, but only for personal use and solely for the purpose of proper use of the website, throughout the world. Any other use of the content is only allowed on the basis of an explicit, prior consent granted by an authorised entity, in writing under pain of nullity. In case of violation of section 11.1 and using the content posted/shared on the Website and other sales platforms for purposes other than personal and in case of using the content posted/shared on the Website and other sales platforms for commercial and business purposes without the prior written consent of the Service Provider, the User declares that he/she voluntarily submits to a license fee for the use of the Content in the amount of 100,000 euros (in words: one hundred thousand euros) for each commenced calendar month in which the content is used.
10.2. For matters not regulated by these Terms and Conditions, the regulations of Polish law shall apply, in particular – the Act of 24 June 2014 on consumer rights (Journal of Laws – Dz. U. of 2019, item 134), the Act of 23 April 1964 – Civil Code (Journal of Laws – Dz. U. of 2018, item 1025, as amended).
10.3. Any disputes that may arise between the Customer who is not a Consumer and the Service Provider shall be resolved by the competent court for the seat of the Service Provider..
10.4. All the names of the products offered by the Shop for sale are used for identification purposes and may be protected and reserved under the terms of the Industrial Property Law Act, Copyright Act and other related rights.
10.5 These Terms and Conditions apply to orders placed after 1.01.2021.
10.6. For proper use of the Website, you must have a computer system that meets the following requirements:
a) screen resolution of at least 1024×768 pixels;
b) Internet access;
c) Internet browser like e.g. Internet Explorer, Mozilla Firefox, Google Chrome, in the latest version, with cookies enabled;
d) an account and an email address to receive e-mail messages
10.7. The Service Provider reserves the right to temporary disruptions and interruptions in the functioning of the Website. However, this should not affect the processing of the confirmed orders.
10.8. The Customer declares that the data provided to the Service Provider, in particular personal and company data, delivery and mailing addresses, are accurate and complete. If the data changes, the Customer is required to notify the Shop about it by updating the details on the account created during registration.
10.9. In case of any amendments to the Terms and Conditions, the Service Provider shall ensure access to the consolidated text of the Terms and Conditions by publishing it on the Website, which shall be considered by the parties as the insertion of information on the amendment to the electronic means of communication in such a way that the Customer is able to familiarise him/herself with its content.