This site has limited support for your browser. We recommend switching to Edge, Chrome, Safari, or Firefox.

MOYHA STORE REGULATIONS

(hereinafter also referred to as: "Regulations" )

 

GENERAL PROVISIONS

§1.

DEFINITIONS

 

These Regulations define the terms and conditions of concluding a Sales Agreement and the rules of using the services provided by moyha sc with its registered office in Banino (hereinafter referred to as: "moyha"), using the online store www.moyha.com (hereinafter referred to as: "moyha store") and define the rules and conditions of providing free services by moyha electronically. Whenever the following capitalized terms are used in the further part of the Regulations, they should be understood in the meaning given below, unless the context of their use clearly indicates otherwise:

 

  1. Price - a specified amount of remuneration due to the Seller for the performance of the Sales Agreement on behalf of the Customer;
  2. Client - a natural person with full legal capacity or a legal person or an organizational unit without legal personality, properly represented by an appropriate natural person who accepts the Regulations;
  3. Consumer - a Customer who is a natural person concluding a Sales Agreement with the Seller for purposes not directly related to his or her business or professional activity;
  4. Customer Account/Account - space provided to the Customer within the Store in accordance with the Service Provision Agreement, allowing the Customer to use additional functionalities/services. The Customer gains access to the Customer Account using a login and password. The Customer logs into their Account after registering on the Store's website;
  5. Regulations - this document, specifying the rules for concluding Sales Agreements and the rules for providing and using services offered by the Seller through the Store for the benefit of Customers. The Regulations specify the rights and obligations of the Customer and the Seller. In the scope of services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of services by electronic means;
  6. Shop - the platform www.moyha.com (hereinafter referred to as the "moyha shop") enabling the conclusion of a Sales Agreement and the provision of services offered by the Seller, run by the Seller;
  7. Seller – moyha sc, hereinafter referred to as “moyha”.
  8. Goods – a product offered by moyha via the Online Store Website www.moyha.com.
  9. Sales Agreement - an agreement concluded using means of distance communication and concerning the delivery of goods by the Seller to the Customer in return for payment of the Price;
  10. Service Provision Agreement - this document defining the rules for concluding Sales Agreements and the rules for providing and using free services offered by the Seller through the Store for Customers. This document defines the rights and obligations of the Customer and the Seller. In the scope of services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of services by electronic means;
  11. Order - a form made available within the Store, specifying the scope of the Sales Agreement and the Customer's data necessary for the conclusion and execution of the Sales Agreement.

RULES FOR PROVIDING SERVICES ELECTRONICALLY

§2.

CONCLUSION OF AN AGREEMENT FOR THE PROVISION OF FREE SERVICES

 

  1. The Seller provides free of charge, through the Store, a service enabling Customers to place Orders and conclude Sales Agreements, as well as maintain an Account.
  2. The Service Provision Agreement is concluded upon the effective completion and acceptance by the Customer (sending to the Seller) of the registration form in order to create a Customer Account or, in the absence of registration, to make a purchase. The conclusion of the Service Provision Agreement requires acceptance of the Regulations. In the event that the Customer uses the Store without creating an Account and without purchasing Goods, they should comply with the provisions of the Regulations to the extent to which they actually use the services provided by the Seller.
  3. The recording, securing, making available and confirmation to the Customer of the essential provisions of the Service Provision Agreement shall be made by means of an e-mail message sent to the e-mail address provided by the Customer in the registration form or in the purchase process if the transaction is made without registration.
  4. The Service Provision Agreement is concluded within the Store in Polish, for an indefinite period.
  5. Within the Store, the Seller undertakes to provide the above-mentioned services, to the extent and under the terms specified in the Regulations.
  6. The condition for using the services indicated above is that the end device and IT system used by the Client meet the minimum Technical Requirements.
  7. In order to ensure proper execution of the Sales Agreement, the Customer is obliged in particular to:

a. providing only true, current and all necessary data of the Customer in the Order;

b. immediately update the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of the Sales Agreement, to the extent necessary for their proper execution;

c. use the Store in a manner consistent with the provisions of applicable law, the provisions of the Regulations, as well as with the customs and principles of social coexistence adopted in a given scope, including in a manner that is not burdensome for other Customers and for the Seller and does not disrupt the work of the Seller or the Store;

d. timely payment of the Price and other costs agreed by the Customer and the Seller.

