Mollusan.com ONLINE SHOP REGULATIONS
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
1. The Regulations define the terms and conditions for the provision of electronic services, including the use of the Store, as well as the rights, obligations and conditions of liability of the Seller and the Customer. The Regulations also contain information that the Seller is obliged to provide to the Consumer in accordance with applicable regulations, including the Act of 30 May 2014 on consumer rights (Journal of Laws 2017.683 as amended)
2. Every Customer should read the Regulations.
3. The Regulations are available on the Store’s website and are available free of charge also before the conclusion of the contract. At the request of the Customer, the Regulations are also made available in such a way that enables the acquisition, reproduction and recording of its content by means of the ICT system used by the Customer (e.g. by e-mail).
4. Basic definitions:
1) Regulations: Regulations of the Online Store;
2) Seller: Mollusan Europe Sp. z o.o. sp.k. NIP (VAT ID No.): 7822866031, REGON (statistical No.): 383866257. The company entered to the National Court Register with the number 0000794719
3) Customer: a natural person who is at least 18 years old and has full legal capacity, a legal person and an organizational unit without legal personality, but who can acquire rights and incur obligations on their own behalf, who will establish a legal relationship with the Seller in the scope of the Store’s activities. The customer is also a consumer if there are no separate provisions in relation to the consumer in a given issue;
4) Consumer: The customer who is a natural person making a legal transaction (purchase) with the Seller, not related directly to his business or professional activity;
5) Electronic service – service within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2017.1219, as amended), provided electronically by the Seller to the Customer via the Website;
6) Store or Online Store, or Service: Electronic service, Online Store run by the Seller at the Internet address www.mollusan.com, under which the Customer concludes a distance sales contract, the parties are informed about the sale by means of automatically generated electronic mail, and performance of the contract (in particular the delivery of the Good) occurs outside the internet;
7) Account – Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of resources in the Seller’s ICT system, in which the data provided by the Customer and information about activities within the Store are collected.;
8) Goods or Product – goods sold in the Store, included in the Seller’s offer;
9) Contract – distance contract, regarding the purchase of Goods, concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller;
10) Form – the script that is an electronic means of communication, enabling the submission of orders in the store or other activities in the store;
11) Order – the instruction to purchase the Good made by the Customer by means of technical communication;
12) Newsletter – Electronic Service, electronic distribution service provided by the Seller via electronic mail (e-mail), which allows all customers using it to automatically receive cyclical messages (newsletters) from the Seller, containing information about the Website, including new products or promotions in the Store.
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
1. The Seller’s details: address 45/38 Katowicka str, 61-131 Poznan, Poland, email: email@example.com
2. The seller offers the following types of Electronic Services:
3. The Seller provides Electronic Services in accordance with the Regulations.
4. The technical condition for using the Store is the Customer’s possession of a computer or other devices enabling browsing the Internet, relevant software (including a web browser), Internet access and a current and active e-mail account.
5. The Customer is prohibited from providing illegal content.
6. Using the Store may be associated with threats typical of Internet use, such as spam, viruses, hacker attacks. The seller undertakes actions to counteract these threats. The Seller indicates that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining or modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, including antivirus and identity protection programs using the Internet.
7. Conclusion of the contract for the provision of Electronic Services takes place via the Store via the Internet. The Customer may at any time terminate the use of Electronic Services by leaving the Store or by deleting the Customer’s account. In this case, the contract for the provision of Electronic Services is automatically terminated without the need for additional statements by the parties.
8. It is not possible to use the Store anonymously or using a nickname.
CHAPTER 3. PERSONAL DATA
1. The Seller processes personal data provided by customers in accordance with applicable law, including in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on free movement such data and repealing Directive 95/46 / EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, hereinafter: “Regulation”). In particular:
1) The Seller ensures that these data are:
a) processed in accordance with the law, fairly and transparently for customers and other data subjects;
b) collected for specific, explicit and legitimate purposes and not further processed in a way incompatible with those purposes;
c) adequate, relevant and limited to what is necessary for the purposes for which they are processed;
d) correct and updated as necessary;
e) stored in a form that allows identification of the data subject for no longer than is necessary for the purposes for which the data are processed;
f) processed in a way that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organizational measures,
2) The Seller applies appropriate technical and organizational measures to ensure the protection of personal data processed appropriate to the nature, scope, context and purposes of processing as well as the risk of violation of the rights or freedoms of natural persons;
3) The Seller provides access to personal data and the exercise of other rights to customers and other data subjects in accordance with applicable law.
2. The basis for the processing of personal data is the consent of the Clients or the occurrence of another condition authorizing the processing of personal data according to the Regulation.
