Terms of service
Article 1. General provisions
- These Regulations of the Mokoss Online Store (hereinafter referred to as "Regulations”) defines the rules for making purchases as part of the online store available in the Mokoss.eu domain (hereinafter referred to as "Mokoss.eu”) and the provision of electronic services in the field of keeping the account referred to in Article 2 paragraph 5.
- The seller is Mokoss Justyna Kossowska with its registered office in Poznań 61-541, ul. Przemysłowa 51/12, NIP: 7831849807, REGON: 520987699.
- To use Mokoss.eu, you need a device with Internet access and a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in the current version. To use some of the functionalities of the Mokoss.eu online store, including registration, as well as placing orders for Products, an active e-mail account (e-mail) is required.
Article 2. Customers and registration
- Mokoss.eu customers (hereinafter referred to as "Customers”) may be persons who are 16 years of age or older and have legal capacity to the extent that allows them to effectively make a specific purchase.
- In order to facilitate the use of Mokoss.eu, the Customer may register (create an account) by completing the electronic form available at Mokoss.eu, providing his e-mail address and password, name, surname, address and mobile phone number. Creating and using an account is free. It is not required to set up an account by the customer to make a purchase.
- As a result of correctly completed registration, the Customer receives access to the account created for him, which he can use under Mokoss.eu after providing the e-mail address and password provided during registration (logging in).
- The contract for the provision of electronic services in the field of account management is concluded between the Customer and the Seller when the Customer receives access to the account created for him.
- The account contains the Customer's data provided by him in the registration form and the history of his purchases under Mokoss.eu. In the event of any changes to the data in the account, the Customer is obliged to immediately update them using the appropriate form available on the Mokoss.eu website. The customer is responsible for indicating incomplete, out-of-date or untrue data or the lack of appropriate updates of their data.
- The Customer is not allowed to provide other people with the possibility of using the account, including disclosing the password used to access the Account. The Customer is obliged to keep the Account password secret and secure it against disclosure. The customer is obliged to immediately inform Mokoss.eu if the access data to the Account has been taken over by third parties and explain the circumstances of their takeover.
- Customers who do not have a registered account when making purchases will be required to provide the delivery address, i.e. the recipient's name and surname, delivery address - in order to perform the sales contract, and e-mail address and mobile phone number - in order to contact us regarding the delivery.
- If, as part of the use of Mokoss.eu, it is allowed to provide data of third parties other than the Customer (e.g. for recommendation purposes), then the Customer enters such data only if the use of third party data is permitted by law (e.g. obtained from a third party whose data he enters, the necessary consent to the use of his data in Mokoss.eu), and in the event of unauthorized transfer of the data in question, he bears all responsibility that is associated with the transfer of data.
- In the event of a breach by the Customer of the Regulations, law or good manners, the Seller may terminate the contract with the Customer or suspend its performance under a specific Account. In particular, this applies to a situation where the Customer has downloaded or used any materials available on Mokoss.eu without the consent of the Seller.
- It is forbidden to aggregate and process data and other information available on Mokoss.eu for the purpose of their further sharing with third parties on other websites and outside the Internet. It is also forbidden to use Mokoss markings, including characteristic graphic elements, without the consent of the Seller or other entity authorized to grant such consent.
- The account is kept for the customer for an indefinite period of time. The customer may at any time request the cessation of keeping an account for him by a declaration made to the Seller via the appropriate electronic form available at Mokoss.eu. The customer may request the cessation of the account also in other ways, as long as his identity as the account holder can be properly verified. Notwithstanding the foregoing, a Customer who has registered but did not make purchases or use the services provided electronically by the Seller under Mokoss.eu, may withdraw from such a contract without giving any reason within 14 days from the date of registration.
Section 3. Purchasing
- As part of Mokoss.eu, information about products (hereinafter referred to as "Products") and the terms of their purchase and delivery are published. For the avoidance of doubt, this information does not constitute an offer, but only an invitation to submit offers with the content indicated in the information on the Product. The selection of Products by the Customer and confirmation of the will to purchase them constitutes an offer to conclude a purchase contract for the indicated Products (hereinafter referred to as the "Order").
