TERMS AND CONDITIONS OF HOA & MOA ONLINE STORE
These Regulations set the conditions for using the Online Store,
maintained by the Seller at www.hoa-moa.com
The seller and owner of the Online Store is HOA & MOA art toys,
Małgorzata Szwałek based in Zielona Góra 65-528, ul. T. Zawadzki “Zoski”
40A / 29, hereinafter referred to as HOA & MOA art toys, entered in the Central Register of Information on
Economic Activity conducted by the Minister of Development. NIP 929 -100 -06- 23,
REGON 970359276.
§ 1 Definitions
1. Order cancellation – the option of terminating the Sales Agreement or not accepting its conclusion for reasons beyond the Seller’s control, as indicated in the Regulations; in case
canceling the Order, the customer receives the one given during the sales procedure
e-mail address, the message of cancellation with the reasons for such action.
2. Delivery time – the time at which the order is completed, then
issued to the carrier in order to deliver the Goods to the address indicated by the Customer;
the order delivery time does not include delivery time;
3. Working days – means Monday to Friday (excluding the public, statutory holidays)
4. Supplier – means a courier company with which the Seller cooperates in the field of Goods Delivery.
5. Contact Form – a service that involves sending messages directly to the Seller via form placed on the Online Store Website.
6. Order Form – An electronic service, an interactive form available in the Store
Online, allowing the submission of orders, in particular by adding
Goods to electronic cart and specifying the terms of the Sales Agreement, including the method of payment and delivery.
7. Password – means a string of letters, digits or other characters selected by the customer to secure access to his account in the Online Store.
8. Client – (1) a natural person with full legal capacity, and in
cases predicted by generally applicable regulations also an individual with limited legal capacity; (2) legal person; or
(3) an organizational unit without legal capacity, which grants
legal capacity by the law; – using or intending to use on terms
indicated in the Regulations, which makes an Order or Registration in the Store
On the Internet and for the benefit of which the services are provided by the Seller
electronic; or with which a Sales Agreement can be concluded.- Law on Rights
Consumer of 30 May 2014. (Journal of Laws 2014, item 827, as amended)
9. Consumer – means a natural person who performs legal activities with the entrepreneur not directly related to his business or professional activity;
10. Customer Account – an individual, customizable element of the Online Store, created for him by the Seller and after being made by the Customer Registration and conclusion of a contract for the provision of a service for maintaining a Customer Account.
11. Cart – an integral part of the Online Store and the purchasing system in which the Customer
approves the terms of the Order, i.e. type and quantity of Goods, data for delivery or invoice, payment method;
12. Newsletter – means a free electronic, distribution service provided by the Seller via e-mail, which allows, every customer who uses it, to automatically receive cyclical
content of the next editions of the Newsletter containing information about the Goods, new products and promotions in the Online Store, from the Seller.
13. Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, which the law provides with legal capacity, leading in his own business under own name and legal activities related directly with its business.
14. Regulations – these regulations of the Online Store.
15. Registration – a procedure performed by the Customer in the manner specified in the Regulations in order to complete the Order and use certain functions of the Online Store;
16. Online Store (Store) – Internet service available at: www. hoa-moa.com, using which the Customer may, in particular, submit the Order for available Goods;
17. Seller – HOA & MOA art toys, Małgorzata Szwałek based in Zielona Góra
65-528, ul. T. Zawadzki “Zośki” 40A / 29, hereinafter referred to as HOA & MOA art toys, entered
to the Central Register of Information on Business Activity conducted by
Minister of Development. NIP 929 -100 -06- 23, REGON 970359276.
18. Online Store Website – means the website under which the Seller
runs the Online Shop, operating in the domain www.hoa-moa.com.
19. Goods: Toy, Doll, Accessory – the product indicated in the Online Store, which may be the subject of the Purchase Agreement;
All Goods placed in the Online Shop are made by hand and according to the original HOA & MOA brand projects covered by the protection law, granted on based on the regulations of June 30, 2000. Industrial Property Law (Journal of Laws of 2013, item 1410, as amended) by the Patent Office of the Republic of Poland. The essential properties of each Commodity are available on the Shop subpage assigned to it; the image of the Goods presented on the Online Store’s website is only a visualization of its actual appearance and is informative; due to the manual execution of each product, the characteristic is small differences in
dimensions or the overall appearance of the product.
20. Permanent media – means a material or tool that allows the Customer or the Seller to store information personally directed to him in a manner that allows
access to information in the future for a period of time appropriate to the purposes for which this information is provided and which allows the stored information to be restored unchanged
form.
21. Sales Agreement – a contract for the sale of Goods within the meaning of the Act of 23 April
1964 – Civil Code (Journal of Laws of 1964 No. 16, item 93 with amendments),
concluded in accordance with the provisions of the Regulations between the Seller and the Customer, via the Store’s sales system.
22. Electronic Service – a service provided electronically by the Seller, who
is a Service Provider for the benefit of the Customer who is the Service Recipient through the Online Store.
