Terms of service

/Terms of service
Terms of service2019-12-18T13:04:41+01:00

§ 1

GENERAL PROVISIONS 

  1. These regulations together with applicable law constitute the rules for using the Mommy Mouse Online Store available at: mommymouse.com.pl. The regulations below will define the scope and manner of services provided electronically, the conditions for concluding and terminating contracts for the provision of electronic services, complaint procedure. By placing an order, the Customer accepts these Rules and Regulations.
  2. The Mommy Mouse Online Store is the property of Beata Celej running a business under the company “MM System Diapers Beata Celej” located at Pl. Tadeusza Kościuszki nr 7  Zator, Poland 32-640 NIP: 5511207756 and REGON number: 851798128.
  3. In order to contact the Seller using:
    – E-mail address: biuro@mommymouse.com.pl
    – Mailing address to the www.mommymouse.pl online store is Pl. Tadeusza Kościuszki nr 7  Zator, Poland 32-640
    – Telephone contact: +48 570 008 155
    Working days from 9:00am to 17:00pm

§ 2

DEFINITIONS

  1. Working days – From Monday to Friday, excluding public holidays.
  2. Registration form – a form available on the Store’s website for creating a Customer Account.
  3. Order form – a form available on the Store’s website used to place an Order by adding Goods to the Basket and specifying the terms of the sales contract, including the method of payment and delivery of the Goods.
  4. Client – a natural person, excluding legal persons and organizational units without legal personality, to whom the law confers legal capacity.
  5. Customer Account – functionality on the Store’s website available after registering in the Store via the Registration Form that enables placing an Order, changing / updating Customer data, access to the history of Orders and the stage of completing Orders placed.
  6. Consumer – a Customer who is a natural person making a legal transaction with the Seller not directly related to his business or professional activity.
  7. Cart – functionality on the Store’s website, in which the terms of the Order are visible, including the number of Goods, the total amount to be paid, enabling the change of the terms of the sales contract until the Order is placed.
  8. Goods – a movable item being the subject of a sales contract between the Customer and the Seller ordered through the Store, in particular reusable diapers.
  9. Entrepreneur – a person who carries out business activities on his own behalf within the meaning of the Act of March 6, 2018, Entrepreneurs’ Law (Journal of Laws of 2019, item 1292, 1495).
  10. Regulations – these Regulations governing the conditions of selling Goods remotely.
  11. Store – Mommy Mouse Online Store available at wmommymouse.com.pl
  12. Seller – the owner of the Store Beata Celej running a business under the company “MM System Diapers Beata Celej” at: pl. Tadeusza Kościuszki nr 7, 32-640 Zator with NIP: 5511207756 and REGON number: 851798128.
  13. Order – the Customer’s declaration of intent made using the Order Form, aimed directly at the conclusion of the contract for the sale of Goods between the Customer and the Seller.

§ 3

SERVICES

  1. According to these Regulations, the Store provides services of selling Goods electronically in order to conclude a sales contract and its implementation in accordance with the conditions set out by the Customer in the Order Form.
  2. The conditions for the provision of electronic services are set out in § 4 of the Regulations on the principles set out in 5-9 of these Regulations.

§ 4

TERMS OF SERVICE PROVISION

  1. For full use of the Store and its functionality it is necessary to have:
    – device with access to the Internet with Chrome, Safari, Opera, Firefox, Internet Explorer version … or newer;
    – active e-mail account (e-mail address);
    – enabled cookies;
    – java script enabled.
  2. The Store’s website uses cookies. For proper operation and functionality of the site, it is recommended to agree to enable cookies. Detailed information on the purpose of storing and accessing information by means of cookies, as well as the possibility for the Customer to specify the conditions for storage or accessing information contained in cookies by means of software settings installed in the terminal equipment used by the Customer or the service configuration can be found in Privacy policy.
  3. Before registering an Account or placing an Order, the Customer confirms that they have read and understood the Regulations.