- The Customer selects Products by adding the selected Products to the (virtual) basket. Placing Products in the basket does not involve their reservation. If the quantity of available Products is exhausted before the Customer approves the Order, the Seller reserves that the Order will not be accepted for execution.
- After selecting the Products, and before selecting the payment method, the Customer is obliged to indicate the full and correct shipping address and telephone number, which should not be changed by the time of delivery. The delivery address may only be changed in extraordinary circumstances after agreeing with the Seller and before handing over the Products to the carrier for delivery.
- After placing the Order by the Customer and choosing the payment method, the Customer receives a confirmation of placing the Order by e-mail. When the Order is accepted by the Seller, the Customer receives an appropriate message. Upon receipt of this message by the Customer, a sales contract is concluded between the Seller and the Customer. In the event that only part of the Order has been confirmed, then the contract is concluded only with regard to the confirmed Products.
- If the Seller cannot perform the service in whole or in part due to the fact that the Product is not available or has not been delivered to the Seller due to unforeseen circumstances or has been damaged or lost, the Seller shall immediately notify the Customer and refund the price received or will fulfill a replacement service of the same value as the price paid - at the choice and with the consent of the Customer.
Section 4. Payment
- Payments are made by the Customer using electronic payment methods provided by a specialized payment institution with which the Seller, for the convenience of customers, has concluded an agreement.
- If you choose payment via payment cards with the online payment function, the Customer is redirected to a website that allows electronic payment, e.g. the login page of the Customer's bank or the Card Authorization Center. If the payment for the Product is not made within 1 days from the date of the Order, the Order placed by the Customer is canceled, and the lack of payment is understood as the Customer's withdrawal from the sales contract.
- Payments are handled by Stripe or PayPal.
- The Product price specified in the Product description includes taxes and all fees required by applicable law. The price includes the costs of transport and delivery of the Products (only in Poland).
- The purchase of the Product is documented with a confirmation of purchase sent to the e-mail address provided. The Customer agrees to receive electronically, to the e-mail address provided by him during Registration, an electronic image of settlement documents, in particular, such as: VAT invoices with attachments, including corrective VAT invoices.
- The customer can take advantage of discounts on the terms described in Mokoss.eu. The accumulated discounts may be used by the Customer only to purchase Products that have not been excluded from being subject to given discounts or rebates. The discount value reduces the price the Customer pays for the Product. Discounts can only be combined if clearly stated on them. Rebates are not transferable, nor are they ever converted into cash or other benefits.
Article 5. Delivery of Products
- The place of performance under the sales contract by the Seller is the place where the Product will be picked up (and in case of doubt, the place where the Product should be picked up as indicated by the Customer).
- The Seller informs the Customers about the delivery costs at Mokoss.eu and in the Order summary, prior to its submission by the Customer.
- The shipping time for the ordered Products is from 1 to 5 business days. The specified shipping time includes working days. If the Customer has purchased many Products under one Order, and these Products have a different shipping time, they will be delivered together after completing the whole, i.e. in the longest of the given shipping times for individual Products.
- The order fulfilment time varies and is approximately 1-5 business days from the moment of payment. Shipment is carried out by a courier company.
- Free shipment of Products takes place only to addresses located in the territory of the Republic of Poland, and to foreign countries that the Seller has indicated and defined is a separate delivery cost. The Seller, if he or she has such a possibility and by way of a separate agreement with the Customer, may also send Products to countries other than those specified in Mokoss.eu.
- Deliveries of Products are made by selected carriers, the choice of which is available when placing the order.
- The customer is obliged to check the condition of the Product or, if it is difficult, the condition of the shipment (packaging) immediately after delivery. In the event of any damage that may arise in transport, the Customer should prepare an appropriate damage report and immediately notify the Seller.
- The Seller is not responsible for failure to deliver the Product for reasons attributable to the Customer - e.g. due to incorrect or incomplete delivery address indication that prevents delivery of the parcel. In such a situation, the Seller will notify the Customer of an unsuccessful attempt to deliver the Product.
Article 6. Protection of personal data
- The Seller is the administrator of personal data of Customers and persons indicated by the Customers.
