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WEBSITE REGULATIONS

STATUTE

The regulations specify the rules for sales via the online store
Moonscent, in particular the rules for placing orders, payments, withdrawal from the contract, and complaint procedures.

 

CONTACT DETAILS:

Moonscent

street Stanisława Staszica 23

05-075  Warsaw

kontakt@moonscent.pl

​

 

I. DEFINITIONS

  1. Customer – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.

  2. Consumer – an adult natural person with full legal capacity, making a purchase from the Seller that is not directly related to his or her business or professional activity.

  3. Customer account - a subpage of the online store where the customer can update his/her data, change the password and check the order status.

  4. Cart - functionality of the online store, in particular enabling easy purchases of Goods, enabling viewing of their name, quantity, value, delivery costs and the total cost of the order.

  5. Buyer – both Consumer and Customer.

  6. Digital product - everything that can be downloaded to a computer in the form of an electronic book (e-books), an electronic press (e-press) and an audio book (audiobooks). Data produced and delivered in digital form.

  7. Seller:

 

Moonscent

street Stanisława Staszica 23

05075 Warsaw

kontakt@moonscent.pl

​

 

  1. Regulations - these regulations specifying the general terms and conditions of sale, as well as the rules for the provision of electronic services by the Seller.

  2. General Regulation - 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 (General Regulation data protection) (Text with EEA relevance).

  3. Shop - online storeMoonscent available at https://moonscent.pl

  4. Agreement - a contract for the sale of Goods concluded or concluded between the Customer and the Seller.

  5. Distance contract - a contract concluded with the Customer as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.

  6. Goods - a movable item presented in the Store that is the subject of a sales contract between the Customer and the Seller.

  7. Defect - both a physical and legal defect.

  8. Physical defect - non-compliance of the sold item with the contract, in particular if the item:

    1. it does not have properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or purpose;

    2. does not have properties of which the Seller assured the Consumer,

    3. it is not suitable for the purpose about which the Consumer informed the Seller when concluding the contract, and the Seller did not raise any objections to its intended use;

    4. was delivered to the Consumer in an incomplete condition;

    5. in the event of its incorrect installation and startup, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;

    6. it does not have the properties guaranteed by the manufacturer or his representative or the person who places the item on the market within the scope of his business activity and the person who, by placing his name, trademark or other distinguishing mark on the item sold, presents himself as the manufacturer, unless The Seller did not know these assurances or, judging reasonably, could not have known them, or they could not have influenced the Consumer's decision to conclude the contract, or if their content was corrected before concluding the contract.

  9. Legal defect - a circumstance when the sold item is the property of a third party or is encumbered with the rights of a third party, as well as when the limitation in the use or disposal of the item results from a decision or judgment of a competent authority.

II. GENERAL CONDITIONS

  1. The Moonscent store located in the domain https://moonscent.pl offers digital products related to maternity clothing and physical products, i.e. maternity clothing

  2. The Regulations constitute an integral part of the Agreement, which is concluded by purchasing a product offered in the Store.

  3. The condition for making a purchase is that the Buyer accepts the Regulations.

  4. In order to make a purchase, the Buyer may create a Customer Account, as well as make a purchase without registering an account. The account is created as a result of a free account management agreement concluded between the Seller and the Buyer. The account maintenance agreement is concluded for an indefinite period. Registration is required to create an account.

III. BUYER'S OBLIGATIONS

  1. The buyer is obliged to:

    1. not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,

    2. use the Store in a way that does not interfere with its operation, in particular through the use of specific software or devices,

    3. not to take actions such as: sending or posting unsolicited commercial information in the Store (spam),

    4. use the Store in a way that is not inconvenient for other Buyers and the Seller,

    5. use all content posted in the store only for your own personal use,

    6. use the Store in a manner consistent with the provisions of law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as with the general principles of social coexistence.

