Terms & Conditions

I. General provisions

These Regulations define the general terms and conditions, method of providing electronic services and sales conducted with the use of the Internet Store www.happymoses.com. The Store is run by Wioletta Stroka, doing business under the name W&B Wioletta Stroka, entered into the Register of Entrepreneurs of the Central Registration and Information on Business, kept by the Minister of Development at Podhalanska 31, Tax Identification Number (NIP) 633 159 53 26, 8, hereinafter referred to as the Seller.
Contact with the Seller takes place through:
1. Email address: hello.happymoses@gmail.com;
2. Phone number: +48 512 122 231, +44 7517 470 876
3. the contact form available on the Internet Shop's website.
These Terms and Conditions are continuously available on the website www.happymoses.com in a way that makes it possible to obtain, reproduce and preserve their content by printing or saving them on a carrier at any time.
The Seller informs that the use of Services provided electronically may be associated with risks for each user of the Internet, consisting of the possibility of introduction of harmful software to the Client's information and communication system and acquisition and modification of its data by unauthorized persons. In order to avoid the risk of such threats, the above-mentioned Client should use appropriate technical measures to minimize their occurrence, in particular anti-virus software and firewall.

II. Definitions

The terms used in the Terms & Conditions shall mean:

Working days - these are days from Monday to Friday excluding public holidays;
Customer - a natural person with full legal capacity, a natural person running a business, a legal person or an organizational unit not being a legal person, to which special provisions grant legal capacity, who places an Order in the Internet Shop or uses other Services available in the Internet Shop;
Civil Code - the Act of 23 April 1964. (Journal of Laws No. 16, item 93 as amended);
Account - a part of the Internet Shop assigned to a given Client, by means of which the Client may perform certain actions within the Internet Shop;
Consumer - a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
Przedsiębiorca – Klient będący przedsiębiorcą w rozumieniu art. 43[1] Kodeksu cywilnego;
Regulations - this document;
Goods - a product presented in the Online Shop, the description of which is available next to each of the presented products;
Contract of sale - the contract of sale of the Goods, as defined by the Civil Code, concluded between the Seller and the Client;
Services - Services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act - Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
Act on the provision of services by electronic means - Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
Order - Customer's declaration of will, aiming directly at concluding a Sales Agreement, specifying, in particular, the type and number of Goods.

III. Rules of using the Internet Shop

The use of the Internet Shop is possible on condition that the ICT system used by the Customer meets the following minimum technical requirements:
1. a computer or mobile device with Internet access,
2. access to e-mail,
3. Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later,
4. Cookies and Javascript are enabled in your browser.
Using the Internet Shop means any action of the Customer which leads to him/her becoming acquainted with the content of the Shop.
In particular, the Customer is obliged to:
1. not to provide or transmit content that is prohibited by law, e.g. content that promotes violence, defames or violates personal rights and other rights of third parties,
2. use the Internet Shop in a manner not interfering with its functioning, in particular by using specific software or devices,
3. not to undertake actions such as: sending or placing within the scope of the Internet Shop unsolicited commercial information (spam),
4. use the Internet Shop in a manner not burdensome for other Clients and the Seller,
5. use any content placed in the Internet Shop only within the scope of own personal use,
6. to use the Internet shop in a manner compliant with the provisions of the law in force in the Republic of Poland, with the provisions of the Terms and Conditions, and with the general principles of using the Internet.

IV. Services

The Seller enables via the Internet Shop to use free services, which are provided by the Seller 24 hours a day, 7 days a week.
The service of maintaining an Account in the Internet Shop is available after registration. Registration takes place by completing and accepting the registration form made available on one of the pages of the Internet Shop. The agreement for the provision of the service consisting in maintaining an Account in the Online Shop is concluded for an indefinite period of time and shall be terminated when the Customer submits a request to delete the Account or uses the "Delete Account" button.
The Customer has the possibility to send messages to the Seller using the contact form. The contract for the provision of the Service consisting in making available an interactive form enabling the Clients to contact the Seller is concluded for a definite period of time and terminates when the message is sent by the Client.
The Seller has the right to organize occasional competitions and promotions, the terms of which are always displayed on the Store's websites. Promotions in the Internet Shop cannot be combined unless the Regulations of a given promotion state otherwise.
In the case of violation by the Customer of the provisions of these Terms and Conditions, the Seller, after a prior ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services upon 14 days' notice.

V. Procedure for the conclusion of the Sales Agreement

Information about the Goods given on the websites of the Store, in particular their descriptions, technical and usable parameters as well as prices, constitute an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code.
All goods available in the Internet Shop are brand new and have been legally introduced into the Polish market.
The condition for placing an Order is having an active e-mail account.
In the event of placing an Order via the Order form available on the website of the Online Shop, the Order is placed by the Client to the Seller in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods being the subject of the Order. An offer made in electronic form is binding upon the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance of the Order for execution, which constitutes the Seller's statement of acceptance of the Client's offer, and upon its receipt by the Client a Contract of Sale is concluded.
The sales contract shall be concluded in English, with the content in accordance with the Terms and Conditions.