23. The Service Recipient – (1) a person with full legal capacity, a
in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal capacity, the law of which grants legal capacity; – using or intending to use the Service Electronic. (Act on consumer rights, – Act of 30 May 2014. O.
consumer rights (Journal of Laws of 2014, item 827, as amended)
24. Order – Customer’s declaration of will leading directly to the conclusion of the Agreement
Sales, with indication of its essential conditions.
§ 2. General rules
1.All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Shop Website as well as products, forms and photos presented in the Online Store belong to the Seller, and the use of them may take place only with the consent of the Seller expressed in writing.
2. These Regulations define the rules of using the Online Store, in particular the conditions for placing an Order and its modification, making payments and other rights and obligations of the Customer and the Seller. Regulations are addressed to Consumers and Entrepreneurs using the Online Store, unless the given provision of the Regulations provides otherwise and is addressed only to Consumers or Entrepreneurs.
3. The Online Store operates on the territory of the Republic of Poland retail sales of Goods, in particular hand-made HOA & MOA toys, via the Internet.
4. The Online Store provides free services provided electronically, in particular in the form of running a Customer Account, Newsletter and sharing the functionality of the Store, including an interactive form for placing an Order and a Contact Form.
5. These Regulations are available free of charge before the conclusion of the contract on the Online Store website, and – at the Customer’s request – in a manner that allows him to obtain, reproduce and record the content of the Regulations using the Store’s IT system.
6. The condition of using the website, making the Registration and submitting the Order in the Online Store is to read the Regulations and its acceptance during their implementation.
7. The information contained in the Online Store is not an offer within the meaning of the Act of 23 April 1964 – Civil Code, but it is only an invitation to conclude a Sales Agreement.
8. In order to use the Online Store and fulfill the Order, the following minimum technical requirements must be met:
A. device with access to the Internet,
B. installed and updated version of the internet browser (eg Internet Explorer, Chrome, FireFox, Opera, Safari) with JavaScript enabled and necessary
applications
C. an active e-mail account (e-mail),
D. recommended minimum screen resolution of 1024×768 pixels.
9. The customer is required to prohibit:
A. providing content prohibited by law, e.g. infringing on goods
personal and other rights of third parties;
B. actions in a way that violates the law: including:
* in the field of artistic property rights – the act of 4 February 1994. On copyright and related rights (Journal of Laws of 1994 No. 24, item 83, as amended);
* whether to circumvent the law and also to contradict the rules of cohabitation
social or morality;
C. using the Online Store in a way that disrupts its functioning or is burdensome for the Seller and other Customers.
10. The Seller provides protection of the electronic message by applying technical and organizational measures to secure the data against their acquisition by unauthorized persons. At the same time, the Seller indicates that the use of the Internet and services provided electronically may be jeopardized by the entry of malicious software into the ICT system and the user’s device, as well as unauthorized access to customer data, including personal data, by third parties. In order to minimize these threats, the Client should use appropriate technical security measures, eg using anti-virus or user identification programs on the Internet. The seller never asks the customer to provide him with any form of password.
11. It is not allowed to use the functions and resources of the Online Store in order to conduct activities by the Customer that would infringe the interests of the Seller.
12. Agreements are concluded in accordance with Polish law and in Polish. A translation of the Online Store website in English is available. These regulations define the priority of the Polish language version.
13. The Seller uses the mechanism of “cookie” files which when the Customer uses the Online Store Website, saved by the Seller’s server on the hard drive of the Customer’s end device. The use of “cookies” serves the correct operation of the Online Store Website on the Customer’s end device. This mechanism does not destroy the client’s terminal device and does not cause any configuration changes in the client’s end devices or in the software installed on this device. The customer can disable the “cookies” mechanism in the web browser of his terminal device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Store Website.
§ 3. Registration
1.The Customer has the option of creating an individual Account free of charge for improving the order placement process, tracking the Order status, printing invoices, viewing the history of ordered Goods or modifying personal data and delivery address. For this purpose, the Customer performs the Registration procedure.
2. The User gains the status of a registered Customer as a result of:
A. performing the necessary registration activities in the Online Store according to an interactive form, in particular providing their real data,
by following the detailed messages displayed on the Store’s website during the procedure;
B. logging in to the Online Store.
3. After sending the registration form, the Customer receives an email confirmation of the Registration in the Online Store. Upon the confirmation of the Registration sent to the e-mail address provided in the registration form, a contract for the electronic provision of the Customer Account service is concluded, and the Client gains access to the Customer Account and changes of data provided during the Registration.
4. In the Registration process, the Customer provides a login and his / her individual Password, through which he then gains access to the Account. The Customer may not share the Password with third parties. The account is not transferable. The seller never asks the customer to enter his password.
5. During Registration, the Customer has the opportunity to become acquainted with the Shop Regulations and accepting it by marking the appropriate box in the registration form.