§ 5

OPENING A CUSTOMER ACCOUNT AND TERMINATION OF THE CONTRACT

  1. Creating a Customer Account is voluntary. You do not have to create an account in order to place an Order, but in the case the Customer resigns from creating an Account, the customer also resigns from the Account’s functionality provided by the Store.
  2. In order to create a Customer Account in the Store, the Customer completes the Registration Form, in which you must provide the following
    – E-mail address
    – Customer Account password
    – First name and last name
    – Name displayed
    – Billing address
    – Shipping address, if different from the billing address.
  1. Logging in to the Customer Account after registration requires the username or e-mail address and password provided in the Registration Form.
  2. The Customer is obliged to keep secret and secure the login and password to the Customer Account in such a way that unauthorized persons do not have access to them.
  3. Either party may terminate the contract for the provision of electronic services with a notice period of 14 days. Termination or termination of the contract for the provision of electronic services by mutual agreement does not release the Customer from payment for orders placed until termination / termination, unless the parties agree otherwise.
  4. The Customer may delete an Account at any time without giving a reason and incurring fees, by sending a request to delete the Account to the e-mail address biuro@mommymouse.com.pl. A request to delete a Customer’s account is considered a termination of the contract for the provision of electronic services.
  5. The seller has the right to terminate the contract for the provision of electronic services when:
    – The Customer does not show any activity on the Customer’s Account, in particular when an order has not been placed or when the account has not been logged into within 12 months of the last activity on the Customer’s Account;
    – The purpose of registering a Customer Account is, of course, contrary to the rules of the Store’s operation;
    – The client’s activity is contrary to applicable moral standards, calls for violence, committing a crime, violates the rights of third parties or the content posted by the client is unlawful;
    – Has received a notification from state authorities about the unlawful or factual nature of the provided personal data or data regarding the Customer’s activity;
    – Has obtained reliable information about the unlawful or factual nature of the provided personal data or data regarding the Customer’s activity and has previously notified the Customer about the possibility of blocking the Customer Account;
    – The customer grossly or persistently violates the provisions of these Regulations;
    – the personal data provided by the Customer raises objectively justified doubts as to their correctness or compliance with the facts, and these doubts could not be removed by telephone or electronic contact with the Customer, whereby objectively justified doubts shall be understood as providing the name of a non-existent city, a non-existent street in a given city, providing fictitious identification data.

§ 6

PLACING AN ORDER AND CONCLUDING A SALE CONTRACT

  1. The seller sells goods on the Store’s website, in particular reusable diapers.
  2. Information about the Goods along with the given price posted on the Store’s website does not constitute an offer within the meaning of art. 66 § 1 of the Act of 23 April 1964 Civil Code (Journal of Laws of 2019, item 1145, 1495), and constitute an invitation to conclude a contract within the meaning of Art. 71 of the Act of 23 April 1964 Civil Code (Journal of Laws of 2019, item 1145, 1495).
  3. All prices placed in the Store next to the Goods are given in Polish zloty together with the goods and services tax (VAT). The prices do not include delivery costs, which are visible after the Customer defines the delivery method at the end of the Order.
  4. Placing an order via the website constitutes an offer within the meaning of art. 66 § 1 of the Civil Code of April 23, 1964 (Journal of Laws of 2019, item 1145, 1495). The offer is binding within 2 Business Days, after which it expires. If the offer is withdrawn prior to the Seller’s acceptance before its expiry, it will expire upon withdrawal.
  5. To place an order:
    – select the Product being the subject of the Order, and then click the “Add to Cart” button;
    – after clicking “Cart” select the type of shipment and press “Go to checkout”;
    – log in to the Customer Account or use the option of placing an Order without registration;
    – if you choose the option to place an Order without registration, complete the Order Form by entering customer data, including name, surname, delivery address, email address, telephone number, entering invoice details if you wish to deliver it, company name (optional ), and then click “Continue”;
    – if you wish to send to an address other than the one indicated in the Order Form or indicate comments to the Order, fill in the tab “Shipping address” by entering customer data, including name, surname, delivery address, email address, phone number, entering invoice data if you wish to provide it, company name (optional), comments on the Order (optional), and then click ‘Continue’;
    – choose the payment method: bank transfer, tpay (quick transfer), or payment to the courier on delivery – “on delivery” or in cash by personal
  1. In response to the order, the Seller confirms receipt of the Order by sending an e-mail to the address provided by the Customer in order to:
    – acceptance of the Order (offer) – the sales contract is concluded on the day of submitting the declaration of acceptance of the Order after verifying the availability of the ordered Goods;
    – refusal to accept the Order (offer) – in this case the sale contract is not concluded;
  1. proposed changes, so-called counter offer – in this case, to conclude a sales contract, the customer must accept the counter offer by sending an email to the Seller.
  2. The counter-offer may be sent to the Customer in particular due to the lack of availability of the ordered Goods or due to other similar circumstances. The counter-offer binds the Seller 2 Business Days, after which it expires. The client’s acceptance of the counter-offer within the period of its validity results in the conclusion of the sales contract on the conditions specified in the counter-offer
  3. If the order includes Goods tailored to individual customer preferences, the price and other terms of the contract will be determined individually.
  4. In the event of the conditions described in § 5 para. 6 points b, d, e, g The Seller has the right to withdraw from the sales contract within 10 Business Days of placing the Order.