- Personal data is processed by the Seller in accordance with the law and only for purposes related to the activities of the Seller under Mokoss.eu, including for the purpose of concluding and implementing sales contracts (handling the sale of Products, communication with customers and considering complaints), as well as archiving the transaction.
- Personal data is processed on the basis of: a) the Customer's acceptance of the Regulations (in the course of setting up an account or placing an Order), b) the need to perform the contract for the Customer, or c) the Administrator's legitimate interest (e.g. defense against claims or in the case of third party data) provided by customers - an indication of the delivery address of another person).
- Providing the Seller with personal data is voluntary, but failure to provide certain personal data may result in difficulties or inability to conclude a sales contract, its effective performance or ensuring proper after-sales service.
- The recipients of personal data are persons acting for Mokoss.eu, responsible for the processing and implementation of orders placed by customers, as well as after-sales service (e.g. settling complaints, recording the purchase for the purposes of the loyalty program) and entities providing services to the Seller related to execution of orders (e.g. postal companies or courier companies). Recipients may also be entities authorized to receive data under applicable law, including competent judicial authorities.
- Personal data may be transferred to third countries (outside countries belonging to the European Union) in connection with the delivery of Products ordered by the Seller.
- Personal data is stored for the period necessary for the execution of orders or keeping the Customer's account at Mokoss.eu. After this period, the data may be processed on the basis of: legal obligations of the Seller (e.g. in the field of storing accounting documents) or legally justified interest (defense against claims that may be due against the Seller).
- The Seller provides persons whose personal data are processed, the exercise of rights under the law, including the right to access their own personal data, rectify it, change it, delete or transfer it, and also the right to request restriction of the processing of personal data and to object to such processing on the terms specified in applicable regulations. In addition, in the case of voluntary consent to the processing of data, each person whose data is processed has the right to withdraw consent to data processing. Each person whose data is processed also has the right to lodge a complaint with the President of the Office for Personal Data Protection.
- Personal data of Customers and other persons whose data was reported by the Customer are protected by the Seller against their disclosure to unauthorized persons, as well as other cases of their disclosure or loss or unauthorized modification of the indicated data and information through the use of appropriate technical and organizational safeguards.
- In any matter regarding the processing of personal data, you can contact the Administrator via e-mail: email@example.com .
Article 7. Complaints procedure
- The Customer may submit a complaint against the Seller, in particular in the event of the Product's non-compliance with the contract or Product defects, and also if the Seller's activities are carried out improperly or contrary to the provisions of the Regulations.
- Complaints may be submitted electronically via the contact form on the Mokoss.eu website or in the form of e-mail or in writing to the address of the Seller.
- The complaint should include: name and surname, contact details (reported in Mokoss.eu), description of the transaction to which the complaint relates or other circumstances justifying the complaint, as well as the specific customer request related to the complaint. If the complaint concerns the Product, together with the submission of the complaint, the Product that is subject to the complaint and confirmation of its purchase should be submitted.
- If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller asks the Customer submitting the complaint to supplement it in the indicated scope.
- The seller will recognize the complaint within 14 days from the date of its receipt. The customer will receive information on the method of handling the complaint by e-mail to the address provided by him during registration. If the complaint is rejected, the Seller will notify the Customer about it, stating the reasons for this decision.
- When the replacement or repair of the Product proves possible, the Seller will notify the Customer about it and provide all information regarding the further course of the procedure. In the event that justifying the refund of the price, the payment for the Product purchased by the Customer will be refunded within 14 days after the Seller receives the return of the Product.
- The Seller does not accept any parcels sent COD.
- The customer may appeal against the Seller's decision regarding the submitted complaint by e-mail to the following address: firstname.lastname@example.org .
- The price paid by the Customer is reimbursed in a manner analogous to the payment method chosen by the Customer for the Product. If the Customer benefits from a discount when purchasing the Product, the refund will be reduced by the value of the discount used.