6. During the registration, the customer may voluntarily agree to. processing of his personal data for marketing purposes, by checking the appropriate box in the registration form. In this case, the Seller clearly informs about the purpose of collecting personal data of the Customer, as well as about the known to the Seller or anticipated recipients of such data.
7. The Customer’s consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the electronic provision of Customer Account service. The consent may be withdrawn by the Customer at any time by submitting to the Seller an appropriate Client statement in writing using e-mail or traditional mailing post services.
8. After registration, each login is carried out using the data indicated by the customer in the registration form. When leaving the Online Store, the Customer should always log out of the Account.
9. The account contains information provided by the client during registration. The logged-in customer has access to their data, can modify them and can delete the account along with all personal data by submitting such a request to the seller. Detailed information on the protection of personal data are provided in § 9 of the Regulations.
10. The Customer is obliged to update the Account details.
§ 4. Orders
1.Orders can be placed electronically 24 hours a day, 7 days a week throughout the year, with the reservation that their implementation takes place on working days until 4:00 PM.
2. The Orders may be placed by Customers who:
– have the status of a registered user of the Online Store;
– they do not have the status of a registered user of the Online Store;
– The Customer who does not have a registered Account, makes Orders without following the Registration and logging procedure.
3. The Customer prepares the Order by virtual adding the Goods to the Cart. Effective addition causes, that in the Cart tab, the Goods are on the list of Orders. For each Commodity, the number of pieces of ordered products is indicated, which can be freely modified and the price of the Good. After completing the Order, the Customer is informed of the total price for selected Goods and Supplies, as well as any additional costs he is obliged to incur in connection with the Sale Agreement. After confirming the selection of the Goods, the Customer specifies the invoice data and delivery address (the customer must enter the data themselves if it is not logged in), the method of delivery (shipment) and payment methods for the Order. Approves them and sends them to the Seller by activating the virtual button –
“I order and pay”. In the order placement process, until the “I order and pay” button is activated, the customer has the option of modifying it through the online store sales system.
4. The information presented in the Online Store is an invitation to submit offers by customers. Placing an order by the Customer is tantamount to submitting a declaration of will to conclude the Goods Sale Agreement. The conclusion of the Sale Agreement takes place at the moment of sending to the e-mail address given in the Order confirmation of acceptance of the Order for execution by the Seller.
5. The order is effective if the customer correctly completes the order form and correctly provides contact details, including the correct address to which the product is to be sent. The seller will contact the customer when the data is not complete. If contact through the fault of the Customer is not possible, it is considered that the benefit is impossible and the Seller has the right to cancel the Order or withdraw from the contract.
6. The consolidation, securing and sharing of the content of the concluded contract takes place through the Online Shop’s sales system and is attached to the dispatched Goods. The customer also has free access to them from the login level on their Account.
7. After placing the order, the Seller sends the confirmation of the order placed by the Customer to the e-mail address provided by the Customer.
8. Then, after confirming the order placement, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the Order for execution. Information about the acceptance of the Order for execution is a statement of the Seller about accepting the offer, and upon its receipt by the Customer a Sales Agreement is concluded.
9. If the Customer does not receive the confirmation within 3 days, he ceases to be bound by the submitted offer.
10. In the event that the Seller can not fulfill the obligation due to temporary inability to satisfy the performance with the properties ordered by the Customer, the Seller may fulfill the substitute order, corresponding to the same quality and for the same price or remuneration, at the same time informing the Customer about his right not to accept this Order and withdraw from the Agreement, with the return of things at the expense of the Seller. The Customer may also alternatively express the will to partially execute the Order, cancel the entire Order and return the payment or suspend the completion of the Order until the missing Goods are completed.
11. The implementation of the Order begins after the payment is made by the Customer by:
bank transfer – after the payment has been credited by the Seller,
payment by credit card – after the payment has been credited by the Seller
other payments- after the confirmation received by the Seller from the payment operator
12. The store realizes orders in Poland and abroad.
§ 5. Prices and payments
1. Prices given on the Online Store website:
A. they are gross prices and do not contain information regarding the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery when placing the order.
B. are expressed in Polish zlotys, in the translation of the page into English in Euro;
C. do not include delivery costs, which depend on the choice made during the completion of the Order by the Customer and the country to which the Seller is to send the Goods covered by the Order.
2. Each time before sending the Order to the Seller, the Customer is indicated by the sum of Orders, ie the total cost of the Goods and Delivery.
3. The binding price of the Customer is shown in the summary of the Order at the time of its sending to the Seller.
4. The customer can choose one of the following payment methods:
A. payment card;
B. through the payment system: Transfers 24, PayPal.
C. transfer to the Seller’s bank account (data are given in the order confirmation). In this case, the implementation of the Order will be commenced after the funds have been credited to the Seller’s bank account.
5. If, within 7 (seven) Business Days from the date of acceptance of the Order by the Seller, the Customer fails to make payment, the Seller may cancel the Order or withdraw from the contract.
