terms and conditions of ‘moie’ Internet shop

 I. GENERAL TERMS

  1. Internet shop available under the web address www.moie.pl is run by Katarzyna Kazimierczyk registered as miii Katarzyna Kazimierczyk, Piękna 16, Warszawa, 00-539, Poland, NIP: PL7282526046, REGON: 101790082, e-mail: info@moie.pl, mobile: +48 792-734-727
  2. The subjects of business activity of the Internet shop www.moie.pl are retail sales of finished jewelry and retail sales of jewelry created on request through the internet.
  3. The administrator of personal data processed in connection with the implementation of the provisions of these regulations is the seller. Personal data is processed for purposes within the scope and based on the principles outlined in the privacy policy published in the Internet shop. Reporting personal data is voluntary. Any person whose personal data is processed by the seller has the right to inspect their content and the right to update and amend it.
  4. The provisions of these regulations are not intended to exclude or limit any rights of the buyer who is also a consumer within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws from 1964 No. 16, item 93 as amended) conferred on him by the mandatory provisions of the law. In the case of inconsistencies of the provisions of these regulations with the above provisions, priority is given to those provisions.
  5. The name of the Internet shop MOIE, the web address www.moie.pl and any materials contained in it are the subject of copyright and are protected by law. Use and distribution of these materials without the consent of the seller is prohibited.
  6. Using the Internet shop www.moie.pl is possible with the following minimum technical requirements: PC with Internet access, access to email, web browser: Internet Explorer version 7.0 or later enabled JavaScript and cookies, Mozilla Firefox version 4.0 or later with JavaScript enabled and the cookie or Google Chrome version 8 or later.

II. DEFINITIONS

  1. Working day – one day from Monday to Friday excluding public holidays.
  2. Registration Form – a form available in the Internet shop to create an account.
  3. Order Form – an electronic service that allows placing an order, by adding products to cart and determining conditions of sales agreement, including the method of delivery and payment.
  4. Customer – a natural person, legal person or an organizational unit without legal personality, to which the law granted the legal capacity, purchasing products through the Internet shop or using e-services.
  5. Civil Code – Civil Code Act of 23 April 1964. (Journal of Laws from 1964 No. 16, item 93 as amended).
  6. Account – electronic service marked with an individual name (login) and a password given by the customer, a collection of resources in the IT system of the service provider, which collects data provided by the customer and information about his orders made in the Internet shop.
  7. Cart – storage of products chosen by the customer for later purchase that enables management of the products and order conversions.
  8. Newsletter – a service provided electronically, which consist in sending to customers information about products, news and promotions in the Internet shop.
  9. Product – a chattel available in the store, an object of the sales agreement between the customer and seller.
  10. Terms & Conditions – these regulations and provisions.
  11. Shop – Internet shop MOIE available at: www.moie.pl.
  12. Seller – Katarzyna Kazimierczyk registered as miii Katarzyna Kazimierczyk, Piękna 16, Warszawa, 00-539, Poland, NIP: PL7282526046, REGON: 101790082.
  13. Sales Agreement – sales contract concluded between the customer and the seller through the Internet shop.
  14. Electronic Service – a service provided electronically by the service provider to the customer through the Internet shop.
  15. Electronically provided services – services that enable creation and operation of accounts in the Internet shop, placing an order through the order-form in the Internet shop, service of newsletter.
  16. Law of consumer rights – the Act of 30 May 2014 of consumer rights (Journal of Laws from 2014 No. 827 as amended.)

III.  ELECTRONICALLY PROVIDED SERVICES

  1. The seller provides through the shop www.moie.pl following electronic services: Account Order Form, Newsletter.
  2. The provision of electronic services by the seller is free.
  3. The contract for the provision of electronic services: account and newsletter is concluded for an indefinite period of time.
  4. The contract for the provision of electronic services order-form is concluded for a definite period of time and shall terminate upon the submission of the contract or the cessation of the order by the customer.
  5. The customer can file a complaint related to the provision of electronic services (excluding complaint regarding product, which was designated in paragraph VIII of the Terms & Conditions) through the Internet shop www.moie.pl by sending an e-mail to: shop@moie.pl or by writing a letter to the following address: BUTIK MOIE, Piękna 16, Warszawa, 00-539, Poland
  6. Seller will consider the complaint immediately and no later than within 14 days from the date of filing the complaint.
  7. The customer may terminate the perpetual service for the provision of electronic services at any time with immediate effect without specifying reasons by sending an appropriate e-mail to: shop@moie.pl or by writing a letter to the following address: BUTIK MOIE, ul. Piękna 16, Warszawa, 00-539, Poland
  8. The seller may terminate the indefinite contract for the provision of electronic services with immediate effect when the customer objectively or persistently violates the Rules, after an ineffective, single call to cease these violations.
  9. The seller shall reply to the complaint by sending an e-mail to the address specified by the customer or in any other manner mutually agreed by the parties.
  10.  It is forbidden to use the electronic services in a way that unlawfully interfere with the functioning of the shop through the use of specific software or devices and by sending or posting unsolicited commercial information in the shop.