§ 7

PAYMENT

 

  1. Payments for ordered Goods in the Store can be made:
    – by transfer to a bank account – within 3 Business Days of the date of the sales contract, enter the order number as the title of payment;
    – The order will be processed after the payment is credited to the Store’s account.
    – Tpay electronic transfer (fast transfer) – immediately after completing the Order Form and accepting the Regulations,
    – Cash on delivery of the courier on delivery – payment is made at the time of collecting the courier,
    – In cash on delivery in person – payment is made on delivery.
  1. Bank transfer details:
    – Bank No.
    ING BANK ŚLĄSKI 72 1050 1113 1000 0097 0668 3621
    – Bank number for international shipments
    ING BANK ŚLĄSKI S.A.PL 72 1050 1113 1000 0097 0668 3621 (SWIFT INGBPLPW)
    – Beata Celej MM System Diapers Beata Celej Tadeusza Kościuszki nr 7, 32-640
    – NIP (tax identification number): 5511207756 and REGON (tax identification number): 851798128.
  1. If the Customer chooses the payment method that expires before the date of the performance of the contract by the Seller and in the event of the ineffective expiry of the payment deadline, the Seller is entitled to withdraw from the sales contract within 14 Business Days from the day following the payment date.

§ 8

SUPPLY

  1. The deadline for delivery of the goods is 3 business days, unless the parties otherwise agree. The delivery date begins to run:
    – if you choose to pay by bank transfer, electronic transfer or electronically using a payment card – from the day following the date of crediting the Seller’s bank account,
    – if you choose to pay in cash on delivery of a postal or courier package on delivery or in cash on delivery in person – from the day after the date of conclusion of the sale contract.
  1. If the order includes Goods tailored to individual customer preferences, the date of delivery of the Order goods will be determined individually.
  2. The seller always encloses a proof of purchase – receipt, and upon the Customer’s request submitted with the Order – a VAT invoice.
  3. The cost of delivering the goods is given each time when placing the Order, at the latest immediately before the end of the Order submission process.
  4. Orders are carried out on the territory of the Republic of Poland. There is also the possibility of shipping abroad. In this case, after clicking “Cart” and choosing the country and city and zip code, shipping costs are calculated. In case of doubt, the terms of sale and shipment of goods abroad are agreed individually with the customer.
  5. If there has been a violation of the condition of the shipment, the Customer requests to determine the condition of the shipment by protocol at the time of its delivery in order to determine the extent of damage. The protocol determining the status of the shipment sent to the Store will facilitate the consideration of complaints, but this is not a condition for recognizing the complaint.
  6. If, after releasing the parcel, the Customer finds a defect or damage that cannot be seen from the outside, the Customer should immediately, but not later than within 7 days from the day of collecting the parcel, request the carrier’s protocol determination of the condition of the parcel. The protocol determining the status of the shipment sent to the Store will facilitate the consideration of complaints, but this is not a condition for recognizing the complaint.

