Terms and Conditions of MoMi Store valid from the 8th of July 2022.
I. GENERAL PROVISIONS
1. These Terms and Conditions (“Terms and Conditions”) shall govern activities of the MoMi Online Store, operating at www.momi.pl, which is run by TelForceOne S.A., with its registered office in Wrocław (50-428) at ul. Krakowska 119, entered in the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division under KRS number 0000232137, NIP 898-196-78-51, REGON 932674375, with a share capital of PLN 8,195,848.
2. The Terms and Conditions are available continuously on the Website of the Store at: https://momi.store/en/content/7-terms-and-conditions-of-momi-store in a way that allows Users at any time to reproduce and record their content.
3. Each Client is obliged to read the content and comply with the Terms and Conditions from the moment of taking steps to use the MoMi online store www.momi.pl and www.momi.store in any other way. Using MoMi website www.momi.pl is an equivalent to the statement that all of the provisions of the Terms and Conditions are clear and understandable and agreeing to comply with the Terms and Conditions by the Client.
4. The information on the website of the Store, and used in promotional material of the Seller are an invitation to conclude a contract and do not constitute an offer within the meaning of art. 71 et seq. of the Civil Code.
The terms used in the Terms and Conditions shall mean:
1. Business Days - all days of the week from Monday to Friday, excluding public holidays;
2. Carrier - an entity with which the Store cooperates within the scope of Goods Delivery.
3. Customer - an entity to whom services may be provided by electronic means or with whom the Sales Agreement may be concluded pursuant to the Terms and Conditions and applicable law.
4. Privileged Customer - a Privileged Consumer or Entrepreneur;
5. Consumer - a natural person making with the entrepreneur a legal transaction which is not directly related to their business or professional activity.
6. Customer Account – electronic service provided through the Store allowing to create an individual asset name and password that is provided by a Customer in the computer system of the Seller, which allows the Client, after logging in, to save and store data containing the Customer's address, order history, and information about given consents for marketing.
7. Newsletter – electronic service involving sending emails on new goods and promotions available in the Store provided by the Customers, who signed up for this service.
8. Privileged Entrepreneur - a natural person who concludes with the Seller the agreement which is directly related to their business activity, but which is not of a professional nature and who has made a declaration that the Order is not related to their business activity (it shall be equivalent to ticking the box on the order form) or when it results from the subject of their business activity, made available on the basis of the provisions of the Central Registration and Information on Business.
9. Store or Online Store - Online Store operating at www.momi.pl, and www.momi.store by means of which TelForceOne S.A. based in Wrocław sells goods at distance over the Internet and provides other features available at www.momi.pl and www.momi.store.
10. Seller - TelForceOne S.A., located in Wrocław (50-428) at Krakowska 119, entered in the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division under KRS number 0000232137, NIP 898-196-78-51, REGON 932674375, with a share capital of PLN 8,195,848 an operator of the Online Store.
11. Goods – a chattel available at the Online Shop constituting the subject of a Sale Contract.
12. Order – declaration of intent submitted by the Customer to the Seller using the Website constitutes a Customer's declaration of intent to enter into a Product Sales Agreement with the Seller, specifying the goods, to which the Customer submits the contract offer to the Seller and a customer data that is essential for the conclusion.
III. ACCEPTING AND EXECUTING ORDERS
1. The Customers can place the Orders through the Online Store 7 days a week and 24 hours a day. Placing Orders shall be possible on the condition that the ICT system used by the Customer meets the following minimum technical requirements referred to in § XII of the Regulations.
2. Placing an order is possible when the Customer set up an account or buys without logging in and registering an account. In order to make a purchase:
a) adding Goods to the Order shall be done by choosing the command “ADD TO THE CART” under a given item on the website of the Store.
b) moving to the summary of the order by clicking “Basket” and verification of the ordered Goods and entering a discount code allowing to lower the price of the goods on terms defined by separate agreements or regulations and the choice of delivery method.
c) moving to the payment by clicking the command "Proceed to Payment" and entering the payment information, address to which the receipt/invoice is to be issued, delivery address, email address and phone number, though in the case of logged-in users the information will be copied from the data stored in the Customer’s account.
d) selecting the ordered goods,
e) Sending the form of the Order to the Seller by clicking on the website the command “Order with obligation to pay”, though in the case of choosing the payment via the third party payment processor the Customer may be forwarded to the website of the payment provider to make a payment for the ordered Goods.
3. Confirmation of Order acceptance will be sent without delay by the Store to the email address provided by the Customer.
4. Subsequently, if, taking into account the availability of the Goods covered by the order, the execution of the Customer’s order is possible within 3 business days from the moment of placing the order, a message will be sent to the Customer's e-mail address confirming that the Order has been accepted for execution. The confirmation of acceptance of the Order sent by the Store constitutes a declaration of acceptance of the offer referred to above, which is equal to concluding a contract for the sale of Goods between the Store and the Customer.