3. The Seller guarantees the exercise of the rights of persons whose personal data are processed on the principles arising from the relevant provisions, including those persons:
1) the right to withdraw consent regarding the processing of personal data;
2) the right to information regarding their personal data;
3) the right to control data processing, including supplementing, updating, rectifying, deleting;
4) the right to object to processing or to restrict processing;
5) the right to lodge a complaint with a supervisory authority and use other legal means to protect your rights.
4. A person having access to personal data processes it only on the basis of the Seller’s authorization or the contract entrusting the processing of personal data and only on the instruction of the Seller.
5. The Seller ensures that he does not disclose personal data to entities other than those authorized under the applicable law, unless required by European Union law or Polish law.
CHAPTER 4. ADDITIONAL INFORMATION
1) Account registration on the Store’s website is free and requires the following actions: the Customer should complete the registration form providing specific data and making statements regarding the acceptance of the Regulations, processing personal data, and providing commercial information. A link to verify the Account will be sent to the Customer’s email address provided by him during the Account registration process. Logging in to the Account consists of providing the login and password set by the Customer. The password is confidential and should not be shared with anyone.
2) The account allows the Customer to enter or modify data, make or check Orders and view the history of Orders.
3) The Electronic Account service is provided free of charge for an indefinite period.
4) The Customer may at any time resign from the Store Account by sending an appropriate request to the Seller by email at firstname.lastname@example.org or in writing to the Seller’s address: 45/38 Katowicka str, 61-131, Poznan, Poland.
1) The Newsletter service aims to provide the customer with the ordered information.
2) The use of the Newsletter does not require registration of the Account by the Customer, but requires providing an email address and making statements regarding the acceptance of the Regulations, processing personal data, providing commercial information.
3) A link confirming the subscription of the Newsletter will be sent to the email address of the Customer.
4) The Newsletter Electronic Service is provided free of charge for an indefinite period.
5) The Customer may at any time unsubscribe from the Newsletter by sending an appropriate request to the Seller by email at: email@example.com or in writing to the address of the Seller: 45/38 Katowicka str, 61-131, Poznan, Poland.
1) The Seller allows Customers to post on the Store’s website individual and subjective statements (opinions, comments) of the Customer, in particular regarding Goods.
2) The service is provided free of charge for an indefinite period.
3) Using the service is possible anonymously.
4) The Seller may use opinions for the purposes of content posted on the Website.
CHAPTER 5. SALES
1) All Products offered in the Store are new and have no defects. A detailed description of the Good is on the Store’s website.
2. Orders and their realisation
1) The order may be placed by completing the Form available in the Store.
2) Orders can be placed after registering an Account in the Store or without registering an Account in the Store (guest purchases).
3) The Customer is obliged to carefully fill out the Form, providing all data in accordance with the facts and specifying the chosen method of payment and delivery.
4) The Customer provides data in the Form and makes statements regarding acceptance of the Regulations, processing of personal data, and providing commercial information.
5) Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays are processed the next business day.
6) Confirmation of placing the Order is made by the Customer by selecting the button (field) marked “order with the obligation to pay”. The Seller will send the Order confirmation to the email address provided by the Customer.
7) The delivery time (i.e. until the date of dispatch of the Good) is up to 4 business days.
1) All prices of Goods given in the Store are gross prices in Euro (price includes VAT). The price of the Good does not include the costs referred to in item 2 below. The price of the Good given when the Customer places the Order is binding on both parties.
2) The costs associated with the delivery of the Good shall be borne by the Customer.
3) The Customer can choose from the following payment methods:
a) traditional bank transfer – payment before shipment of the Good (prepayment). After placing the Order, the Customer should pay / transfer the amount due to the Store’s bank account. The Order is processed after the Customer’s payment is credited to the Store’s bank account;
b) payment via the Przelewy24 payment system – payment before shipment of the Good (prepayment). After placing the Order, the Customer should pay via the Przelewy24 system. The Order is processed after the Customer’s payment is credited to the Przelewy24 payment system;
c) payment via the PayPal payment system – payment before shipment of the Good (prepayment). After placing the Order, the Customer should pay via PayPal. The Order is processed after the Customer’s payment is credited to the PayPal payment system;
c) payment on delivery of the Goods (cash on delivery) – the Customer pays the amount directly when collecting the Goods from the carrier. The order is processed after the Order is accepted.
4) The Store issues proof of purchase for each Product sold and delivers it to the Customer, provided that the provisions of generally applicable law require delivery.
5) The customer is obliged to pay within 5 days of the conclusion of the sales contract, unless the chosen method of payment requires a different date. If the customer fails to make the payment within this period, then – in accordance with art. 491 § 1 of the Civil Code (Journal of Laws 2017.459 as amended) – the Seller will set an additional payment period for the Customer, after which he will be entitled to withdraw from the contract ineffectively. If the Customer declares that he will not perform the services, the Seller may withdraw from the contract without setting an additional date, also before the indicated date of performance.
1) The product is sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise.
