Regulations

INTERNET SHOP REGULATIONS

www.mokosh.eu

The hereby regulations (Regulations) specify the terms and conditions of selling goods in the internet shop operating at www.mokosh.eu (Internet Shop)

I. PRELIMINARY PROVISIONS

  1. The owner of the Internet Shop is: Mokosh A. Didiuk and A. Rutkowska-Didiuk Ltd., established in Łomianki (05-092), ul. Wspólna 46, registered at CEIDG with the identification number NIP: 1182098062, and REGON: 1471833340, and the email address: office@mokosh.eu (MOKOSH).
  2. In order to visit the Internet Shop, including the possibility to browse the Goods available on offer and place orders, it is indispensible to have:

a) a computer with an Internet access,

b) an internet browser: Safari, Chrome, Internet Explorer, Firefox, or Opera,

c) an active electronic mailbox.

3. The following entities can become Customers of the Internet Shop: a natural person who has reached the age of maturity and has at least partially restricted capacity to perform acts in law; a legal entity or an organisational unit that does not have legal personality, has legal capacity, and has capacity to perform acts in law.

II. DEFINITIONS

  1. Customer: every person who uses the Internet Shop in any way.
  2. Cart: an element of the Internet Shop used by the Customer to specify the details of their order such as: the Customer’s personal data, the number of Goods, the address of the delivery, the invoice data, the way of delivery, the form of payment, and other data which is necessary to close the ordering process.
  3. Newsletter: MOKOSH commercial information which mostly concerns Goods, novelties, promotions, and the like.
  4. Internet Shop: an online platform operated by MOKOSH at www.mokosh.eu which enables the Customers to place orders for the Goods.
  5. Goods: products which can be ordered at the Internet Shop.

III. TERMS OF PLACING ORDERS

  1. The Customer should get familiar with the hereby Regulations prior to placing their order.
  2. The information about the Goods available on offer at the Internet Shop is not an offer within the meaning of the Civil Code. The information about the Goods presented at the websites of the Internet Shop is solely an invitation for Customers to make their offers.
  3. By placing their order at the Internet Shop, the Customer makes MOKOSH an offer to enter into a contract of sale (purchase) of a given Goods item. In order to conclude the contract, it is necessary for the Customer to place their order, and for MOKOSH to confirm that the Customer’s order has been accepted for completion, which takes place after MOKOSH has verified the availability of the ordered Goods on stock.
  4. It is possible to place orders at the Internet Shop 7 days a week, 24 hours a day (24/7).
  5. The Customer can place their order at the Internet shop by selecting Goods presented at the websites of the Internet Shop and adding them to their Cart.
  6. After adding the selected Goods to their Cart and giving the data necessary for the order to be completed, the Customer confirms placing their order by clicking PLACE AN ORDER WITH THE PAYMENT OBLIGATION icon.
  7. The prices of the Goods available at the Internet Shop at the moment of placing the order by the Customer are binding for the Customer and for MOKOSH. The prices of the Goods available at the Internet Shop are given in PLN and include VAT (gross prices).
  8. The prices of the Goods given at the websites of the Internet Shop do not include the cost of delivering the Goods to the Customer. This cost is added to the price of the Goods and is shown in the Customer’s Cart prior to them confirming their order. The cost is calculated depending on the way of delivering the Goods to the Customer, the place of delivery, and the value and size of the order.
  9. The Customer placing an order at the Internet Shop can choose one of the following forms of payment:

a) cash on delivery: payment in cash upon collecting the ordered Goods, in the case of choosing this delivery option within the territory of the Republic of Poland via an express carrier company, after the Goods have been delivered to the Customer;

b) bank transfer: prior to collecting the ordered Goods, paid to the MOKOSH bank account specified at the website of the Internet Shop: www.mokosh.eu

10. The cash on delivery form of payment is not available for orders with the delivery address outside the territory of the Republic of Poland.