5. If the ordered Goods are not available in the Store's warehouse or for other reasons and the Customer's Order cannot be executed, the Store shall notify the Customer of this fact no later than within the period referred to in paragraph 5 above and, if the Customer has made a payment, it shall return the money paid without delay, not later than 14 days. The notification shall be sent to the email address provided by the Customer in the order form.
6. If some Goods covered by the Order are unavailable in the warehouse or due to other reasons making it impossible to execute the Order in the time provided for in the Order, the Customer shall be informed about the status of the Order within the period referred to in paragraph 5 above and shall be informed through a message sent in an email provided by the Customer in the order form the possibility of partial performance of the contract. In the event of receiving the message referred to in the preceding sentence, the Customer may:
a) agree to partial execution - if the Customer chooses this option, the Order shall be executed only for the available Goods; in the remaining scope the Customer shall cancel the Order and the Store shall be released from the obligation to execute the Order for the unavailable Goods.
b) cancel the Order - the Customer shall cancel the entire Order and the Store shall be released from its obligation to execute the Order.
7. If the order cannot be completed in whole or partially, as referred to in paragraphs 6-7 above, if the Customer has made the payment for the Goods, the Store will immediately, no later than within 14 days, return the payment to the Customer using the same payment method as used by the Customer to make the payment.
8. A limited number of Goods shall be intended for promotional campaigns and sales. The Orders shall be executed in the order in which they are received until the stocks covered by this form of sale in the Store warehouse are exhausted.
9. If the Customer checks the box “I want to receive a VAT invoice” in the order form and then fills in the form marked “Company” and enters NIP, it shall be assumed that the Customer concludes the agreement for professional purposes as an Entrepreneur. If the purchase is made for purposes other than professional ones, the Customer shall be obliged to tick a box with the following content: “I declare that I am concluding the agreement as a privileged entrepreneur and that it is not of a professional nature to me.”
IV. PRICES OF GOODS
1. All prices of goods posted on the Website of the Store shall:
a) include VAT,
b) be given in Polish zloty,
c) not include information on delivery costs unless conditions of the promotion state otherwise.
2. The price specified next to each product shall be binding at the moment of placing the Order by the Customer.
3. The store shall reserve the right to introduce changes to product prices, conduct and cancel promotional campaigns and sales or change them.
1. The Store shall deliver the Goods throughout the European Union.
2. The ordered product shall be delivered with the aid of the Carriers who shall be specialized postal operators or courier companies.
3. The place of the contractual obligation associated with the purchase of products in the Online Store is a delivery address specified by the Customer or, in the case of choosing the Paczkomaty InPost service, the address of the parcel pick-up station selected by the Customer.
4. The Delivery and Order execution date is indicated under the name “Delivery”, on the Website of the Store and in the form of the Order.
5. On the day of dispatch of the Goods to the Customer, information confirming dispatch by the Seller shall be sent to the Customer's email address.
VI. LEAD TIME
1. The date of the delivery and the completion of the Order indicated on the Website are calculated in business days from the moment of recognition of the bank account or payment account of the Seller - in the event of the Customer chooses to pay electronically or from the moment of conclusion of the agreement of the sale of the goods when the Customer chooses to pay on delivery.
2. The Orders shall be executed as indicated in the Online Store, within 7 working days for foreign shipments and 3-4 working days for shipments in Poland. In the case of an extended lead time, the Customer shall be notified of this either when placing the Order or immediately afterwards in the form of an email sent to the email address specified in the Order.
3. The day of execution of the Order or part of the Order shall be the day on which the goods are released to the Carrier for delivery to the Customer.
VII. METHODS OF PAYMENT
1. The Seller gives the Customer the option, subject to paragraph 7 below, to select the method of payment for Ordered Goods.
2. The currently available method of payment is indicated in the "payment methods" tab of the page on the website of the online store and each time in the form of the Order.
3. If the customer selects electronic payment, failure to pay within 24 hours will result in the cancellation of the Order.
4. If the Customer selects electronic payment and then fails to pick up the Goods within the deadline it will result in termination of the agreement and the Order is cancelled. The Store will return the amount due using the same payment method as the one used by the customer to make it, no later than within 14 days.
5. If the Customer selects the payment option of paying in cash on delivery, the Customer is obliged to make the payment upon delivery with the ordered Goods. In the event of refusal to collect the Goods, despite an additional deadline for this, the sales contract between the Store and the Customer is considered not concluded, and the Customer's Order is cancelled.
6. Any additional costs relating to the different forms of payment will be determined by the Seller in the Order summary.
7. In a certain type of assortment, the Seller reserves the right to limit methods of payment or delivery by not providing specific payment and delivery options. Each time the information about the restriction will be included in the description of the Good.