§ 9

CONSUMER RIGHT TO WITHDRAW FROM THE CONTRACT

  1. Pursuant to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2019, item 134, 730, 1495), a consumer who has entered contract, may withdraw from it within 14 days without giving any reason and without incurring costs, except for the costs listed in paragraph 4 below.
    The deadline to withdraw from the contract begins:
    – from the date of delivery of the goods to the Consumer.
    – in the case of a contract that covers many Goods that are delivered separately, in batches or in parts – from the delivery of the last item, batch or part;
    – in the case of a contract that involves the regular delivery of goods for a limited period of time – from taking possession of the first of the things.
  1. The consumer may withdraw from the contract by submitting a declaration of withdrawal to the seller, the model of which is Annex 1 to these Regulations, except that failure to use the model statement is not mandatory for its effectiveness. To meet the deadline, it is sufficient to send a statement before its expiry as follows:
    – via e-mail to the following address: mommymouse@interia.pl
    – via traditional mail address: “MM System Diapers Beata Celej” pl. Tadeusza Kościuszki nr 7, 32-640 Zator
  1. The Seller shall immediately send the Consumer confirmation of receipt of the statement of withdrawal from the contract to the e-mail address provided by the Consumer.
  2. The consumer has the right to withdraw from the contract without costs, except for:
    – additional delivery costs incurred by the Consumer, if he chose a delivery method other than the cheapest, normal delivery method offered by the Seller;
    – direct return costs;
    – payment for services performed until the withdrawal from the contract after submitting a request that the performance of the service is to begin before the deadline to withdraw from the contract.
  1. The right to withdraw from a contract concluded outside the business premises or at a distance is not entitled to the Consumer in the cases specified in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2019, item 134, 730, 1495), and in particular in relation to contracts:
    – in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
    – in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
    – in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
  1. The consumer is obliged to return the item to the Seller or pass it on to a person authorized by the Seller to collect immediately, but not later than 14 days from the day on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
  2. The consumer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
  3. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivery, except for the costs specified in paragraph 4 lit. a and c above. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him.
  4. If the Seller has not offered to collect the item from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.
    The Seller does not accept parcels sent COD.

§ 10

COMPLAINTS PROCEDURE

  1. The contract of sale covers new goods.
  2. The Consumer shall be entitled at any time to make complaints about the services rendered electronically by the Service Provider.
  3. In the event of a defect in the item sold, the Seller shall be liable in particular in the provisions of art. 556 and 5561-5563 of the Act of 23 April 1964 Civil Code (Journal of Laws of 2019, item 1145, 1495). Liability for defects in items sold under the warranty provisions is excluded in relation to the Customer who is not a Consumer.
  4. The Customer can lodge a complaint to the Service Provider in relation to the services rendered by them, in particular, in writing or via an e-mail. In order to expedite the process of handling complaints, please provide in the complaint notification a short description of the reasons underlying the complaint and contact information of the Customer notifying about the complaint.
    – first name and last name;
    – order number;
    – a description of the of the reasons underlying the complaint;
    – circumstances and date of occurrence of the defect;
  1. Customer’s request in connection with the defect of the goods.
    It is recommended that the complaint notification of irregularities.
  1. Complaints should be submitted:
    – via e-mail to the following address: mommymouse@interia.pl
    – via traditional mail address: “MM System Diapers Beata Celej” pl. Tadeusza Kościuszki nr 7, 32-640 Zator.
  1. The Seller will respond to the complaint request immediately, and if the Customer is a Consumer – no later than within 30 days from the date of receipt of the complaint. If the Customer is a Consumer and the Seller has not responded to the complaint within the time limit referred to above, it is considered that the Seller has accepted the complaint. The Seller shall respond to the complaint to the Consumer in writing or on another durable medium.
  2. The product is covered by the manufacturer’s warranty for a period of 2 years. Complaints should be submitted to
    – via e-mail to the following address: mommymouse@interia.pl
    – via traditional mail address: “MM System Diapers Beata Celej” pl. Tadeusza Kościuszki nr 7, 32-640 Zator.
  1. The warranty does not cover:
    – mechanical damage resulting from improper and improper use of the product;
    – damage resulting from failure to follow the manufacturer’s instructions regarding washing, cleaning, drying and maintaining the product;
    – damage resulting from the use of softeners, caustic substances and other than dedicated detergents for washing baby and children’s clothes as well as washing and drying temperatures above 60 ° C;
    – normal material consumption;
    – consumables (elastic band, Velcro) as elements subject to natural wear and tear during normal use of the products.
    The customer may exercise the warranty rights for physical defects regardless of the rights arising from the warranty.