IV. PRICE, PAYMENT METHODS

  1. Orders can be placed seven days a week, twenty-four hours a day. The prices given are prices including VAT in Polish zlotys. Payment is made via:

    1. traditional transfer, cash on delivery - in the case of physical products,

    2. PayU.

  2. Prices do not include shipping costs, which are displayed when placing an order for a specific Good.

  3. The price of the Goods is binding after the Seller confirms receipt of the order placed by the Buyer, and from the moment the order is processed, this price will not change regardless of price changes in the Store that may appear in relation to individual Goods during the execution of a specific order.

  4. The consumer can purchase a gift card in the online store https://moonscent.pl, with a selected amount from the available amounts, expressed in PLN.

  5. After purchasing a gift card, the Buyer receives a unique, dedicated discount code based on which a discount is calculated when placing an order.

  6. The gift card can only be used in the online store https://moonscent.pl

  7. The discount code issued after purchasing the gift card is a one-time code. If the value of purchases is lower than the value of the gift card, the difference is not refundable.

V. PLACING AND CONFIRMING AN ORDER

  1. The customer places an order:

    1. by selecting one or more items from the offered Goods

    2. providing your name and surname, address, e-mail address and contact telephone number

    3. providing the method and address for delivery

    4. choosing the payment method

  2. The buyer is automatically informed about the acceptance of the order for processing.

  3. The order is considered placed if the form contains all data allowing for the correct identification of the order and the Buyer, including his telephone number and e-mail address.

  4. The sales contract is concluded upon payment.

  5. Proof of purchase is issued and attached to each shipment (receipt or VAT invoice). If you do not have a document confirming the purchase or correcting the data, please report this fact by sending us an e-mail to: kontakt@moonscent.pl

  6. The Seller reserves the right to reject an order when:

    1. The form was filled out incorrectly, making it impossible to complete the order

    2. no payment has been made to the account within 7 business days

    3. the shipment was not received by the Buyer.

VI. EXECUTION OF THE CONTRACT

  1. Immediately after confirming receipt of the placed order, the Seller begins its implementation. The time of receipt of the Goods includes the order processing time (completing the Goods, payment for the Goods, issuing a sales document, packing the package) - up to 3 business days.

  2. Goods ordered in the online store https://moonscent.pl are delivered via Poczta Polska, courier or personal collection at the company's headquarters.

  3. Failure to collect the parcel by the Buyer - if it is returned to the sender, will result in the Buyer being charged with shipping costs.

  4. Delivery of the Digital Product takes place automatically, immediately after the Buyer confirms payment. The digital product is sent to the e-mail address provided by the Buyer.

VII. COMPLAINT PROCEDURE

  1. If the purchased Goods have physical or legal defects, the Buyer has the right to make a complaint based on the warranty provisions provided for in the Civil Code.

  2. Complaints may be submitted electronically or using the template form attached as Annex 1 to these Regulations. Complaints can be submitted to: kontakt@moonscent.pl

  3. The complaint should specify the reason for its submission, the date of occurrence of the reason justifying the submission of the complaint, the request and the Customer's bank account number to which, if the complaint regarding physical or legal defects is accepted, the price of the Goods will be refunded.

  4. The Seller will respond to the complaint immediately, no later than within 14 days from the day following the day on which the Customer reported the complaint. If it does not consider the complaint within this period, it is considered that it has accepted the complaint. The Seller considers the complaint via electronic correspondence, sent to the complainant's e-mail address.

  5. When submitting a complaint, the Buyer may request:

    1. replacement or repair of the Goods

    2. price reduction or withdrawal from the sales contract if the defect is significant.

  6. If the Customer decides to replace or repair the Goods and the request turns out to be:

    1. impossible to implement

    2. will involve the Seller incurring excessive costs, in such a situation the Seller may propose a different method of dealing with the complaint.

VIII. RETURN

  1. In the event of a complaint about the Goods for repair or replacement, or in the event of withdrawal from the contract, the Customer is obliged to return the purchased Goods to the Seller's address.

  2. Shipping costs in the event of exchange, return or withdrawal from the contract are covered by the Buyer. The parcel should be packed in a way that prevents damage to the returned Goods. The exchange takes place after paying the shipping costs.