 IV. ORDERS AND SALES AGREEMENT

  1. Internet shop www.moie.pl sells on Polish territory and abroad.
  2. The customer can place orders in the Internet shop ww.moie.pl 24 hours a day, 7 days a week through the website www.moie.pl.
  3. Product information presented in the Internet shop www.moie.pl does not constitute an offer within the meaning of the Civil Code and is only an invitation to conclude the sales agreement.
  4. Placing an order constitutes an offer within the meaning of the Civil Code, placed by the client to the seller.
  5. Registration and opening an account is a necessary condition when placing an order in the Internet shop www.moie.pl.
  6. Registration in the Internet shop www.moie.pl is voluntary and free.
  7. In order to register in the shop customer has to fill out the registration form located on the website www.moie.pl, giving his real data: first name, last name, e-mail, phone and address (street, house / apartment, postal code, city, country), password. In the case of customers who are organizational units it is necessary to provide also the company name and tax identification number.
  8. The customer can place an order by logging into his account. To place an order the customer has to add a product, which he intends to buy, to the cart. Adding the product to the cart is not tantamount to placing an order. Products may be added or removed from cart.
  9. To complete the order customer must add products to the cart, specify the type of shipping and form of payment, then select “order and pay” and follow the coming instructions.
  10.  After submitting the correct order seller confirms acceptance of the order by e- mail and informs about the approximate delivery time. A moment of sales agreement conclusion is recognized by the confirmation e-mail from the seller.
  11. The customer can modify the order before the payment. After the payment any changes in the order are possible only with the prior agreement of the seller.
  12. Seller reserves the right to refuse the order under the sales agreement when the customer contact data is false, payment for the order is not paid within the specified time, or in other justified cases. The customer is notified each time about the reason for refusal of the order.
  13. The customer is obliged to use the Internet shop www.moie.pl in a manner consistent with the law and morality and with respect for personal rights, copyrights and intellectual property of the seller and third parties. The customer is obliged to enter data in line with the facts. Customer is forbidden from submitting illegal content.

V. PRICES AND PAYMENT

  1.  Prices listed in the Internet shop www.moie.pl are in Polish zlotys (PLN). The customer has the possibility to change the currency to Euro (EUR) by adjusting the settings on the website.
  2. A price of a product specified in the shop bounds both parties from the moment when the customer receives an e-mail with a confirmation of the order.
  3. Customer is informed about the total price (inclusive taxes and delivery costs) of the product, that is a subject of the sales agreement, during the order process, including the time when the will to be bound by the sales agreement is expressed.
  4. In case of a bank transfer payment, an electronic payment or a credit card payment, customer is obligated to make the payment within 7 calendar days from the date of the conclusion of the sales agreement.
  5. A receipt or a VAT invoice (on request) is issued for each order.

VI. DELIVERY TIMES, SHIPPING PRICES AND METHODS

  1. Delivery of a product is chargeable. It costs 10 PLN in the Poland and 20 PLN (5 EUR) in the EU.
  2. Polish Postal Service performs product delivery.
  3. The order processing time is 19 working days.
  4. In the case of products with different terms of delivery, the processing time is the longest, but may not exceed 19 working days.
  5. Start of the order processing time is counted from the date when the seller’s bank account or billing account is credited.
  6. Product delivery shall be made within:
    – 2-3 working days after shipping on Polish territory;
    – Up to 7 Business Days after shipping to the other countries of the EU.

VII.  WITHDRAWAL FROM THE SALES AGREEMENT

  1. Customer may within 14 days from the delivery of the product terminate the sales agreement without giving any reason and at no cost, with the exception of the costs referred to in Art. 33, 34 and 35 of the Act on consumer rights, making an appropriate statement in writing. An example of the termination form may be found in Appendix 2 to the Act on consumer rights.
  2. To comply with this deadline, customer must send a statement before its expiry. The statement can be sent either by e-mail: shop@moie.pl or by post to the following address: BUTIK MOIE, Piękna 16, Warszawa, 00-539, Poland
  3. The consumer is obliged to return the product or products immediately, not later than 14 days from the date on which he withdrew from the sales agreement.
  4. The customer cannot withdraw from the sales agreement if the product was ordered on request and made accordingly to the customer specification and needs. Such products are custom-made jewelry items like rings in the sizes that are not available in the standard offer, necklaces or bracelets with custom lengths and sizes or items with engravers made on behalf of the customer.

VIII.  COMPLAINTS

  1. In case of agreements with customers within the meaning of Art. 221 of the Civil Code, the seller is liable to the customer under the terms of Art. 556 and following of the Civil Code for physical or legal defects (warranty).
  1. In case of agreements with customers which are not yet consumers within the meaning of Art. 221 of the Civil Code, pursuant to art. 558 § 1 of the Civil Code, the seller responsibility against warranty is excluded.
  2. The complaint may be filled by the customer in writing and send to the following address: BUTIK MOIE, Piękna 16, Warszawa, 00-539, Poland or in electronic form through the e-mail: shop@moie.pl.
  3. The description of the complaint should contain the following information: contact data of the complaining party, the type and date of occurrence of the defect, required method of bringing the product into compliance with the sales agreement or statements about price reduction or withdrawal from the sales agreement. Seller will address customer complaints immediately, but not later than within 14 calendar days from the date of its submission.

 IX. FINAL REGULATIONS

  1. Customers can contact the seller through telephone: +48 792-734-727, e-mail: shop@moie.pl or by writing to the following address: BUTIK MOIE, Piękna 16, Warszawa, 00-539, Poland
  2. Customers can get access to these Terms & Conditions at any time through a link on the main site of the shop.
  3. Terms & Conditions may be perpetuated, acquired and restored by print or by saving on appropriate medium.
  4. The customer in the event of a dispute with the seller has the possibility of an amicable settlement of the matter by turning to the consumer court of arbitration, mediation, asking the provincial inspector of trade inspection or by getting free help from the Consumer Federation using the free consumer helpline +48 800 007 707.
  5. Any disputes arising between the seller and the customer who is a consumer within the meaning of Art.221 of the Civil Code, shall be settled before a court of general jurisdiction in accordance with the provisions of the Code of Civil Procedure.
  6. Any disputes arising between the seller and the customer who is not a consumer within the meaning of Art.221 of the Civil Code, shall be settled before the common court competent for the seat of the seller.
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