1. The Seller is obliged to deliver a product free of defects.
2. If the received Goods are not in conformity with the agreement, the Customer who is the Privileged Buyer may exercise, at their discretion, their rights from the Seller under the warranty or guarantee outlined in the Warranty Terms and Conditions. The Warranty shall cover only selected Goods indicated in the Online Store.
3. In order to make a complaint, the Customer should, at their discretion:
a) send notification of complaint via email to the following address mailto:email@example.com@momi.pl, and follow the instructions in the return email;
b) fill in a complaint form at www.momi.store and follow the instructions contained in the form;
4. The notification of complaint should include at least:
i. complete Goods including sets, and free products;
ii. proof of purchase;
iii. description of a defect;
iv. Customer's request;
5. The product covered by the complaint must be packed in a way that does not indicate the contents of the parcel so that the Goods are properly protected against any mechanical damage. If the dispatched Goods are packed not in accordance with the above guidelines, the Seller shall not be responsible for their destruction or loss.
6. The Online Store shall respond to the complaint within 14 days of receiving the device under complaint and shall inform the Customer about further proceedings by email. If the complaint is accepted, the damaged Item shall be repaired or replaced with a new, full-value one. If this is not possible (for example because the product is out of stock) the website shall reimburse the Customer for the costs incurred or, with the Customer's consent, replace the device with another model with similar technical parameters and similar value.
7. The Customer can issue a complaint on the functionality of the Store using the electronic services at firstname.lastname@example.org.
8. The complaint shall be addressed without delay by the Seller, not later than 30 from the moment it was issued.
IX. STATUTORY RIGHT OF WITHDRAWAL
1. A Customer who is the Privileged Buyer who has concluded the Sales Agreement may withdraw from it within 30 days without giving any reason.
2. The period for withdrawal from the Sales Agreement shall commence at the moment of taking possession of the Goods by the Privileged Buyer or a third party indicated by them other than the Carrier.
3. The Privileged Buyer may withdraw from the Sales Agreement by making a statement of withdrawal. The statement can be made on a form, a template of which shall be included in Appendix No. 1 to these Terms and Conditions and by completing an appropriate form in the Online Store at: email@example.com.
4. In order to meet the deadline, it shall be sufficient to send the statement before its expiry in an electronic form to the following email address: firstname.lastname@example.org or in writing to the address: TelForceOne, Krakowska, 119 50-428 Wrocław. This statement may also be sent in the parcel together with the returned goods.
5. Returned Goods should be sent to the following address: ZWROTY - MoMi - Telforceone
Krakowska 119 50-428 Wrocław, Poland, marked "ZWROT" on the outside of the package.
6. In the case of withdrawal from the Sales Agreement, it shall be considered as not concluded.
7. If the Privileged Buyer has made a statement of withdrawal from the Sales Agreement before the Online Store has accepted their offer, the offer shall cease to be binding.
8. The Online Store shall be obliged to immediately, no later than within 14 days from the date of receipt of a statement of withdrawal from the Sales Agreement from the Privileged Buyer, return to them all payments, including the cost of delivery. The Online Store may withhold reimbursement until it has received the Goods or a proof of sending the Goods, whichever occurs first.
9. If the Privileged Buyer, exercising the right of withdrawal, has chosen a method of delivery of the Goods other than the least expensive usual method of Delivery offered by the Online Store, the Online Store shall not be obliged to reimburse the privileged Buyer for additional costs incurred by them.
10. The Privileged Buyer shall be obliged to return the Goods to the Seller promptly, however, no later than within 14 days from the date of withdrawal from the Sales Agreement. In order to meet the deadline, it shall be sufficient to send back the Goods to the address specified in the Terms and Conditions before the deadline.
11. The returned Goods must be new, have no signs of use and be suitable for resale.
12. The Seller shall refund the payment using the same method of payment as used by the Customer.
13. The right of withdrawal shall not apply to, i.a., the agreement:
a) in which the subject of contractual obligations is a non-prefabricated item produced according to the Customer's specifications or used to meet their individual needs;
b) in which the subject of contractual obligations is liable to deteriorate or expire rapidly;
c) in which the subject of contractual obligations is an item delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons if the package has been opened after delivery;
d) in which the subject of contractual obligations is items which after delivery, due to their nature, are inseparable from other items;
e) in which the subject of contractual obligations is sound or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery;
f) for the supply of digital content which is not recorded on a tangible medium if the contractual obligation has begun, with the Customer's express consent, before the deadline for withdrawal from the agreement.
X. CUSTOMER ACCOUNT
1. On the website of the Store, the Customer can create a Customer Account. Creating an account is voluntary and needs the Customer's initiative.