6. For every product sold, a sales document in the form of a VAT invoice is issued. The sales document is a confirmation of the essential elements of the placed Order.
7. Prices given in the Online Store may change (eg as part of the action
promotional or sale of the Good). The terms of the Order may not be changed in relation to the Customer who submitted the offer in the manner specified in § 4 of the Regulations before making the price change. Promotions in the store are not subject to merging.
§ 6. Delivery (shipping)
1. The cost of delivery of the good is borne by the customer and it is added to the amount of the order in the summary.
2. The goods are sent to the address indicated in the Order or Registration form. The Seller will contact the Customer immediately if the form is incorrectly completed and the Order can not be delivered efficiently. The condition of sending the Goods is the payment of the value of the Order.
3. Shipments are delivered by the courier.
4. Delivery in Poland lasts up to 5 (five) Business Days, counted from the moment of completing and giving the Order by the Seller. Delivery to the country within the European Union or US grass respectively to 5 (five) Business Days.
5. The delivery time outside the European Union is based on the courier delivery schedule or it is set individually, at the Customer’s express request to the Seller via e-mail.
6. The client covers the shipping costs according to the delivery price list:
a) in Poland:
– 4,75 €
b) in the European Union:
1/ 16,60€ :
– Germany
– Czech Republic
– UK
2/ 19,05€:
– Italy
– Austria
– Hungary
– Spain
3/ 20,9€:
– France
– Holland
– Finland
– Croatia
4/ 23,20€:
– Slovakia
– Denmark
– Latvia
– Lithuania
5/ 27,60 €:
– Norway
6/ 34,88€:
– Switzerland
c) To other countries, the cost of delivery is determined individually according to the courier’s company price list.
7. The beginning of the delivery of the Goods to the Customer counts as follows:
A. in the case of payment by bank transfer – from the date of receipt of funds to the Seller’s account
B. in the case of payment by a payment card – from the date of receipt of funds to the Seller’s account,
C. in the case of payment via the payment system, after the Seller receives information from the system about the payment by the Customer.
8. If before the delivery of the parcel it turns out that it has suffered loss or damage, the Supplier is obliged to immediately determine the condition of the shipment and the circumstances of the damage. The supplier should do so also at the customer’s request, if he claims that the shipment is violated. In the event of a loss or damage to the shipment, the Customer has the right to demand from the Supplier’s employee to draw up a proper protocol.
9. On the day of sending the Goods to the Customer, information confirming the delivery of the parcel by the Seller is sent to the Customer’s e-mail address.
10. The Seller, in accordance with the will of the Customer, joins the shipment being the subject of the Delivery.
§ 7. Withdrawal from the Sales Agreement
1. A Customer who is a Consumer who has entered into a distance contract may withdraw from it without giving a reason by submitting a relevant statement in writing under pain of nullity – within 14 (fourteen) calendar days without giving reasons and without incurring costs, except for costs specified in point. 7 and 8 § 7 Regulations. To meet the deadline, it is sufficient to send a Statement in writing under pain of nullity, before its expiry to an e-mail address info@hoa-moa.com or also in writing to: Hoa & Moa art toys, Małgorzata Szwałek, ul. T. Zawadzkiego “Zośki” 40A / 29, 65-528 Zielona Góra, Poland.
2. To comply with this deadline, it is enough to send a declaration of will before its expiry. The Customer may use the model statement of withdrawal from the contract attached to the Goods. The statement may be submitted on a form, which is a model
was posted by the Seller on the Online Store’s Website at the Form of Withdrawal.
3. In the event of withdrawal from the contract, the contract is considered void and the customer is released from any obligations. What has been provided by the Store and the Customer is returned unchanged, unless a change was necessary within the limits of ordinary management. It is considered that the rupture of the label does not fall within such limits.
4. The return should take place immediately, not later than within 14 (fourteen) days of receipt of the Customer’s statement of withdrawal from the Sales Agreement. The seller is obliged to return immediately all payments made by the customer, including the cost
Deliveries of goods to the customer. The Seller may withhold reimbursement of payments received from the Customer until receipt of the Goods back or delivery of proof of sending the Goods back.
5. The Seller shall refund the payment using the same method of payment as used by the Customer, unless he has expressly agreed to a different method of return, which is not associated with any costs.
6. The Customer is obliged to return the Merchandise Merchandise immediately and in an unchanged condition and with no signs of use, however not later than within 14 (fourteen) calendar days from the date on which he resigned from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller’s address before the deadline expires.
7. If the customer using the right of withdrawal chose a different method of delivery than the cheapest usual way of delivery offered by the seller, the seller is not obliged to reimburse the customer for additional costs incurred by him.
8. The cost of returning the goods to the Seller in the event of withdrawal from the agreement concluded at a distance shall be borne by the Consumer.
9. The Customer returns the Goods to the postal address indicated at the beginning. If the Customer withdraws from the contract and at the same time returns the Good, he / she should attach a written statement of withdrawal to the Product. The customer should also attach proof of purchase.