8. The customer is also obliged to:

a. not to provide or transmit within the Store any content prohibited by applicable law, in particular content violating the property copyrights of third parties or their personal rights;

b. not to take actions such as:

- sending or placing unsolicited commercial information in the Store or placing any content that violates the provisions of the law (prohibition of placing illegal content);

- undertaking IT activities or any other activities aimed at obtaining information not intended for the Client, including data of other Clients;

- unauthorized modification of the content provided by the Seller, in particular the Prices or descriptions provided in the Store;

- abuse of rights granted to the Customer by the Seller or legal provisions in a manner that is contrary to the socio-economic purpose of the given right or to the principles of social coexistence.

§3.

SERVICE COMPLAINTS

 

  1. The Customer has the right to submit a complaint regarding the services provided by the Seller at any time.
  2. The Customer may file a complaint to the Seller regarding the services provided by him, in particular in writing or by contacting him by phone or e-mail. In order to speed up the processing of the complaint, please provide in the complaint a short description of the reasons justifying the complaint and the contact details of the Customer filing the complaint.
  3. The complaint will be considered by the Seller within 14 days of the Seller receiving the Customer's complaint.

 

RULES FOR SALE OF GOODS BY THE SELLER

§4.

CONCLUSION AND PERFORMANCE OF THE SALES AGREEMENT

 

  1. The information provided in the Store constitutes an invitation to conclude an Agreement within the meaning of Article 71 of the Civil Code, addressed by the Seller to the Customers. The conclusion of a Sales Agreement does not require the Customer to have an Account.
  2. The Seller enables the Customer to place an Order in the following manner, in sequence (technical steps constituting the procedure for concluding the Sales Agreement):

a. Orders can be placed 24 hours a day, 7 days a week;

b. The Customer indicates its quantitative parameters, colour and size in the Order form;

c. The customer adds items to the cart;

d. The Customer completes the data necessary to place the Order and execute the Sales Agreement (including, in particular, the delivery address, e-mail address and telephone number);

e. until the Customer activates the functionality marked with the message "I am ordering", the Customer has the option to independently correct the data entered in the Order, in particular to edit and correct them;

f. The Customer places an Order with the Seller by launching the Store functionality marked with the message "I am ordering", meaning that the Order placed by the Customer entails the obligation to pay the Price;

g. the moment the Customer clicks the "Order" button and places the Order (the Customer's declaration of intent to conclude an agreement with the Seller), the Sales Agreement is deemed to be concluded;

h. after placing the Order, the Customer will receive an e-mail containing all the essential elements of the Order, which confirms the conclusion of the Sales Agreement.

3. The conclusion of the Sales Agreement takes place via means of distance communication, i.e. the Internet.

4. The content of the concluded Sales Agreement shall be recorded, secured, made available and confirmed to the Customer by sending an e-mail to the Customer containing confirmation of the conclusion of the distance contract within the meaning of Art. 21 of the Consumer Rights Act.

§5.

PAYMENT AND REFUND RULES

 

  1. Prices on the moyha store website posted for a given product:

a. are gross prices (including VAT) and are specified, at the Customer's discretion, in Polish zloty or Euro.

b. they do not contain information regarding Delivery costs;

c. do not contain information on possible customs duties.

2. The final price binding the parties to the sales agreement is the price of the Goods contained on the moyha store website at the time of placing the order by the Customer. Information on the total value of the order is specified each time in the "CART", after the Customer has selected the form of Delivery and specified the form of payment.