IV. ORDER COMPLETION

  1. MOKOSH confirms accepting the order for completion by sending an email to the electronic mailbox address which was specified by the Customer at the moment of placing their order within maximum three days from the date of placing the order.
  2. If the completion of the order is not possible due to the lack of the ordered Goods on stock, MOKOSH informs the Customer about this fact within maximum three days from the date of placing the order by sending an email to the electronic mailbox address specified by the Customer. If some of the Goods ordered are not available on stock, the Customer decides whether they want the order to be partially completed or annulled altogether.
  3. The Customer can change or annul their order by sending an email to office@mokosh.eu before MOKOSH has shipped the ordered Goods.
  4. If the advance payment order is annulled following the cases specified in the above mentioned paragraphs 2 or 3, MOKOSH will return the whole amount paid within three business days from the date of annulling the order (in the case of partial order completion, only part of the amount paid will be returned).
  5. The Goods ordered at the Internet Shop are delivered at the address within the territory of the Republic of Poland specified by the Customer at the moment of placing their order within three business days from the date MOKOSH confirms accepting the order for completion by sending an email to the Customer. In the case of orders with the International Delivery, the Goods are delivered within 10 business days from the date MOKOSH confirms accepting the order for completion by sending an email to the Customer.
  6. If the Customer chooses other than cash on delivery form of payment, the order is accepted for completion on condition that the due payment for the ordered Goods has been made. If the Customer chooses bank transfer form of payment, the order is accepted for completion after the due payment for the ordered Goods has been recorded in the MOKOSH bank account. If the Customer chooses bank transfer form of payment, they should make the due payment within three days from the date of placing their order.
  7. The ordered Goods are delivered to the Customer via an express carrier company (DPD). The delivery takes place on business days.
  8. The express carrier company makes two attempts to deliver the ordered Goods to the Customer. If the second delivery attempt proves unsuccessful, the ordered Goods get returned to MOKOSH and the Customer is notified about the fact in an email sent to the electronic mailbox address specified by the Customer upon placing their order. In the case of cash on delivery orders, the order gets annulled after the second unsuccessful delivery attempt.
  9. The ordered Goods are delivered to the Customer along with the purchase document in the form of a VAT invoice. The VAT invoice delivered to the Customer along with the Goods confirms closing the contract.

V. WITHDRAWAL FROM THE CONTRACT

  1. Any Customer who is a consumer is entitled to withdraw from the contract without giving any specific reason within 14 days from the date of obtaining the item by the Customer or a third party appointed by the Customer, other than the carrier, by sending MOKOSH a letter of withdrawal from the contract, following Article 27 of the Act dated of 30 May 2014 about consumer rights. To keep this term, it is enough to send the letter before the 14-day deadline expires. The Customer can send their letter using the Withdrawal from the Contract Form available on the MOKOSH website (Appendix 1 to the hereby Regulations).
  2. If the Customer withdraws from the contract on conditions specified in the above mentioned paragraph 1, they should return the Goods to the Internet Shop at the following address: MOKOSH S.C., ul. Wspólna 46, 05-092 Łomianki, not later than 14 days from the date of withdrawing from the contract. To keep this term, it is enough to return the Goods before the 14-day deadline expires. The Customer is charged with the direct cost of returning the Goods to the Internet Shop.
  3. The Customer is not entitled to withdraw from the contract in the cases specified in Article 38 of the Act mentioned in the paragraph 1 above, and this includes, for example, the contracts that concern:

a) the items that have not been prefabricated, but manufactured along with the consumer specification or to meet their individualised needs;

b) the items that tend to decay fast or with a short expiry date;

c) the items that are delivered in a sealed package and which cannot be returned if the seal has been removed upon delivery due to some health-protection or hygienic issues;

d) the items that after delivery due to their character have been inseparably joined with other items.

4. The Customer is held responsible for diminishing the value of the Goods which results from the Customer having used the Goods in the way that exceeds the regular usage necessary to discover the character, features and functioning of the Goods.

5. If the Customer withdraws from the contract on conditions specified in the paragraph 1 above, MOKOSH is obliged duly, and not later than 14 days from the date of receiving the letter of withdrawal from the contract from the Customer, to return all the payments made by the Customer, including the cost of returning the Goods. If the Customer has chosen a way of returning the Goods other than the cheapest, regular form of delivery offered by MOKOSH, MOKOSH is not obliged to return the excessive cost the Customer has run into.

6. MOKOSH returns the payments made in the same form the Customer has used unless the Customer specifically agrees to a different form of the return payment which does not burden them with any extra cost.

7. MOKOSH can delay making the due return payment to the Customer until it receives the item back, or until the Customer presents the proof of sending the item, whichever happens first. 