§ 11

PROCESSING OF PERSONAL DATA

  1. The administrator of the consumers personal data collected through the Online Store is the Seller.
  2. Details regarding the processing of personal data can be found in the Privacy Policy.

§ 12

 OUT OF COURT PROCEDURES METHODS OF HANDLING AND SETTLING COMPLAINTS AS WELL AS INVESTIGATING CLAIMS

 

  1. Detailed information on the Consumer’s ability to utilize out-of-court complaints and vindicating claims and rules of access to these procedures are available at the headquarters of the municipal consumer advocates and the websites of county (Municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and the Office of Competition and Consumer Protection on the website below.
    http://www.uokik.gov.pl/spory_konsumenckie.php
    http://www.uokik.gov.pl/sprawy_indywidualne.php
    http://www.uokik.gov.pl/wazne_adresy.php
  2. The Client being a Consumer has the following exemplary possibilities for out-of-court means of dealing with claims and vindication of claims:
    – The Consumer is entitled to apply to the Inspectorate of the Trade Inspection in accordance with the Act of 23 September 2016 on the out-of-court resolution of consumer disputes (Journal of Of Laws of 2016, item 1823), requesting the initiation of mediation procedures on out-of-court resolution of disputes between the Consumer and the Seller.
    – Central Inspectorate of Trade Inspection – Krakow Małopolska Ujastek Street nr. 1 31-752 Krakow Poland
    www.krakow.wiih.gov.pl
    sekretariat@krakow.wiih.gov.pl
    – The consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2019, item 1668), with a request to resolve a dispute arising from the Agreement concluded with the Seller;
    – The Consumer may obtain free assistance in settling the disputes with the Seller, also using the free help of the county (municipal) consumer advocate or social organization, whose statutory tasks include consumer protection for example The Consumer Federation or The Polish Consumer Association.
    – The customer has the right to use out of court procedures of dealing with complaints and claims. Consumers can submit a complaints and claims via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/

§ 14

FINAL PROVISIONS

  1. In matters not covered in these Regulations, the general provisions of Polish law shall apply, in particular:
    – the Act of 23rd April 1964 Civil Code (Journal of Laws of 2019, item 1145, 1495);
    – the Act of 18th July 2002 on the provision of electronic services (Journal of Laws of 2019, item 123, 730);
    – the Act of 30th May 2014 on consumer rights (Journal of Laws of 2019, item 134, 730, 1495);
    – the Act of 10th May 2018 on the protection of personal data (Journal of Laws of 2019, item 1781).
  2. The Seller reserves the right to amend the Regulations. The current version of the Regulations is available on the website www.mommymouse.com.pl.
  3. To orders for the purchase of Goods placed before the entry of the amendments to the Terms of Use into force, the provisions of the Terms of Use in wording in force at the time of placing the order shall apply.
  4. The User shall be notified of each amendment to the Terms of Use by posting by the Seller on the Website the information about the amendment to the Terms of Use with the amended provisions at least 7 days before introducing the amendment.