VI. Delivery

Delivery of the Goods shall be made to the address indicated by the Customer when placing the Order.
The Customer may choose the following forms of delivery of the ordered Goods:
1. by courier service;
2. through a postal service provider.
The Seller on the websites of the Store in the description of the Goods informs the Client about the number of working days needed for the execution of the Order and its delivery, as well as about the charges for delivery of the Goods.
The time for delivery and performance of the Order shall be counted in Working Days, in accordance with item VII. VII item 2.
The Seller shall provide the Customer with proof of purchase.
If different lead times are stipulated for the Goods covered by the Order, the longest of the stipulated periods shall apply to the entire Order.

VII. Prices and payment methods

The prices of the Goods are in Euro and include all components, including tax.
The customer can choose the following payment methods:
1. bank transfer to the Seller's bank account (in this case execution of the Order will commence after the Seller has sent the Client a confirmation of acceptance of the Order, and the Order will be dispatched immediately after the funds have been credited to the Seller's bank account and the Order has been completed);
2. electronic payment (in this case execution of the Order will commence after the Seller has sent the Client a confirmation of acceptance of the Order and after the Seller has received information from the payment agent's system that the payment has been made by the Client, and the shipment will be made immediately after completion of the Order).
The Seller shall inform the Customer on the Shop's website about the time limit within which the Customer is obliged to make payment for the Order. In the absence of payment by the Customer within the period referred to in the previous sentence, the Seller, after prior ineffective calling for payment setting an appropriate time limit, may withdraw from the Contract under Article 491 of the Civil Code.

VIII. Right of withdrawal

The Customer who is a Consumer may withdraw from the Agreement without giving any reason by making a relevant statement within 14 days. In order to meet this deadline, it is sufficient to send the declaration before its expiry.
The Customer may formulate the declaration on his/her own or use a sample declaration made available by the Seller at the Shop website.
When exercising your right of withdrawal, please present/present any proof of purchase of goods that will enable us to identify the transaction made in our Store. If you wish to exercise your right of withdrawal, please inform the Shop in advance, if possible, and then return the goods together with any proof of purchase to the Shop's address.
The 14-day period shall run from the date on which the Goods were delivered or, in the case of a Service Contract, from the date of its conclusion.
Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller shall send to the Consumer's e-mail address a confirmation of receipt of the declaration of withdrawal from the Agreement.
The Consumer's right of withdrawal is excluded in the case of:
1. provision of services if the Seller has performed the service in full with the express consent of the Consumer who has been informed before the provision of services that after the Seller's performance he will lose the right to withdraw from the Agreement;
2. A contract in which the price or remuneration depends on fluctuations in the financial market which are not controlled by the Seller and which may occur before the end of the period for withdrawal;
3. Agreement in which the subject matter of the supply is a non-refabricated good produced to the Consumer's specification or serving to satisfy his individual needs;
4. A contract in which the subject matter of the performance is an item supplied in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;
5. A contract in which the subject matter of the performance is products which, after delivery, by their nature are inseparable from other goods;
6. The contract concluded by public auction;
In the case of withdrawal from the Agreement concluded at a distance, the Agreement shall be considered not concluded. What the parties have provided shall be returned in an unchanged condition, unless the change was necessary in order to determine the nature, characteristics, and functionality of the Goods. The return shall take place immediately, no later than within 14 days. The purchased goods shall be returned to the Seller's address.
The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement return to the Consumer all payments made by him, including the costs of delivery of the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer unless the Consumer agrees to a different method of reimbursement, and this method will not be associated with any cost to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the item back or delivery by the Consumer of proof of its return, whichever event occurs first unless the Seller has offered to collect the item from the Consumer himself.
The Customer shall only bear the direct cost of returning the goods unless the Seller has agreed to bear that cost.
When sending goods back to the Store (e.g. as a result of withdrawal or complaint), the Customer should take into account the properties of the goods in order to properly pack them so that they are not damaged or destroyed.
Replacement
1. The Seller provides the Client with the possibility to exchange the goods within 14 days from the date of their delivery. The request for an exchange can be made at the e-mail address of the Seller: hello.happymoses@gmail.com, telephone number +48 512 122 231.
2. Replacement of the Goods is only possible for the Goods that are currently available on the Seller's website.
In order to replace the Goods, the Client should fill in and sign the replacement form available at the Store's website, properly secure the parcel and attach the proof of purchase. The Goods under the exchange should be sent to the Seller by registered mail. The costs of returning the goods to the Store and the costs of sending the new Goods to the Client shall be borne by the Client.
The Seller will contact the Customer if the Goods to be replaced were no longer available. The Customer will be able to choose other Goods or withdraw from the exchange. In the case of withdrawal from the exchange, the Goods shall be returned to the Client at the Client's expense.
In the event of an exchange for Goods of a lower price, a refund will be made within 14 days using the same method of payment used by the Customer to purchase the Goods.
In the case of exchanging for Goods of a higher price, the Seller shall exchange the Goods after recording payment of an amount equal to the price difference. In order to speed up the exchange process, the Client can attach the transfer confirmation to the shipment.
Personalized goods produced according to the customer's specifications cannot be exchanged.
The Goods which are intact and do not bear traces of use can be replaced. The Seller refuses to exchange the Goods when they are damaged or bear traces of use.