2) The product is delivered by carrier service according to the customer’s choice. The package sent via a carrier service should be delivered within 3 business days of the date of dispatch of the Good.
3) Along with the Goods, the Seller issues to the Customer all elements of its equipment as well as operating, maintenance and other documents required by the provisions of generally applicable law.
4) The Seller indicates that:
a) from the moment the Goods are released to the Customer or the carrier, the Customer receives the benefits and burdens associated with the Goods as well as the risk of accidental loss or damage to the Goods. When selling to the Consumer, the risk of accidental loss or damage to the Good shall pass to the Consumer upon delivery of the Good to the Consumer. The release of the Goods is deemed to be entrusted by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer,
b) acceptance of the parcel with the Goods by the Customer without reservations results in the expiration of claims for loss or damage in transport, unless:
i) damage was confirmed by protocol before accepting the parcel;
ii) such a statement was abandoned due to the fault of the carrier;
iii) the loss or damage resulted from the wilful misconduct or gross negligence of the carrier;
iv) the damage not noticeable from the outside has been recognized by the authorized person after accepting the parcel and within 7 days demanded to determine its condition and proved that the damage occurred in the time between accepting the parcel for transport and its release.
5. Additional information for the Consumer
1) The contract is not concluded for an indefinite period and will not be subject to automatic extension.
2) The minimum duration of the consumer’s obligations under the Contract is the duration of the Contract, i.e. the payment and receipt of the Goods.
3) The use of the Store by the Consumer does not involve the obligation to make a deposit or provide other financial guarantees.
4) The seller is not obliged and does not apply the code of good practices referred to in art. 2 point 5 of the Act of 23 August 2007 on counteracting unfair market practices (Journal of Laws 2017.2070 as amended).
CHAPTER 6. LIABILITY
1. Liability under the warranty is excluded in legal relations with customers.
2. The Seller is liable to the Consumer if the Good has a physical or legal defect (warranty) on the terms set out in the provisions of the Civil Code (Journal of Laws 2017.459 as amended) and in the Act of 30 May 2014 on consumer rights (Journal of Laws . 2017.1768, as amended), including on the following terms:
1) physical defect is the non-compliance of the Goods with the contract. In particular, the Goods do not comply with the contract if:
a) Goods have no properties that this kind of thing should have due to the purpose in the contract marked or resulting from the circumstances or purpose;
b) The product does not have properties that the Seller has provided to the Consumer;
c) The goods are not suitable for the purpose about which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;
d) The product was delivered to the Consumer in an incomplete state.
2) The Good has a legal defect if the Goods are the property of a third party or if they are encumbered with the right of a third party, as well as if the restriction on the use or disposal of the Goods results from a decision or ruling of a competent authority; in the event of the sale of a right, the Seller is also responsible for the existence of the right;
3) The Seller is liable under the warranty for physical defects that existed at the time the danger passed to the Consumer or resulted from a reason inherent in the Goods at the same time.
4) The seller is released from liability under the warranty, if the consumer knew about the defect at the time of conclusion of the contract;
5) If a physical defect was found within one year from the date of delivery of the Good, it is presumed that the defect or its cause existed at the time the danger passed to the Consumer;
6) The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Good to the consumer, and if a movable item is used by the Consumer, the Seller is liable under the warranty if a physical defect is found within one year from the date of issue goods;
7) The Consumer’s rights under the warranty are:
a) request to reduce the price of the Goods or withdraw from the contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a non-defective one or removes the defect;
b) The consumer may instead of the removal of the defect proposed by the Seller request replacement of the Product for one free of defects or instead of the replacement of the item demand removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller . When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed;
8) The consumer who exercises the rights under the warranty, is obliged at the expense of the Seller to deliver the defective item to the place indicated in the contract, and if such place is not specified in the contract – to the place where the item was delivered to him.
CHAPTER 7. INTELLECTUAL PROPERTY
1. The rights to the Service and its content belong to the Seller.
2. The address of the website where the Store is available, as well as the content of the website www.mollusan.com are subject to copyright and are protected by copyright and intellectual property law.
3. All logos, names, graphic designs, films, texts, forms, scripts, source codes, passwords, trademarks, service marks etc. are registered trademarks and belong to the Seller, producer or distributor of the Goods. Downloading, copying, modifying, reproducing, sending or distributing any content from www.mollusan.com without the consent of the owner is prohibited.
CHAPTER 8. FINAL PROVISIONS
2. All departures from the Regulations must be in writing to be valid.
3. The court having jurisdiction to settle the dispute between the Seller and the Customer will be the court having jurisdiction over the Seller’s registered office. The court having jurisdiction to settle the dispute between the Seller and the Consumer will be the court competent according to general principles (court of the defendant’s place of residence) or another more convenient for the Consumer (pursuant to Articles 31-37 of the Code of Civil Procedure).