2. Setting up and keeping the Customer Account is free of charge.
3. In order to create a Customer Account, one needs to fill in a form available on the Website of the Store and enter name, surname, email address and set up a password and accept the Terms and Conditions.
4. Registering the Account on the Website is not necessary to use the Online Store, however, it allows the Customer, after logging in, to save and store the address information of the Customer, order history, and information on marketing consent.
5. After filling in the form on the website of the Store the Customer shall receive an email with a link to activate the account on the email address provided by the Customer while registering. Clicking the activation link by the Customer is equivalent to registration and activation of the Customer Account.
6. The Customer Account Service Contract is entered into upon activation of the Customer's account.
7. The Customer is responsible for the security and proper use of the login and password and is responsible to keep it confidential. In the event of circumstances indicating a suspicion that the login or the password might have been held by an unauthorized person, the Customer is obliged to inform the Seller about this fact without delay. The Seller is not liable for the damage caused by the disclosure of login or password by the Customer to unauthorized persons and using the account by third parties, even without the knowledge and against their will.
8. The Client Account Service shall be provided for an indefinite period of time. The Customer can withdraw the consent at any moment without giving any reason and demand to remove the data by sending an email at email@example.com, which will result in termination of the agreement for the provision of the services without prior notice. The Seller will delete the Customer Account no later than 5 business days.
9. In case the Seller finds that the Customer is disobeying the law or the provisions of these Terms and Conditions, the Seller reserves the right to remove the Customer Account, which will result in terminating the service contracts without notice. This does not prevent The Seller from using other measures provided by the law in relation to the Customer, nor does it exclude the Customer’s responsibility for the infringements of the rights of third parties.
1. On the website of the Store, the Customer can provide their email address in order to subscribe to the Newsletter.
2. The service of a Newsletter is based on sending information on new items and promotions available in the Store at the email address provided by the Customer.
3. When subscribing to the Newsletter the Customer agrees to be sent by the means of electronic mail commercial information within the meaning of the act of 18 of July 2002 on the email account provided by the Customer and any other email account that the messages have been forwarded to form the account provided by the Customer and using telecommunication equipment and automated calling systems for direct marketing purposes as defined in the Act of 16th July 2004 - Telecommunication Law.
4. Agreeing to terms referred to in paragraph 3 above is voluntary, however, it is necessary in order to use Newsletter services.
5. Newsletter service is provided for an indefinite period of time. The Customer can at any moment and without giving an explanation resign from the Newsletter services and demand to remove their email address from the list of subscribers by sending an appropriate message at the email address firstname.lastname@example.org, which will result in termination of the contract for the provision of the Newsletter services without prior notice. The Seller shall delete the Customer's email address from the list of subscribers within no more than 5 business days.
XII. TERMS OF SERVICES IN ELECTRONIC SERVICES PROVISION
1. Minimum technical requirement to use the online Store is a device connected to the Internet with a browser installed that supports “cookies”.
3. The Service provider is not liable for the technical difficulties related to the defective electronic equipment of the Customer and for the lack of parameters to enable the Customer to receive data.
4. The Seller is not liable for the risk arising from using the services provided electronically. In particular, the Seller is not liable for the damage that has not been the result of their fault or negligence, or damage for which the sole cause is the action of the Customer or of any third party, for which the Service Provider is not liable.
5. The entity using the online Store is obliged to not post illegal content on this website.
XIII. PERSONAL DATA
1. Personal data of the Customer are processed by the Seller as to the Administrator of the Personal Data.
2. Giving personal data is voluntary, however, necessary in order to process the order for the Goods and conclude a sales agreement and subscribe to the Newsletter.
XI. FINAL PROVISIONS
1. All matters not regulated herein shall be governed by generally applicable provisions of the Polish law and in particular the provisions of the Civil Code, the Personal Data Protection Act, the Act on Providing Services by Electronic Means and the Consumer Rights Act and GDPR.
2. Any disputes between the parties shall be settled amicably or, if no agreement is reached, by a locally and materially competent common court.
3. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the effective date of the new Terms and Conditions shall be executed based on the Terms and Conditions which were in force on the date of placing the Order by the Customer. A change to the Terms and Conditions shall come into force within 7 days of its publication on the Website of the Store. The Seller shall inform the Customer, 7 days before the new Terms and Conditions come into force, about the change of the Terms and Conditions by means of a message sent via an email containing a link to the text of the changed Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, they shall be obliged to notify the Seller of this fact, which shall result in termination of the agreement for the provision of services by electronic means within the scope of maintaining the Customer Account and the Newsletter.
4. All the information, data and materials available on the website of the Store such as names, logos, price lists, colours, site layout as well as any other intellectual properties right associated with the website of the Seller and are protected by the copyright, trademark, database, or other intellectual property rights.
5. The Terms and Conditions shall take effect on 1 July 2022.
Appendix No. 1