X. Warranty Claims for Goods

The Seller undertakes to deliver the Goods free from defects.
The Seller is liable to the Customer who is a Consumer under the warranty for defects according to the principles specified in Article 556 - 576 of the Civil Code. In relation to Customers who are Entrepreneurs, the warranty is excluded.
Complaints arising from the violation of the Customer's rights guaranteed by law or under these Regulations should be addressed to W&B Wioletta Stroka, ul. Podhalanska 31, 44-335 Jastrzebie Zdroj, Poland, at the email address: hello.happymoses@gmail.com, phone number +48 512 122 231, +44 7517 470876.
In order to consider the complaint, the Customer shall send or deliver the Goods complained of, if possible, attaching the proof of purchase. The Goods shall be delivered or sent to the address W&B Wioletta Stroka ul. Wroclawska 9/15, 44-335 Jastrzebie - Zdroj, Poland
The Seller undertakes to process each complaint within 14 days.
In the case of deficiencies in the complaint, the Seller shall call the Customer to supplement it to the extent necessary, immediately, but no later than within 7 days from the date of receipt of the call by the Customer.

XI. Complaints about the provision of electronic services

The Customer may submit to the Seller complaints regarding the functioning of the Store and use of the Services. Complaints can be submitted in writing to the address: hello.happymoses@gmail.com, telephone number +48 512 122 231, +44 7517 470 876.
In the complaint, the Customer should provide his/her name, correspondence address, type, and description of the problem.
The Seller undertakes to process each complaint within 14 days, and if this is not possible, to inform the Customer when the complaint will be processed. In case of defects in the complaint, the Seller will call the Customer to supplement it to the necessary extent within 7 days from the date of receipt of the call by the Customer.

XII. Guarantees

The Goods may have a manufacturer's warranty.
In the case of Goods covered by a guarantee, information concerning the existence and content of the guarantee and the period for which it has been granted shall be each time presented in the description of the Goods at the websites of the Store.

XIII. Out-of-court complaint and redress procedures

A Customer who is a Consumer has the following possibilities of using out-of-court ways of dealing with complaints and asserting claims:
1. is entitled to apply to the permanent amicable consumer court acting at the Trade Inspection for settlement of a dispute arising from the concluded Sales Agreement;
2. is entitled to apply to the regional inspector of the Trade Inspection to initiate mediation proceedings for the amicable termination of the dispute between the Customer and the Seller;
3. may obtain free assistance in resolving a dispute between a Customer and a Seller, using also free assistance of a county (municipal) consumer advocate or a social organization whose statutory tasks include protection of consumers (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free Consumer Helpline number 800 007 707 and by the Polish Consumer Association at the e-mail address porady@dlakonsumentow.pl;
4. submit your complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.

XIV. Protection of personal data

Personal data provided by Customers are collected and processed by the Seller in accordance with applicable law and the Privacy Policy available on the Shop's website.

XV. Final provisions

All rights to the Shop, including property copyright, intellectual property rights to its name, Internet domain, the website of the Shop, as well as to the forms, logotypes belong to the Seller, and the use of them may take place only in the manner specified and compliant with the Terms and Conditions.
Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, is subject to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
Settlement of potential disputes arising between the Seller and the Customer who is an entrepreneur is subject to the court having jurisdiction over the seat of the Seller.
In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on Providing Electronic Services, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
Each Customer shall be informed of any amendments to these Terms and Conditions by information on the home page of the Internet Shop containing a summary of the amendments and the date on which they become effective. Customers who have an Account shall additionally be informed of the changes together with their summary at the e-mail address indicated by them. The effective date of the changes shall not be shorter than 14 days from the date of their publication. If the Customer who has a Customer Account does not accept the new content of the Terms and Conditions, they are obliged to inform the Seller about this fact within 14 days from the date of informing about the change of the Terms and Conditions. Notifying the Seller about the lack of acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.
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