3. The Customer may choose the following forms of payment for the ordered Goods:

a. cash on delivery, payment to the Supplier upon delivery (in this case, the execution of the order and its shipment will commence after moyha sends the Customer confirmation of acceptance of the order);

b. by bank transfer to the Seller's bank account (in this case, the execution of the order will be commenced after moyha sends the Customer a confirmation of acceptance of the order, and the shipment will be made once the funds have been credited to moyha's bank account);

c. via the Przelewy24.pl service (provided by PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court of Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068), hereinafter referred to as "Przelewy24.pl" by bank transfer or credit/debit card (in this case, the execution of the order will begin after moyha sends the Customer a confirmation of acceptance of the order and after moyha receives information from the Przelewy24.pl service about the payment made by the Customer).

d. via the PayPal.pl service (provided by PayPal (Europe) S.à rl et Cie, SCA, a credit institution (or bank) authorised and supervised by the Luxembourg Financial Sector Supervisory Commission, Commission de Surveillance du Secteur Financie (or CSSF). CSSF headquarters: 283, route d'Arlon, L-1150 Luxembourg. Commercial register number: RCS Luxembourg B 118 349, VAT number: LU22046007), hereinafter referred to as "PayPal.pl" by bank transfer or credit/debit card (in this case, the execution of the order will begin after moyha sends the Customer a confirmation of acceptance of the order and after moyha receives information from PayPal.pl about the payment made by the Customer).

4. Possible acceptable payment methods are presented within the Store (within the Order form and within the Store)

5. The consumer may also agree to the refund using other means of payment than those used in the initial transaction, which will not entail any costs for him.

§6.

DELIVERY OF GOODS

 

  1. The shipment is delivered to the address provided by the Customer in the Order.
  2. The total waiting time for the Customer to receive a given product (delivery time) consists of the time it takes the Seller to process the Order and the time it takes the carrier to deliver the goods. The time it takes the carrier to deliver the goods is a maximum of 3 business days (Monday to Friday, excluding public holidays). The time it takes the Seller to process the Order is counted from the moment the Order is placed and paid for until it is shipped. In a situation where the Buyer has purchased products with different delivery times within one order, the order will be processed within the time appropriate for the product with the longest delivery time.
  1. The cost of delivery of goods is borne by the Customer. Information on the amount of delivery costs is provided on the moyha store website.
  2. The Customer should examine the delivered shipment within the time and in the manner accepted for shipments of a given type, in the presence of an employee of the Supplier.
  3. The Customer has the right to demand that the Supplier’s employee draw up an appropriate protocol in the event of a loss or damage to the shipment.
  4. In the event of the Customer's absence at the address provided by them when placing the order, as the Delivery address, the Supplier's employee will leave a notice. In the event of the return of the ordered Goods to the moyha store by the Supplier, moyha will contact the Customer by e-mail or telephone, re-establishing with the Customer the date and cost of Delivery.
  5. Goods ordered in the Store are delivered only in the territory of the Republic of Poland. The Seller may gradually expand the scope of possible deliveries to other countries. Information on delivery restrictions (including a list of countries to which the Seller delivers goods) can be found in the Store.

§7.

COMPLAINTS ABOUT GOODS

 

  1. The Seller complies with the legal obligation to deliver to the Customer goods in accordance with the contract.
  2. If the goods received by the Customer are inconsistent with the contract, the Customer may exercise the rights specified in Chapter 5a of the Consumer Rights Act.
  3. The Seller shall be liable for the lack of conformity of the goods with the contract, in the case of goods purchased from 01.01.2023, at the time of its delivery and disclosed within two years from that time. In the case of goods purchased by 31.12.2022, the Seller shall be liable under the warranty for a defect in the goods if the defect is found before the expiry of two years from the date of delivery of the goods. It is presumed that the lack of conformity of the Goods with the contract, which became apparent before the expiry of two years from the date of delivery of the Goods, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract.
  4. In the case of goods purchased from 01.01.2023, if the goods sold are inconsistent with the contract, the Customer who submits a complaint is entitled in particular to:

a. demand that the goods be brought into conformity with the contract by repair or replacement.

b. submitting a declaration of price reduction or withdrawal from the contract

in a situation where:

- The Seller refused to bring the goods into conformity with the contract in accordance with Article 43d paragraph 2 of the Consumer Rights Act;

- The Seller has not brought the goods into conformity with the contract in accordance with Article 43d paragraphs 4-6 of the Consumer Rights Act;

- the lack of conformity of the goods with the contract persists despite the fact that the Seller has attempted to bring the goods into conformity with the contract;

- the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protective measures specified in Article 43d of the Consumer Rights Act;

- it clearly follows from the Seller's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Customer.