10. The Customer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature and characteristics of the Goods and its compliance with the offer made by the Seller and placed on its Online Shop Website.
§ 8. Complaint of goods
1. The Seller concluding the Sale Agreement ensures the sale of the Goods free from defects and legal obligations. The Seller is liable to the Customer if the Goods have a natural or legal defect (warranty).
2. If the Product is inconsistent with the contract, the Customer may demand to bring it into conformity with the contract by free repair or exchange for a new one, unless repair or replacement is impossible or requires excessive costs. In such a case, the Customer is entitled to appropriate price reduction or withdrawal from the contract, which includes the return of the Merchant’s Goods and payment to the Customer by the Seller.
3. The Customer loses these rights if prior to the expiration of 2 (two) months from the finding of non-compliance of the Goods with the contract, he will not notify the Seller. To meet the deadline, it is enough to send a notification before its expiry.
4. The Customer who exercises the rights resulting from the complaint is obliged to deliver the defective Product to the Seller’s address. In the case of the Customer being a Consumer, the cost of delivery of the Goods shall be borne by the Seller, in the case of a Customer who is not a Consumer, the cost of delivery shall be borne by the Customer.
5. In the case of a Customer who is not a Consumer according to art. 558 §1 of the Civil Code, the Seller’s liability under the warranty for a Customer who is not a Consumer is excluded.
6. The Seller is responsible for the non-compliance of the Goods with the warranty contract, only in the event of its discovery within 2 (two) years from the delivery of the Goods to the Customer. A claim for removing a defect or replacing the Goods with a one free from defects expires after one year from the date of purchase of the Goods.
7. Complaints should be submitted to the postal address indicated at the beginning. The complaint should be delivered together with proof of purchase and complaint.
8. To improve the complaint procedure, in particular to determine the non-compliance of the Goods with the Sales Agreement, the Customer should include in the complaint:
A. Customer data enabling contact with him and identification, in particular, the address
B. e-mail and telephone number,
C.data of the sale agreement,
D. the amount and method of payment paid,
the reason for the complaint,
E. Optionally suggested by the customer how to settle a complaint or removal of flaw
9. The Seller will consider the Complaint of Goods within 14 (fourteen) days.
10. The complaint procedure concerns respectively services provided electronically by the Seller, including the Newsletter’s complaints. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address info@hoa-moa.com In the complaint, the customer should include a description of the problem and contact details: e-mail address, Phone number; The Seller shall promptly, but no later than within 14 (fourteen) days, consider the complaint and give the Customer a reply.
11. The seller does not use out-of-court dispute resolution referred to in the Act of 23 September 2016, out-of-court resolution of consumer disputes.
The register of entities that can resolve non-judicial disputes is maintained by
the president of UOKiK is placed on the office’s website. These data are also included in § 13 point 6 of the Regulations.
§ 9. Processing of personal data and privacy policy
1. Personal data collected by Hoa & Moa art toys via the Online Store is processed in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016. On the protection of natural persons and their personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (hereinafter referred to as “the RODO”).
2. Customer’s personal data will be processed by the owner of the Online Store “Hoa & Moa art toys” – Małgorzata Szwałek, hereinafter referred to as the Administrator, which can be contacted by e-mail by sending a message to the following address: info@hoa-moa.com or at telephone number 601 78 45 17. You can also use traditional mail: ul. T. Zawadzki “Zośki” 40A / 29, 65-528 Zielona Góra. Poland.
3. Customer’s personal data will be processed:
A. in order to provide services electronically and to conclude sales contracts – the legal basis for the processing of personal data is Article 6 para. 1 letter b, RODO,
B. in order to send Hoa & Moa art toys, Małgorzata Szwałek to the Customer, the marketing content (newsletters) in the manner for which the Client agreed – the legal basis for the processing of personal data is the legitimate interest of the company – Article 6 para. 1 letter f, RODO; the legitimate interest of the company consists in sending marketing content to the customer during the period of rendering services for him via electronic mail and additionally in a manner for which the customer consented,
C. for the purpose of fulfilling legal obligations incumbent upon the company on the basis of generally applicable laws, including tax and accounting regulations – the legal basis for the processing of personal data is art. 6 sec.1 lit c, RODO,
D. for analytical and statistical purposes – the legal basis for the processing of personal data is the legitimate interest of the company – art. 6 sec. 1 letter f, RODO; it is legitimate interest of the company to analyze the results of its business operations,
E. in order to implement a legitimate interest consisting in the possible determination or pursuing of claims or defense against claims – the legal basis for the processing of personal data is the legitimate interest of the company – art. 6 sec.1 liters f, RODO,
4. Recipients of personal data may be:
A. IT systems and IT service providers,
B. entities rendering accounting services for the company, quality of service, debt recovery, legal, analytical and marketing services,
C. carriers, forwarders, courier brokers,
D. entities handling electronic payments or by credit card, lenders
E. authorities entitled to receive personal data on the basis of legal provisions.
5. The Seller provides appropriate technical and organizational measures to ensure the security of personal data provided by users, in particular preventing third parties from accessing them or processing them in violation of the law, preventing data loss, damage or destruction.