VI. COMPLAINTS

  1. MOKOSH obliges itself to deliver to the Customer the Goods without defects.
  2. MOKOSH is held responsible towards the Customer if the Goods sold have a physical or legal defect as specified in the regulations of the Act dated of 23 April 1964, Civil Code.
  3. Complaints regarding the non-compliance of the Goods with the contract can be made in person or in writing at the following address: MOKOSH S.C., ul. Wspólna 46, 05-092 Łomianki.
  4. MOKOSH will investigate and respond to the complaint filed by the Customer promptly, not later than 14 days from the date of lodging the complaint.
  5. It is possible for any Customer who is a consumer to follow extra judicial procedures of handling complaints and pursuing claims. In particular, the Customer can address a request to initiate mediation proceedings to settle the dispute to the Regional Inspector of Commercial Inspection (Wojewódzki Inspektor Inspekcji Handlowej), or to the Regular Consumer Court of Arbitration (Stały Polubowny Sąd Konsumencki) which operates with the Regional Inspector of Commercial Inspection (Wojewódzki Inspektor Inspekcji Handlowej). In order to follow the extra judicial procedures of handling complaints and pursuing claims, it is necessary for both parties to consent on the issue.
  6. It is possible for any Customer who is a consumer to seek assistance in the case of a dispute with a seller, or to get pro bono advice or legal information from a district (municipal) consumer ombudsman or a social organisation whose statutory objectives include consumer protection, like, for example: the Association of Polish Consumers (Stowarzyszenie Konsumentów Polskich), or the Federation of Consumers.

VII. PERSONAL DATA

  1. MOKOSH is the administrator of the personal database given by the Customers of the Internet Shop in order to process their orders. The personal data given by the Customer is processed by MOKOSH for the sole purpose of order completion.
  2. The Customer has the right to access the content of their personal data, correct it, or wish it is deleted.
  3. The Customer can also consent to having their personal data processed in a wider than the above mentioned scope.

VIII. NEWSLETTER

  1. The Customer can consent to MOKOSH mailing commercial or marketing information in the form of a Newsletter onto the electronic mailbox address specified by the Customer.
  2. The Customer can discontinue getting the Newsletter at any given time.

XI. FINAL PROVISIONS

  1. MOKOSH owns the copyright and relevant licences as regards the photographs and textual content presented at the websites of the Internet Shop. It is forbidden to copy or distribute them without the permission of MOKOSH.
  2. The names of the Goods presented at the websites of the Internet Shop may be protected under the regulations of the Act dated of 30 June 2000, Industrial Property Law.
  3. In matters not covered by the provisions of the hereby Regulations, there are to be applied the commonly binding rules of the Polish law, among others those listed in the Act dated of 23 April 1964, Civil Code, the Act dated of 30 May 2014 about consumer rights, and the Act dated of 29 August 1997 about personal data protection.
  4. Any disputes arising between the Customer who is not a consumer and MOKOSH will be settled by the court appropriate for the seat of MOKOSH.
  5. MOKOSH does not apply the code of good practice as specified in the Act dated of 23 August 2007 about countering unfair market practices.
  6. The hereby Regulations apply to the contracts concluded from the date of 25 December 2014 onwards.


WITHDRAWAL FROM THE CONTRACT STATEMENT

The right to withdraw from the contract

You have the right to withdraw from the hereby contract within the 14-day period without giving any specific reason.

The deadline for the withdrawal from the contract expires after 14 days from the date when you obtained the items, or a third party appointed by you, other than the carrier, obtained the items.

In order to execute the right to withdraw from the contract, you have to inform Mokosh A. Didiuk and A. Rutkowska-Didiuk Ltd., established in Łomianki (05-092), ul. Wspólna 46, the email address: office@mokosh.pl about your decision to withdraw from the contract in the form of an unambiguous declaration (for example, a letter sent by a regular or electronic post).

You may use the Withdrawal from the Contract Form, yet it is not obligatory.

In order to keep the term of the withdrawal from the contract, it is enough for you to sent the information about executing your right to withdraw from the contract before the withdrawal from the contract deadline expires.

The effects of the withdrawal from the contract

In the case of withdrawal from the hereby contract, we are obliged duly, and not later than 14 days from the date we got informed about your decision to execute your right of withdrawal from the hereby contract, to return all your payments, including the cost of returning the item (except for the excessive cost resulting from choosing a form of delivery other than the cheapest, regular form of delivery offered by us) . We will return your payments using the same form of payment you have chosen for your original transaction, unless you have consented to some other option; in either case you will not be charged any extra fee for the return transaction.

We can delay returning your due payments until we receive the item or the proof that you have sent it, whichever happens first.

Please send or return the item immediately, at any case not later than 14 days from the date you informed us about your withdrawal from the hereby contract. The term is kept if you send or return the item before the 14-day deadline expires. You will have to bear the direct cost of returning the item.

You are held responsible only for diminishing the value of the item which results from having used the item in the way that exceeds the regular usage necessary to discover the character, features and functioning of the item.


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