  3. In the event of an exchange of the Goods, the Customer informs about this fact by e-mail, providing the address to which the replaced (new) Goods should be sent.

IX. WITHDRAWAL FROM THE CONTRACT

  1. The Buyer who is a Consumer has the right to withdraw from the contract concluded with the Seller within 14 days from the date of conclusion of the contract. To exercise the right to withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post or e-mail).

  2. In order to meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract expires. In such a situation, he may use the template constituting Annex 2 to these Regulations.

  3. The period referred to above starts from the day following the day on which the Goods were received by the Consumer (receipt date). To meet the deadline for withdrawal from the Agreement, it is sufficient to send a statement before the deadline.

  4. Effects of withdrawal from the Agreement:

    1. The contract is considered not concluded

    2. The Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the declaration of withdrawal from the Agreement, all payments made by him, except for additional costs incurred by the Consumer resulting from the chosen method of delivery of the Goods other than the cheapest standard method of delivery of the Goods offered by the Seller. . However, the Seller may withhold the refund until the Goods are received or the Consumer provides proof of sending them back, depending on which event occurs first.

    3. the payment is refunded using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.

  5. Withdrawal from the contract is not possible in the case of the sale of Digital Products if the Buyer has agreed to perform the contract and provide him with digital content in the form of the selected Digital Product before the deadline for withdrawal from the contract expires. The moment when the Buyer agrees to the delivery of a digital product is after making payment for the digital product.

X. OUT-OF-COURT METHODS OF RESOLVING DISPUTES

  1. The Seller is liable for non-performance or improper performance of the Agreement.

  2. Disputes arising from the implementation of the Agreement will be resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or another arbitration court. The customer may also use other methods of out-of-court dispute resolution, for example submitting his complaint via the EU ODR online platform, available at:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL

  3. Detailed information on the possibility for the Customer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Provincial Inspectorates of Inspections. Handlowa and at the following Internet addresses of the Office of Competition and Consumer Protection:https://www.uokik.gov.pl/

  4. If the Customer is not interested in using out-of-court dispute resolution methods, the resolution of any disputes arising between the Seller and the Customer will be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Polish Code of Civil Procedure.

XI. SECURITY OF PERSONAL DATA

  1. The administrator of the personal data databases provided by the Buyer to the Store is the Seller.

  2. The Seller undertakes to protect personal data in accordance with the General Regulation, Personal Data Protection Act of May 10, 2018. and the Act on the provision of electronic services of July 18, 2002. The personal data provided by the Buyer when placing the order is voluntary, but necessary for the implementation of the Sales Agreement in the Store. The buyer has the opportunity to view, correct, update and delete his or her personal data at any time.

  3. Detailed rules for collecting, processing and storing personal data used to process orders by the store are described in the Privacy Policy, which can be found at:
    https://sklepmedyczny.store/pl/info/polityka-prywatnosci

XII. FINAL PROVISIONS

  1. Buyers will be notified electronically about changes to the Regulations and their scope (to the e-mail address provided during registration or ordering). The notification will be sent at least 7 days before the new regulations enter into force. Changes will be introduced in order to adapt the regulations to the applicable legal status.

  2. Amendments to the Regulations do not violate the rights of persons who placed Orders or concluded contracts before the amendment to the Regulations, which means that the provisions of the Regulations that were in force on the day of their submission or conclusion apply to Orders placed and contracts concluded before the amendment to the Regulations. Except for the situation when the Consumer considers them less favorable than the current Regulations and informs the Seller about choosing the current one as binding.

  3. In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; the Consumer Rights Act, the Personal Data Protection Act and other relevant provisions of Polish law.

  4. In the event that some provisions of these Regulations turn out to be invalid, ineffective or could be considered prohibited clauses, this does not invalidate the entire Regulations, but the relevant provisions of law will apply instead of the above provisions.

 

The Regulations are valid from April 1, 2020.

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