6. The Customer’s personal data will be processed and stored:
A. in the case of personal data processed for the purpose of conclusion and performance of sales contracts – for the time necessary to perform all obligations arising from sales contracts,
B. in the case of personal data processed in order to provide services to the customer electronically – for the time of providing electronic services to him,
C. in the case of personal data processed in order to direct the marketing content to the Customer through the Online Shop – until the Customer raises an objection to the processing of personal data in this respect. After this period, personal data will be processed only to the extent and for the time required by law, including accounting regulations.
Personal data will be kept for the duration of the contract,
In addition, after the contract is terminated, the data will be stored due to the obligations arising from accounting and tax regulations, their duration and for reasons of legal security, until the time limit for any claims. To the extent that the basis for data processing, this consent will be processed until it is withdrawn.
7. Personal data will be subject to licensing:
A. The Administrator may use the Online Shop to advertise for the purpose of direct marketing, but the decisions made on its basis by the Administrator do not concern the conclusion or refusal to conclude a Sales Agreement, or the possibility of using Electronic Services in the Online Store. The effect of using the online store may be, for example, granting the customer a rebate, sending a rebate code, reminding about unfinished purchases, sending a product proposal that may correspond to the customer’s interests or preferences, or offering better terms compared to the standard offer of the Online Store. Regardless of the promotion – the customer independently makes a decision whether he will want to use the rebate received in this way, or better conditions and make a purchase in the Online Store,
B. The data subject has the right not to be subject to a decision which is based solely on automated processing, including procurement, and which has legal effects or has a material effect on him.
8. Each of the granted consents can be withdrawn at any time. Withdrawal The Seller provides appropriate technical and organizational measures to ensure the security of personal data provided by users, in particular, preventing third parties from accessing or processing them in violation of the law, preventing data loss, damaging them or destroy. Withdrawal of consent does not affect the legality of the processing carried out prior to its withdrawal. (Article 7 paragraph 3, RODO). For evidence purposes, the Administrator requests withdrawal of consent in writing to the following address: ul. T. Zawadzkiego “Zośki” 40A / 29, 65-528 Zielona Góra, Poland, or in electronic form – message sent to the following address: info@hoa-moa.com
9.The customer has the right to:
a) access to your personal data (Article 15 of the RW0),
b) correcting your personal data (Article 16 of the ECR),
c) delete your personal data (Article 17 of the RODO),
d) limitations on the processing of your personal data (Article 18 of the RODO)
e) submitting a complaint to the supervisory body regarding the protection of personal data (art.77 RODO).
f) to transfer their personal data, including the right to receive data and send it to another administrator or request, if technically possible, to forward this data directly to another administrator (Article 20 of the RODO)
10. Providing personal data is voluntary, subject to two exceptions:
A. Conclusion of agreements with the Administrator – failure to provide the personal data necessary to conclude and perform the Sales Agreement with the Administrator in cases and in the scope indicated on the Online Store website and in the Online Store Regulations shall result in the lack of the possibility of concluding this contract. Providing personal data in such a case is a contractual requirement and if the person whose personal data is about to enter into a given agreement with the Administrator, he is obliged to provide the required data. Each time, the scope of data required to conclude a contract is indicated previously on the Online Store website and in the Online Store Regulations.
B. Statutory obligations of the Administrator – providing personal data is a statutory requirement resulting from generally applicable law, imposing an obligation on the Administrator to process personal data (eg data processing for the purpose of keeping tax or accounting books) and failure to provide them will prevent the Administrator from performing these duties.
11. In order for the website to function properly, the Seller uses the “cookies” file technology. Cookies are information packages through which the customer uses websites and which are stored on the Customer’s device, usually including the website address, date of placement, expiration date, unique number and additional information consistent with the intended use of the file. “Cookies” may come from the Store administrator or may be external “cookies”, ie placed by the administrator’s partners via the Store’s website
Internet.
12. The Customer may disable or restrict saving of “Cookies” on his device, according to the instructions of the manufacturer of the web browser, but it may result in the unavailability of some or all of the functions of the Online Store. Failure to change browser settings to settings that disable saving files
“Cookies” is synonymous with consenting to saving them.
13. Based on cookies, it is not possible to determine the identity of the customer.
14. The Online Store uses “Cookies” files to:
A. maintaining user’s session (own files),
B. adaptation of the content of the pages to the user’s preferences (own files),
C. ensuring data security (own files),
D. creating statistics (anonymous) to optimize usability
service (external files),
E. linking the website functions to other external services used by the user (external files),
F. displaying advertising information in accordance with the user’s preferences and limiting the number of ad impressions (external files).
15. Every Customer may delete “Cookies” files stored on his device at any time, in accordance with the instructions of the manufacturer of the web browser.
16. Privacy Policy may change, about which the Customer will be informed 7 (seven) calendar days before its introduction.