- A customer who is a consumer may use extrajudicial means of dealing with complaints and redress, including:
- referring the matter to a permanent amicable consumer court operating at the commercial inspection with a request to resolve the dispute that has arisen;
- applying to the voivodeship inspector of trade inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute;
- using free assistance in the case of out-of-court dispute resolution and redress of poviat (municipal) consumer ombudsmen and social organizations whose statutory tasks include consumer protection;
- The customer purchasing the product for purposes related directly to his professional or business activity (the Customer who is not a Consumer) has the right to file a complaint in accordance with the law, while the Seller's liability under the warranty for physical defects of the products is limited to the Customer's right to demand removal of the defect or replacement . The Seller shall, at his option, immediately remove the defect or replace the defective product with a product free from defects. The seller may also withdraw from the contract by returning the price paid for the product with a physical defect. In the remaining scope, the Seller's liability under the warranty for product defects in relation to Customers who are not Consumers is excluded.
Article 8. Withdrawal from the contract
- Pursuant to the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the Customer who is a consumer who concluded a distance contract may, within fourteen (14) days from the date of receipt of the Product, withdraw from contract without giving any reason by submitting a declaration of withdrawal to the Seller.
- Withdrawal from the contract may take place via the contact form on the Mokoss.eu website or in writing (a model withdrawal form is available in the returns tab). If, under one Order, the Customer has purchased more than one Product, the withdrawal may apply to all or only the Products selected by the Customer, with the proviso that if the Product is sold as a set, kit or package, withdrawal is possible in relation to this set, kit or bundle.
- In the event of withdrawal from the sales contract, the contract is considered not concluded in relation to the Product (set, kit or package) from which the Customer has withdrawn. The return should be made immediately, no later than within 14 days from the date on which the Customer withdrew from the contract. The cost of returning the Product to the Seller is borne by the Customer. In the event of effective withdrawal from the sales contract, the Seller shall refund the amount paid by the Customer for the Product in a manner analogous to the method of payment for the Product selected by the Customer. In the event that the Customer uses the discount he is entitled to when purchasing the Product, the refund will be reduced by the value of the discount used, which the Customer will be able to use further on the terms assigned to the discount.
- In the event of exceeding the deadlines for withdrawal from the contract specified in this article, the Seller will send the returned Product back to the Customer at his expense. Failure by the Customer to comply with the abovementioned withdrawal procedure may result in a significant delay in completing the withdrawal procedure, and thus ordering the return of funds due to the Customer.
- The right to withdraw from the contract does not apply in the cases specified in art. 38 of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), in particular in a situation where the subject of the service is an item created according to the customer's specification or serving to satisfy his individual needs.
Article 9. Final provisions
- In the event of a change to these Regulations, Mokoss.eu will inform customers about it on the Mokoss.eu websites and by sending a notification to the e-mail address assigned to their account to the e-mail address assigned to their account about the change in the regulations (along with the attached regulations in PDF format). The amended Regulations come into force from the date indicated in its amendment, not shorter than 7 days from the date of its announcement by the Seller, with the proviso that changes of a technical and informative nature or those that do not deteriorate the situation of customers may take place in a shorter period of time. . Customers who placed an Order before the entry into force of the new Regulations, the current Regulations shall apply. The amended Regulations are binding on the registered Customer who does not terminate the account agreement at Mokoss.eu (will not resign from the Account under the terms of Article 2 (12) of these Regulations) before the effective date of the amended Regulations.
- For statistical purposes and to ensure the highest quality of services, Mokoss.eu uses information saved by the server on the Customer's end device, which is then read each time the web browser connects (so-called cookies). The goal is to make browsing easier the next time you visit the site. The user decides which cookies are saved and how they are saved through the web browser settings (commonly used: Mozilla Firefox, Internet Explorer, Google Chrome, Opera, Safari, Microsoft Edge). The default settings of browsers allow the storage of cookies.
- It is forbidden for customers to use graphic elements (including the "Mokoss" logo), the layout and composition of Mokoss.eu websites (the so-called layout), graphic elements, and other intellectual property rights without the express written consent of the Seller.
- None of the provisions of these Regulations infringe any rights of the Customer under the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended) or the provisions of mandatory law. These Regulations may also not be interpreted as aimed at any other exclusion or limitation of liability, the exclusion or limitation of which is not allowed under applicable law.
- The law applicable to sales contracts between the Customer and the Seller under the conditions specified in the Regulations is Polish law.
- Any disputes arising from the application of these Regulations between the Customer who is not a consumer and the Seller will be settled by the competent common court in Poznań.