        

In the case of goods purchased by 31/12/2022, when submitting a complaint, the Customer is entitled in particular to:

a. submitting a declaration of a price reduction or withdrawal from the contract if the defect is significant – in such a case the seller may immediately and without excessive inconvenience to the Customer replace the complained Goods with new ones or remove the defect

or

b. demand removal of the defect in the goods or replacement of the goods with defect-free ones – also in this case, the seller may immediately and without excessive inconvenience to the Customer repair the goods (in the case of a request for replacement with a new one) or replace the defective goods with a new one (in the case of a request for repair).

5. In the case of goods subject to repair or replacement, the Customer should make this goods available to the Seller. The Seller collects the goods from the Customer at its own expense - applies to goods purchased from 01.01.2023.

  1. The Customer (including the Consumer) may submit their claims regarding the non-conformity of the goods with the contract, in particular by mail to the following address: Moyha sc, Dąbrowa 1 E, 80-297 Banino or by e-mail to the following address: shop@moyha.com or by filling in the appropriate complaint form available on the moyha.com website. In the complaint, in order to speed up its consideration, please provide the reason for the report, the claim made by the Customer and the Customer's contact details. If the complaint does not contain the information necessary to consider the complaint, the Seller will contact the Customer to obtain it.
  2. If, due to the non-conformity of the goods with the contract, the Customer has made a declaration of a price reduction or withdrawal from the contract, the Seller has delivered goods in accordance with the contract instead of the non-conforming goods or has repaired the goods, the Customer may demand compensation for the damage he suffered due to the fact that he concluded the Sales Agreement without knowing about the non-conformity of the goods with the contract, in particular he may demand reimbursement of the costs of concluding the contract, the costs of collecting the goods and reimbursement of the expenses made to the extent to which he did not benefit from these expenses, which does not violate the provisions on the obligation to repair the damage on general terms.
  3. Complaints are not subject to:

a. natural wear and tear of the product

b. mechanical damage/obvious defects/discoloration/soaking visible upon receipt of the package and not reported immediately after being discovered.

§8.

WITHDRAWAL FROM THE CONTRACT/RETURN

 

  1. The Consumer has the right to withdraw from the Sales Agreement for Goods concluded within the Store within a period of 14 days, without giving any reasons and without incurring any costs other than those provided for by law.
  2. The consumer cannot withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. It is presumed that the lack of conformity of the Goods with the contract is material.
  1. The consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the Seller. Such a declaration may be submitted using the model withdrawal form available on the website www.moyha.com (compliant with the statutory model form referred to in art. 30 sec. 1 of the Consumer Rights Act).
  2. If the Consumer submits a declaration of withdrawal via e-mail, the declaration should be sent to the following address: shop@moyha.com. If the Consumer submits a declaration of withdrawal in writing, the declaration should be sent to the following address: Moyha sc, Dąbrowa 1E, 80-297 Banino. To meet the deadline, it is sufficient to send the declaration before it expires.
  3. The 14-day period for withdrawal from the contract begins in the case of a Sales Agreement – ​​from the moment the Consumer or a third party indicated by him other than the carrier takes possession of the goods. If the Sales Agreement covers many goods that are delivered separately, in batches or in parts – from the moment the last item (goods), batch or part is taken into possession.
  4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract together with the returned goods, return to the Consumer all payments made by him. The Seller shall return the payment using the same method of payment that the Consumer used, unless the Consumer has expressly agreed to another method of return that does not involve any costs for him.
  1. The consumer is obliged to return the returned goods to the Seller or to hand over the goods to a person authorized by the Seller to collect them immediately, but no later than 14 days from the day on which he withdrew from the contract, unless the Seller - under separate conditions - offers the Consumer the possibility of collecting the returned goods from him. To meet the 14-day deadline, it is sufficient to send the goods back before it expires. Please pack and secure the returned goods so that they are not damaged in transit.
  2. Returned goods should be sent to the following address: Moyha sc, Dąbrowa 1 E, 80-297 Banino.
  3. The consumer bears the costs of returning the goods.
  4. The consumer is liable for any reduction in the value of the returned goods resulting from their use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods. The seller reserves the right to seek compensation from the consumer to the extent permitted by applicable law.

§9.