17. Date of publication of the Privacy Policy: 05.11.2019r
§ 10. Free Services
1. The Seller provides the following services to Clients electronically: Newsletter, Contact Form, Customer Account Maintenance
2. The subscription service of the Newsletter is provided by the Seller to Customers who voluntarily agree to it.
3. Newsletter service consists in sending by the Seller, to the email address, an electronic message containing information about new ones
products or services in the Seller’s offer. The Newsletter is sent by the Seller to all Clients who have subscribed.
4. The Newsletter subscription service may be used by the Customer who will enter his e-mail address (e-mail) using a shared form for this purpose.
by the Seller on the Online Store Website. The Customer accepts the content of the Regulations and consents to the Seller processing a set of personal data contained in the Form for the provision of the Newsletter service for marketing purposes and for the transmission of commercial information by electronic means related to the Newsletter service provided. After sending the completed form, the Customer receives, immediately, via email, to the email address
electronic form provided in the form, confirmation by the Seller. With this moment, a contract is concluded for a free service for an indefinite period of time, by electronic means of the Newsletter service.
5. A customer who uses the Newsletter may at any time terminate the contract for the provision of the Newsletter service by unsubscribing from the subscription. The Newsletter is canceled by activating the appropriate link in the footer of each e-mail sent as part of the Newsletter service, or by activating the appropriate field in the Customer Account. An agreement for the Newsletter service can also be terminated without giving a reason
by sending an appropriate request to the Seller via email to the address info@hoa-moa.com or in writing to: Hoa & Moa art toys,
Małgorzata Szwałek, ul. T. Zawadzki “Zośki” 40A / 29, 65-528 Zielona Góra.Polska.
6. The Service Provider provides protection of the electronic message by applying technical means to the extent corresponding to the threats to the security of the Newsletter service.
7. The use of the Order Form begins when added by the Customer
the first Product to the Basket in the Online Store. Placing an Order takes place after completing the Order Form and after confirming the Purchase – clicking on the Online Store Website, after completing the Order Form “I place and pay”. Up to this point, it is possible to modify the entered data yourself. In the Order Form, it is necessary for the Customer to provide the following data: Name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data concerning the Sale Agreement: Goods, the quantity of the Goods, place and method of delivery of the Goods, payment method. In the case of non-customers
Consumers also need to provide the company name and tax identification number.
8. The electronic service The Order Form is provided free of charge and is of a one-off nature and terminates when the Order is placed via it or when the Ordering Party ceases to place the Order through it.
9. The Customer Account Service is available after registering in the Online Store on the terms set out in the Regulations and consists in providing the Customer with a panel in
within the Online Store Website, enabling the Customer to update the data he provided during Registration as well as tracking the status of order fulfillment and history
orders already completed.
10. Customer Account service is provided free of charge for an indefinite period. The customer who made the Registration may at any time and without giving reasons, give up
Accounts by sending an appropriate request to the Seller (Service Provider) to the email address or in writing to: Hoa & Moa art toys, Małgorzata Szwałek, ul. Zawadzki “Zośki” 40A / 29, 65-528 Zielona Góra. Poland. In the event of a request to delete the Customer Account by the Seller, it may be deleted 14 (fourteen) calendar days from submitting the request.
11. The Seller is entitled to block access to the Customer Account and free services, if the Customer acts to the detriment of the Seller or other Clients, violations by the Customer of the law and the provisions of the Regulations, as well as when blocking access to the Customer Account and free services is justified by security reasons – in particular, the Customer’s breach of the Online Store Website security or other actions contrary to applicable law. Blocking access to the Customer Account for the aforementioned reasons lasts for the period necessary to establish the reason for blocking access to the Customer Account. The Seller shall notify the Customer about blocking access to the Customer Account by electronic means to the address provided by the Customer during the Registration.
12. The Contact Form service consists in sending a message to the Seller displayed on the Online Store’s Website using the Contact Form.
13. The Seller terminates the contract for the provision of electronic services by sending an appropriate statement to the email address provided by the Customer during the Registration.
14. The Customer (Client) is obliged to use the Online Store in a manner consistent with the law and morality, keeping in mind respect for the personal rights and copyrights and intellectual property of the Seller – the Act of February 4, 1994. On copyright and related rights (Journal of Laws of 1994 No. 24, item 83 with
as amended. d.);
§ 11. Change of Regulations
1. The Seller may change these Regulations for important reasons, in particular legal or technical.
2. Registered clients will be informed about the change in the Regulations in an e-mail sent to the address provided during the Registration, sent 14 days before the entry
into force of the Regulations in a new wording, and unregistered Customers – in a message displayed on the home page for 14 days before its entry into force.
3. The customer again accepts or refuses to accept the provisions of the Regulations.
4. In the absence of acceptance of the amended Regulations, the Customer has the option to delete the Account at any time.
5. Orders placed before the amendments to the Regulations enter into force are implemented in accordance with the current wording of the Regulations.
§ 12. Provisions regarding Entrepreneurs.
1. This section of the regulations applies only to Clients and Service Users who are not Consumers.
2. The Seller has the right to withdraw from the Sales Agreement concluded with the Client who is not a Consumer within 14 (fourteen) calendar days from the date of its conclusion. Withdrawal from the Purchase Agreement may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer in relation to the Seller.
3. The Seller shall not be liable for damage to or loss of the Goods sent to a Customer who is not a Consumer, which has arisen since the release of the Goods by the Seller for delivery by the Supplier. At the moment of the Seller’s delivery of the Supplier’s Goods to a non-Consumer Customer they shall undergo all rights related to the possible damage or loss of the Goods. If it is found that during the delivery of the Goods there has been a loss or damage, the Customer who is not a Consumer is obliged to perform all actions necessary to determine the Supplier’s responsibility including examination in the manner accepted in shipments of this type of condition delivered by the Supplier.
4. A seller providing free services in the case of a Customer who is not a Consumer may terminate the contract for the provision of these services with immediate effect without giving reasons. The Seller shall send the termination to the e-mail address of the Customer who is not a Consumer, indicated by him during registration in the Online Store.
5. The Seller shall not be liable for lost profits in relation to the Customer who is not a Consumer. The Seller is liable to the Customer who is not a Consumer only for typical damage predictable at the time of the Sale Agreement.
6. In the case of a Customer who is not a Consumer according to art. 558 §1 of the Civil Code, the Seller’s liability under the warranty for a Customer who is not a Consumer is excluded.
7. Disputes arising between the Seller and the Customer, who is not a Consumer, shall be subject to a court having jurisdiction over the seat of the Seller. The official language in the courts is Polish.
13. Final Provisions
1. Contracts concluded by the Online Store are concluded in Polish. These regulations determine the priority of the Polish language version.
2. The Seller reserves the right to make changes to the Regulations for important reasons: changes in the law, changes in methods of payment and delivery – to the extent to which these changes affect the implementation of the provisions of these Regulations.
3. All orders accepted by the Seller for execution prior to the date of entry into force of the new Regulations shall be implemented on the basis of the Regulations, which was in force at the date of placing the Order by the Customer. The amendment to the Regulations comes into force within 7 (seven) days from the date of publication on the Online Store Website. The Seller will inform the Customer 7 (seven) days prior to the entry into force of the new Regulations on amendments to the Regulations by means of messages sent by e-mail in which a reference to the text of the amended Regulations will be included. In the event that the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact, which results in the termination of the contract for the provision of services by electronic means.
4. In case of concluding on the basis of these Terms and Conditions of continuous contracts (eg keeping a Customer Account), the amended Regulations bind the Customer (the Recipient) if the requirements specified in art. 384, of the Civil Code, which state that the Client has been properly notified about the changes and did not terminate the contract within 14 (fourteen) days from the date of notification. In the event that a change to the Regulations results in the introduction of new fees or increase of the current customer (the Recipient) being a consumer has the right to withdraw from the contract.
5. In the event of a dispute arising out of the concluded Sales Agreement, the parties shall endeavor to resolve the dispute amicably. The law applicable to all disputes arising from these Regulations is Polish law.
6. The Seller informs the Customer who is a Consumer about the possibility of extrajudicial methods of examining complaints and pursuing claims. The list of bodies authorized to out-of-court settlement of consumer disputes is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumeckich.php, and an online platform for settling disputes between consumers and entrepreneurs at the EU level is available at address: http://ec.europa.eu/consumers/odr/
7. In matters not covered by these Regulations, the provisions shall apply
universal law, in particular:
a) Act on the provision of electronic services of July 18, 2002. Of the Civil Code (Journal of Laws of 2002 No. 144, item 1204, as amended)
b) for Sale Agreements concluded from December 25, 2014 with the Client being a Consumer – provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant generally applicable provisions
rights.
c) the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16 item 93, as amended).
d) the Act on Counteracting Unfair Market Practices (Journal of Laws of 2007 No. 171
item 1206
8. The provisions of the Regulations may not violate the mandatory provisions, in particular those governing consumer rights.
9. All materials, including game elements, composition of these elements, trademarks and others, available in the Online Store are the subject of exclusive rights, in particular they are subject to the protection of copyright and industrial property rights – Act of February 4, 1994. On copyright and related rights (Journal of Laws of 1994 No. 24, item 83, as amended); The use of materials made available in the Online Store in any form requires the consent of the Seller each time.
10. Any disputes regarding the conclusion and implementation of the Sales Agreement or the Agreement on the provision of Free Services between the Seller and the Customer will be settled through negotiations. In the event of disagreement, disputes arising as a result of the conclusion and implementation of the Sales Agreement or the Agreement for the provision of Free Services between the Seller and the Customer will be settled by the court competent for the seat of the Seller. The official language in the courts is Polish.
Date of publication of the regulations: 05.11.2019r.