PERSONAL DATA

 

  1. Personal data of Store Customers in the process of placing an Order will be processed in accordance with the provisions of the General Data Protection Regulation (GDPR), i.e. 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.
  2. The administrator of personal data is the Seller.
  3. The Data Administrator will process the personal data of Customers for the purpose of executing the Sales Agreement, as well as for the purpose of running the Store and for other purposes to which the Customer has consented or which result from the Customer's instructions or the agreement between the Seller and the Customer.
  4. The Administrator may entrust the processing of Customers' personal data to other entities (subcontractors or business partners), in accordance with the provisions of the General Data Protection Regulation (GDPR), i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council of 270 April 2016. The Administrator keeps records of persons authorized to process personal data.
  5. Providing personal data by Customers is always voluntary. However, failure to provide data marked as necessary prevents the placement of an Order and the execution of the Sales Agreement.
  6. The Store Customer has the right to access the content of his/her data and to correct it under the conditions specified in generally applicable provisions, in particular in the Personal Data Protection Act.

CHANGES TO REGULATIONS / FINAL PROVISIONS

§10.

CHANGES TO REGULATIONS

 

  1. The Regulations enter into force on 25/10/2016, together with subsequent amendments, and are available on the Store's website.
  2. The Seller reserves the right to change the Regulations if at least one of the important reasons indicated below occurs (closed list):

a. a change in the legal provisions regulating the delivery of goods or provision of services electronically by the Seller affecting the mutual rights and obligations specified in the Sales Agreement;

b. the need to adapt the Seller's activities to orders, judgments, decisions or guidelines resulting from:

- a decision of a public administration body competent in the scope of the Seller's activity or

- a court decision applicable to the scope of the Seller's activities affecting the mutual rights and obligations specified in the Sales Agreement;

c. a change in the method of providing services electronically by the Seller caused solely by technical or technological reasons (in particular updating of the Technical Requirements);

d. changing the scope or principles of providing services by the Seller to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing by the Seller the existing functionalities or services covered by the Regulations and offered to the Consumer.

3. Changes to the Regulations do not affect the content and terms of Sales Agreements concluded by the Customer.

4. In the event of any changes to the Regulations, the Seller will make the consolidated text of the Regulations available by publishing it on the Store’s website.

§11.

FINAL PROVISIONS

 

  1. The law applicable to the conclusion of the Sales Agreement is the law of the Republic of Poland, and the courts are the common courts in the Republic of Poland, unless otherwise provided for in the mandatory provisions of law. Any disputes between the Seller and the Customer who is not also a Consumer shall be submitted to the court with jurisdiction over the Seller's registered office.
  2. The contract with the Client is concluded in Polish.
  3. The choice of Polish law based on the Regulations does not deprive the Consumer of the protection granted to him under the provisions that cannot be excluded by an agreement between the Seller and the Consumer under the law that, in accordance with the relevant regulations, would be applicable in the absence of choice.
  4. The content of the Regulations is available to Customers free of charge at the following address www.moyha.com, from where Customers can view and print them at any time.
  5. Goods offered by the Seller are not covered by warranty and after-sales services.
  6. The Seller has not acceded to the code of good practice referred to in Art. 2 point 5 of the Act of 23 August 2007 on counteracting unfair market practices.
  7. The Seller does not provide Customers with any remuneration-based services.
  8. The Client is not obliged to provide a deposit or other financial guarantees.
  9. The subject of the Sales Agreement does not in any case include digital content.

§12.

POSSIBILITIES OF USING OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

 

  1. The consumer is entitled to apply to a permanent consumer arbitration court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection, with a request to resolve a dispute arising from the concluded Sales Agreement. The regulations for the organization and operation of permanent consumer arbitration courts are specified in the Regulation of the Minister of Justice of 25 September 2001 on the determination of the regulations for the organization and operation of permanent consumer arbitration courts.
  2. The Consumer may contact the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection, with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller.
  3. The consumer may also use the assistance of the district (municipal) consumer ombudsman, whose tasks include, among others, providing free consumer advice and legal information in the field of protection of consumer interests and contacting entrepreneurs in matters of protection of consumer rights and interests, or contact a non-governmental organization whose statutory tasks include consumer protection.
  4. The consumer may use the EU ODR online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR)