Terms & Conditions
NOTE FOR RESIDENTS OF THE USA: Residents of the USA should refer to the Sales Terms and Conditions for US Residents at US Terms & Conditions, which bind US residents in place of these Terms and Conditions.
Terms and Conditions of the movelle.store online store
§ 1.
General provisions
- These regulations (hereinafter: "Regulations"), define the terms and conditions of use of the online store "movelle" operating at the Internet address www.movelle.store (hereinafter: "Store").
- The Regulations are the rules and regulations referred to in Article 8 of the Act of July 18, 2002 on Providing Services by Electronic Means (hereinafter: "Act on Providing Services by Electronic Means").
- The Store is owned by Magdalena Palmer conducting business activity under the name: Magdalena Palmer with its registered seat in Wrocław, at 61/28 Parafialna Street, 52-233 Wrocław, registered in the Central Register of Information on Business Activity, holding NIP: 8992473087, REGON number: 022143490, (hereinafter: "Seller").
- Contact with the Seller is possible through:
- e-mail - at: hello@movelle.store;
- traditional mail - at the address: Parafialna 61/28, 52-233 Wroclaw, Poland;
- phone - at +48606924652
- In the course of its business, the Seller:
- conducts sales of Goods that can be purchased by Buyers;
- provides Users with the Account Service;
- Delivers Newsletter to Subscribers.
- Information about the Goods available in the Store, in particular their descriptions, technical and usable parameters and prices, constitute an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Act of April 23, 1964 of the Civil Code (hereinafter: "Civil Code").
- Before using the Store, the Customer is required to read the Terms and Conditions and Privacy Policy.
§ 2.
Definitions
Capitalized words used in the Regulations have the following meanings:
- Working day - a day that is not a Saturday, Sunday or other holiday within the meaning of the provisions of the Act of January 18, 1951 on public holidays;
- Customer - User/User, Buyer, Recipient or Subscriber;
- Civil Code - the term defined in § 1(6) of the Regulations;
- Consumer - a natural person making a legal transaction with the Seller that is not directly related to his economic or professional activity;
- Account - a panel created in the Store's computer system, allowing the User to use its functionality, in particular to purchase Goods;
- Buyer - a person who is a Consumer, Entrepreneur or Entrepreneur on the rights of a Consumer, who has entered into a Sales Contract with the Seller or has taken steps to enter into one;
- License - a term defined in § 11(1) of the Regulations;
- Newsletter - digital content within the meaning of the Consumer Rights Act , including commercial information on the current activities of the Seller, including information on news and promotions available in the Store;
- Non-compliance - is understood as:
- non-conformity of the Goods with the Contract of Sale (the criteria for assessing the conformity of the Goods with the Contract of Sale are specified in Article 43b, paragraphs 1-2 of the Consumer Rights Act) or
- Non-compliance of the Digital Item with the Contract for its provision (the criteria for assessing the compliance of the Digital Item with the Contract for its provision are set forth in Article 43k, paragraphs 1-2 of the Consumer Rights Law);
- Recipient - a person who is a Consumer, an Entrepreneur or an Entrepreneur on the rights of a Consumer, who has concluded a Contract with the Seller for the supply of Digital Goods or has taken steps to conclude such a Contract;
- Privacy Policy - a document containing information about the processing of Customers' personal data by the Seller;
- Subject of digital provision - Account Service, Digital Goods or Newsletter;
- Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, to which special regulations grant legal capacity, conducting business or professional activity in its own name ;
- Entrepreneur on the rights of the Consumer - a natural person conducting a business or professional activity on his own behalf, who has entered into an Agreement with the Seller directly related to his business activity, but which does not have a professional character for this person, resulting in particular from the subject of his business activity;
- Regulations - the term defined in § 1.1 of the Regulations;
- Vendor - the term defined in § 1.3 of the Regulations;
- Subscriber - a person who is a Consumer, an Entrepreneur or an Entrepreneur on the rights of a Consumer, who has concluded a Newsletter Delivery Agreement with the Seller or has taken steps to conclude one;
- Goods - a movable item available in the Store within the meaning of the Civil Code, which can be purchased by the Buyer, in particular lingerie products and swimwear;
- Digital Goods - digital content within the meaning of the Consumer Rights Act that can be delivered to the Recipient, in particular an electronic book (ebook), audio recording, audiovisual recording, graphics;
- Contract - Contract for the provision of the Account Service, Contract of Sale, Contract for the provision of Digital Goods or Contract for the provision of the Newsletter;
- Newsletter Delivery Contract - contract for the delivery of digital content within the meaning of the Consumer Rights Act, under which the Seller undertakes to deliver the Newsletter to the Subscriber free of charge for an indefinite period of time, and the Subscriber undertakes to provide the Seller with personal data;
- Contract for the delivery of Digital Goods - a contract for the delivery of digital content within the meaning of the Consumer Rights Act, pursuant to which the Seller undertakes to deliver Digital Goods to the Recipient, and the Recipient undertakes to conclude a Newsletter Delivery Contract with the Seller or pay the price;
- Contract for the provision of the Account Service - a contract for the provision of a digital service within the meaning of the Consumer Rights Act, on the basis of which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period of time, and the User undertakes to provide the Seller with personal data;
- Contract of sale - a contract of sale within the meaning of the Civil Code, on the basis of which the Seller undertakes to transfer ownership of the Goods to the Buyer and deliver the Goods to him, and the Buyer undertakes to take the Goods and pay the price to the Seller;
- Account Service - a digital service within the meaning of the Consumer Rights Act, consisting of the creation and maintenance of an Account by the Seller for the benefit of the User;
- Law on Consumer Rights - Law of May 30, 2014 on consumer rights;
- Electronic Services Act - the term defined in § 1(2) of the Regulations;
- User - a person who is a Consumer, Entrepreneur or Entrepreneur on the rights of a Consumer, who has concluded an Agreement with the Seller for the provision of the Account Service or has taken steps to conclude it;
- Order - the term defined in § 6(4) of the Regulations.
§ 3.
Technical requirements
- In order for Customers to properly use the Store, it is necessary together:
- Internet connection;
- Having devices that allow the use of Internet resources;
- The use of a web browser that allows hypertext documents to be displayed on the device's screen, linked on the Internet via a networked web service, and that supports the JavaScript programming language, in addition to accepting cookies;
- having an active e-mail account.
- Within the Store, it is prohibited for Customers to use viruses, bots, worms or other computer codes, files or programs (in particular, process automation scripts and applications or other codes, files or tools).
- The Seller informs that it uses cryptographic protection of electronic transfer and digital content through the use of appropriate logical, organizational and technical measures, in particular to prevent third-party access to data, including through SSL encryption, the use of passwords for access and anti-virus or anti-wanted software.
- The Seller informs that despite the use of safeguards referred to in paragraph 3 above, the use of the Internet and services provided electronically may be threatened by the access to the ICT system and the Customer's device, harmful software or access to the data located on this device by third parties. In order to minimize the aforementioned threat, the Seller recommends the use of anti-virus programs or means of protecting identification on the Internet.
§ 4.
Rules of use of the Store
- The customer is obliged to use the Store in a manner consistent with generally applicable laws, the provisions of the Regulations, as well as good manners.
- Provision of unlawful content by the Customer is prohibited.
- The prices of the Goods available in the Store are expressed in Polish zloty (PLN) and are gross (they include all mandatory price components, including due VAT).
- The Buyer may purchase Goods both after creating an Account and without creating an Account. If an Account is created, the Buyer should log in to it before starting purchases.
§ 5.
Agreement for the provision of the Account Service
- In order to conclude the Agreement for the provision of the Account Service, the User should perform the following steps:
- go to the Store's website, and then click on the "create an account" tab,
- Enter the following data in the form that appears:
- name;
- email address;
- password to the Account created by the User;
- [...];
- obligatorily check the checkbox next to the statement about reading the Regulations and Privacy Policy and accepting their provisions;
- optionally - check the checkbox next to the statement of consent to receive the Newsletter;
- Click the "create account" option.
- Clicking on the "create an account" option is equivalent to the User concluding an Agreement for the provision of Account Services.
- The user gains access to the Account immediately after clicking on the "create account" option.
- After creating an Account, the User may supplement the mandatory data stored therein with the following optional data:
- phone number;
- address of residence/business (street, house number, apartment number, city, postal code, country).
- Using the Account, the User may, in particular:
- store your personal information;
- place Orders and review placed Orders;
- report the return of Orders.
- The Vendor informs, and the User acknowledges, that maintaining compliance of the Account Service with the Agreement for providing the Account Service does not require the User to install its updates.
- In the event that the User fails to grant access to the Account immediately after the conclusion of the Agreement for the provision of Account Services, the User shall summon the Seller to grant access to the Account immediately. The summons, referred to in the preceding sentence, may be sent by e-mail to the address indicated in § 1.4.1 of the Regulations . If the Seller fails to grant the User access to the Account immediately after receiving the summons referred to in the preceding sentence, the User may withdraw from the Agreement for the provision of the Account Service.
- Notwithstanding the provisions of paragraph 7 above, if the User is not granted access to the Account, the User may withdraw from the Agreement for the provision of Account Services without calling the Seller to grant access to the Account, if at least one of the cases indicated in Article 43j paragraph 5 of the Law on Consumer Rights occurs.
- Notwithstanding the provisions of Paragraphs 7-8 above, the User may terminate the Agreement for the provision of Account Services at any time and without stating any reason, with immediate effect. In addition, pursuant to Article 27 et seq. Consumer Rights Act, the User may withdraw from the Agreement for the provision of the Account Service without stating a reason, within 14 (fourteen) days from the date of its conclusion.
- Withdrawal from the Agreement for the provision of Account Services or its termination, regardless of the basis on which this action is performed, is carried out by submitting a statement of withdrawal from the Agreement for the provision of Account Services or its termination to the Seller by the User. The statement referred to in the preceding sentence may be sent by e-mail to the address specified in § 1.4.1 of the Regulations . The Seller shall delete the Account immediately upon receipt of the statement referred to in the preceding sentence.
- In the case of the User's use of the Account in a manner contrary to the generally applicable law, the provisions of the Rules and Regulations or good morals, as well as provision by the User of content of an unlawful nature, the Seller may block the Account, which is equivalent to termination of the Agreement for provision of Account Services by the User with a notice period of 7 (seven) days. After the expiration of the notice period indicated in the preceding sentence, the Account shall be permanently deleted.
- The blocking or deletion of the Account does not affect the performance of Sales Contracts and Newsletter Delivery Contracts concluded by the User prior to the blocking or deletion of the Account.
§ 6.
Sales contract
- In order to conclude a Sales Agreement, the Buyer should perform the following actions:
- go to the Store's website;
- enter the tab of the selected Goods and click the "to cart" option;
- Go to the "shopping cart" tab and click the "to checkout" option;
- enter or select the following data in the form that appears:
- name;
- email address;
- phone number;
- address of residence/business (street, house number, apartment number, city, postal code, country);
- Delivery address (if different from residence/business address);
- Optionally - company and TIN (if the Buyer is an Entrepreneur or Entrepreneur on the rights of a Consumer);
- method of payment;
- method of delivery.
- obligatorily check the checkbox next to the statement that you have read the Regulations and Privacy Policy and accept their provisions;
- optionally - check the checkbox next to the statement of consent to receive the Newsletter;
- Click the "Order with obligation to pay" option, and then make payment for the Goods according to the selected payment method.
- The Buyer may choose one of the following methods of delivery of the Goods:
- courier delivery;
- delivery to an InPost parcel machine of your choice;
- Payment of the price for the Goods can be made by the Buyer:
- By bank transfer to the Seller's bank account;
- By wire transfer using the payment system Przelewy24;
- When the Buyer clicks the "Order with obligation to pay" option, it is equivalent to making an offer to purchase the selected Goods (hereinafter: "Order").
- After placing an Order, the Buyer receives confirmation of its placement at the e-mail address provided by the Buyer.
- If it is not possible to complete the Order, the Seller shall notify the Buyer by means of a message sent to the e-mail address provided by the Buyer. In the case referred to in the preceding sentence, no Contract of Sale is concluded between the Seller and the Buyer. If the Order referred to in this paragraph 6 has been prepaid by the Buyer, the Seller shall immediately refund all payments made by the Buyer.
- If the Order is forwarded for execution, the Seller shall notify the Buyer by means of a message sent to the e-mail address provided by the Buyer. At the moment the Buyer receives the message referred to in the preceding sentence, a Sales Contract is concluded between the Seller and the Buyer.
- If a submitted Order, for which the Buyer has chosen the option to pay for the Goods before delivery, is not paid within [5] ([five]) Business Days from the date of its submission, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 7 (seven) days from the date of ineffective expiration of the deadline for payment of the Order. Withdrawal from the Sales Agreement and cancellation of the Order shall be effected by the Seller sending a relevant statement to the e-mail address provided by the Buyer.
§ 7.
Delivery of Goods
- If the Buyer fails to collect the Goods within the time limit specified in paragraph 1 above, the Seller shall have the right to cancel the Contract of Sale within 7 (seven) days from the date of ineffective expiration of the time limit for collection of the Goods. Withdrawal from the Contract of Sale and cancellation of the Order shall be made by the Seller sending an appropriate statement to the e-mail address provided by the Buyer. If, before the Seller's cancellation of the Contract of Sale, the Buyer has made payment for the Goods, the Seller shall return all payments made by the Buyer immediately after the cancellation of the Contract of Sale.
- The Seller performs shipment of Goods to addresses located in the territory of the Republic of Poland/European Union/Switzerland, Norway, Iceland, USA, Canada and the United Arab Emirates, Japan.
- If the Goods are shipped to countries outside the European Union, the Buyer shall bear the costs of customs fees. The Buyer can find the exact information regarding the amount of fees payable on the website of the Integrated Tariff of the European Communities (TARIC), which contains the current rates of fees payable (https://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=pl&redirectionDate=20110310).
- The shipping costs of the Goods shall be paid by the Buyer, who shall pay them simultaneously with the payment of the price for the Goods.
- The Goods are shipped within a maximum of 30 working days from the date:
- posting of payment for the Goods on the Seller's bank account - if the Buyer pays the price for the Goods before delivery;
- receipt by the Buyer of a message about the transfer of the Order for execution - if the Buyer has chosen the option of paying the price for the Goods upon delivery.
- The Seller shall deliver to the Buyer the Goods in accordance with the Sales Contract relating to them.
- Goods delivered to the Buyer should be in intact condition.
- If the Goods are delivered by a courier, the Buyer should check the Goods in his presence. If the package of Goods is damaged, the Buyer should write a damage report and contact the Seller.
§ 8.
Right of withdrawal from the sales contract
- The provisions of this § 8 apply only to a Buyer who is a Consumer or an Entrepreneur on the rights of a Consumer.
- The Buyer shall have the right to withdraw from the Contract of Sale without stating any reason within 14 (fourteen) days from the date on which the Goods come into the possession of the Buyer or a non-carrier third party designated by the Buyer.
- The Buyer shall exercise the right to withdraw from the Sales Agreement by submitting to the Seller a statement of withdrawal from the Sales Agreement (hereinafter: "Statement"). To meet the deadline for withdrawal from the Sales Agreement, it is sufficient to send the Statement before the expiration of the deadline referred to in paragraph 2 above.
- The Declaration may be submitted by the Buyer in any form, in particular on the form attached as Appendix No. 2 to the Consumer Rights Act. However, in order to facilitate the exercise of the right of withdrawal from the Sales Agreement, the Seller recommends that the Declaration be made in the manner indicated in paragraphs 5-8 below.
- The Buyer may submit the Statement in the form:
- electronic;
- paper.
- If the Buyer chooses to make the Declaration in electronic form, he/she should send by email p from the address indicated in § 1(4)(1) of the Regulations a message containing the following elements:
- Buyer's name;
- email address;
- mailing address;
- A clear statement of withdrawal from the Sales Agreement;
- indication of the Goods to which the withdrawal from the Sales Agreement applies;
- order number;
- date of placing the Order;
- PKD codes of the business activity conducted by the Buyer (if the Buyer is an Entrepreneur on the rights of the Consumer).
- If the Buyer chooses to make the Statement in paper form, the Buyer should print and fill out the form attached as Appendix 1 to the Terms and Conditions and then send it together with the Goods to the address indicated in paragraph 10 below.
- The Seller shall send the Buyer an acknowledgement of receipt of the Statement immediately upon receipt, by e-mail.
- In the case of exercising the right of withdrawal from the Contract of Sale, the Buyer should send the Goods back to the Seller within 14 (fourteen) days from the date of withdrawal from the Contract of Sale. To meet the deadline referred to in the preceding sentence, it is sufficient to send back the Goods before its expiration.
- The standard Goods should be sent back to the address:
DTW LOGISTICS MOVELLE, SOCHACZEWSKA 98C, 05-870 BLONIE
- The Buyer shall bear the direct costs of returning the Goods.
- Refund of payments made by the Buyer shall be made upon receipt by the Seller of the returned Goods or proof of their return by the Buyer, whichever occurs first. Refund of payments shall be made using the same method of payment that was used by the Buyer in the original transaction, unless the Buyer expressly agrees otherwise. The Buyer shall not bear the cost of returning the payment made.
- The Buyer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods other than what was necessary to ascertain the nature, characteristics and functioning of the Goods.
- The Buyer is not entitled to withdraw from the Contract of Sale if:
- The goods are a non-refabricated item, manufactured to the Buyer's specifications or serving to meet the Buyer's individualized needs;
- Goods is an item delivered in a sealed package that cannot be returned unopened for health or hygiene reasons, if the package was opened after delivery;
§ 9.
Complaints about Goods
- Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty against Buyers who are Entrepreneurs is excluded. Further provisions of this § 9 apply exclusively:
- Buyer who is either a Consumer or an Entrepreneur on the rights of a Consumer;
- Non-conformity of the Goods with the Contract of Sale.
- Goods delivered to the Buyer by the Seller must be in accordance with the Contract of Sale.
- The Seller shall be liable for Non-Compliance existing at the time of delivery of the Goods to the Buyer and disclosed within 2 (two) years from that time, unless the Goods' shelf life is longer.
- In case of disclosure of Non-Compliance, the Buyer shall have the rights indicated in Article 43d and n. Consumer Rights Act. The exercise of the Buyer's rights indicated in the preceding sentence shall take place in accordance with the provisions of the Consumer Rights Act and the provisions of this § 9.
- In the event of disclosure of Non-Compliance, the Buyer may file a complaint including a demand:
- repair the Goods or
- replacement of Goods.
- Complaint is submitted by e-mail, to the address indicated in § 1.4.1 of the Regulations.
- The complaint should include:
- Buyer's name;
- email address;
- order number;
- The date of delivery of the Goods;
- description of the Non-Compliance disclosed;
- request for repair or replacement of the Goods.
- If the Seller receives a request:
- repair of the Goods - the Seller shall be entitled to replace such Goods;
- replacement of the Goods - the Seller shall be entitled to repair such Goods;
- if the method chosen by the Buyer to bring the Goods into conformity with the Sales Agreement is impossible or would require the Seller to incur excessive costs.
- If both replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into conformity with the Contract of Sale.
- After considering the complaint, the Seller provides the Buyer with a response to the complaint, in which:
- Acknowledges the complaint and indicates the planned date for fulfillment of the Buyer's request;
- acknowledges the complaint and informs the Buyer that the Seller has exercised the right referred to in paragraph 8 above;
- refuses to bring the Goods into conformity with the Sales Agreement for the reasons indicated in paragraph 9 above;
- rejects the complaint on the grounds that it is unfounded.
- The Seller shall respond to the complaint by e-mail within 14 (fourteen) days of receipt.
- In the cases indicated in paragraph 10 items 1-2 above, the Seller shall, at its own expense, bring the Goods into conformity with the Contract of Sale within a reasonable time from receipt of the complaint and without undue inconvenience to the Buyer, taking into account the specifics of the Goods and the purpose for which the Buyer purchased them. The scheduled date for bringing the Goods into conformity with the Contract of Sale shall be indicated by the Seller in its response to the complaint.
- The Buyer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Buyer at his own expense.
- The buyer is not obliged to pay for the mere use of the Goods, which were subsequently replaced.
- In the event of disclosure of Non-Compliance, the Buyer may submit a statement to the Seller to reduce the price or withdraw from the Contract when:
- The Seller refused to bring the Goods into conformity with the Sales Contract for the reasons indicated in paragraph 9 above;
- The Seller has failed to bring the Goods into conformity with the Contract of Sale in accordance with paragraphs 12-13 above;
- The nonconformity continues to exist even though the Seller has tried to bring the Goods into conformity with the Sales Agreement;
- The nonconformity is so significant that it justifies withdrawal from the Contract of Sale without first requiring the Seller to bring the Goods into conformity with the Contract of Sale;
- it is clear from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity with the Contract of Sale within a reasonable time or without undue inconvenience to the Buyer.
- A statement of price reduction or withdrawal from the Sales Agreement may be submitted by e-mail, to the address indicated in § 1.4.1 of the Regulations.
- The statement of price reduction or withdrawal from the Sales Agreement should include:
- Buyer's name;
- email address;
- order number;
- The date of delivery of the Goods;
- description of the Non-Compliance disclosed;
- indication of the reason for the statement, selected from among the reasons indicated in paragraph 15 above;
- a statement on reduction of the price of the Goods, together with an indication of the reduced price of the Goods, or a statement on withdrawal from the Sales Agreement.
- The reduced price must remain in such proportion to the price under the Contract of Sale as the value of the Goods not in conformity with the Contract of Sale remains to the value of the Goods in conformity with the Contract of Sale. The Seller shall return to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 (fourteen) days from the date of receipt of the statement on price reduction.
- The Buyer may not withdraw from the Sales Contract if the Non-Compliance is immaterial.
- In the event of withdrawal from the Contract of Sale, the Buyer shall immediately return the Goods to the Seller at his expense. The Goods should be sent back to the following address:
MAGDALENA PALMER
PARAFIAL 61/28 Street
52-233 WROCŁAW
- The Seller shall refund the price of the Goods to the Buyer immediately, but no later than within 14 (fourteen) days from the date of receipt of the Goods or proof of their return, whichever comes first. Refund of the price shall be made using the same method of payment that was used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different method of refund that does not incur any costs for him.
§ 10.
Newsletter delivery contract
- In order to conclude the Newsletter Delivery Agreement, the Subscriber should perform the following actions:
- go to the Store's website;
- in the form located on the Store's website, enter the e-mail address;
- obligatorily check the checkbox next to the statement of consent to receive the Newsletter, read the Regulations and Privacy Policy and accept their provisions;
- Click the "Join" option.
- Clicking the "Join" option is equivalent to the Subscriber concluding the Newsletter Delivery Agreement.
- The Newsletter Delivery Agreement may also be concluded by the User by checking the checkbox next to the statement of consent to receive the Newsletter when concluding the Account Service Delivery Agreement or the Sales Agreement. In such case, the Newsletter Delivery Agreement shall be concluded at the time of concluding the Account Service Delivery Agreement or the Sales Agreement.
- The contract for delivery of the Newsletter is concluded for an indefinite period of time.
- Vendor informs, and Subscriber acknowledges, that:
- The newsletter is not subject to updates;
- Frequency and dates of delivery of Newsletters are not predetermined and depend on the current situation of the Seller.
- Delivery of the Newsletter is made by e-mail, to the e-mail address provided by the Subscriber.
- The Subscriber may terminate the Newsletter Delivery Agreement at any time and without giving any reason, with immediate effect. In addition, pursuant to Art. 27 et seq. Consumer Rights Act, a Subscriber who is a Consumer or an Entrepreneur on the rights of a Consumer may withdraw from the Newsletter Delivery Agreement without stating a reason, within 14 (fourteen) days from the date of its conclusion.
- Withdrawal from or termination of the Newsletter Delivery Agreement, regardless of the basis for such action, requires the Subscriber to submit an appropriate statement to the Seller. The statement referred to in the preceding sentence may be made by:
- Clicking by the Subscriber on the link allowing to unsubscribe from the Newsletter, which is sent with each Newsletter;
- sending a statement of withdrawal from or termination of the Newsletter Delivery Agreement by the Subscriber to the Seller via e-mail .
- The Seller shall stop delivery of the Newsletter to the Subscriber immediately after the Subscriber performs one of the actions indicated in paragraph 8 above.
§ 11.
Complaints about the Digital Subject Matter
- The provisions of this § 11 apply only to:
- Customers being:
- Users, Recipients or Subscribers, unless a specific provision of the Rules applies only to one of these persons, and
- Consumers or Entrepreneurs on the rights of Consumers;
- Contracts for the provision of the Account Service and Contracts for the provision of the Newsletter, unless a specific provision of the Terms and Conditions applies only to one of these Contracts;
- Incompatibility of the Account Service with the Account Service Delivery Agreement, Incompatibility of the Digital Goods with the Digital Goods Delivery Agreement, or Incompatibility of the Newsletter with the Newsletter Delivery Agreement.
- The Digital Item supplied by the Seller to the Customer must be in accordance with the Agreement for its supply:
- at the time of its delivery - in the event that the Digital Performance Item is delivered at one time or in parts;
- for the entire period of delivery of a given Digital Benefit Item - in case the Digital Benefit Item is delivered continuously.
- The Seller shall be liable for Non-Compliance:
- existing at the time of delivery of the Digital Performance Item and disclosed within 2 (two) years thereafter - in case the Digital Performance Item is delivered at one time or in parts;
- disclosed during the period of delivery of a given Digital Benefit Item - in case the Digital Benefit Item is delivered on a continuous basis.
- In the event of disclosure of Non-Compliance, the Customer may file a complaint requesting that the Subject of the digital benefit be brought into compliance with the Agreement for its provision.
- The complaint is submitted by e-mail, to the address specified in § 1.4.1 of the Regulations.
- The complaint should include:
- Customer's name;
- email address;
- description of the Non-Compliance disclosed;
- request to bring the Subject of the digital provision into compliance with the Agreement for its provision.
- The Seller may refuse to bring the Digital Subject to compliance with the Agreement for its provision, if this is impossible or would require the Seller to incur excessive costs.
- After reviewing the complaint, the Seller provides the Customer with a response to the complaint, in which:
- acknowledges the complaint and indicates the planned date for bringing the Digital Object into compliance with the Agreement for its provision;
- refuses to bring the Digital Object into compliance with the Agreement for its delivery for the reasons indicated in paragraph 7 above;
- rejects the complaint on the grounds that it is unfounded.
- The Seller shall respond to the complaint by e-mail within 14 (fourteen) days of receipt.
- If the complaint is accepted, the Seller shall, at its own expense, bring the Digital Performance Item into conformity with the Agreement for its provision within a reasonable time from the receipt of the complaint and without undue inconvenience to the Customer, taking into account the nature of the Digital Performance Item and the purpose for which it is used. The planned timeframe for bringing the Digital Performance Item into conformity with the Agreement for its provision shall be indicated by the Seller in its response to the complaint.
- In case of disclosure of Non-Compliance, subject to paragraph 14 below, the Customer may submit to the Seller a statement on reduction of the price or withdrawal from the Contract, when:
- to bring the Digital Object into compliance with the Agreement for its provision is impossible or requires excessive costs;
- The Seller has failed to bring the Digital Product into compliance with the Agreement for its delivery in accordance with paragraph 10 above;
- Non-compliance continues even though the Seller has attempted to bring the Digital Service Item into compliance with the Agreement for its delivery;
- The nonconformity is so significant as to justify cancellation of the Contract for the provision of the Digital Performance Item in question without first requiring the Seller to bring the Digital Performance Item into conformity with the Contract for its provision;
- it is clear from the Seller's statement or the circumstances that the Seller will not bring the Digital Object into conformity with the contract for its delivery within a reasonable time or without undue inconvenience to the Customer.
- A statement of price reduction or withdrawal from the Contract may be submitted by e-mail, to the address specified in § 1.4.1 of the Regulations.
- The statement of price reduction or withdrawal from the Agreement should include:
- Customer's name;
- email address;
- The date of delivery of the Digital Subject;
- description of the Non-Compliance disclosed;
- indication of the reason for the statement, selected from among the reasons indicated in paragraph 11 above;
- A statement of price reduction, with an indication of the reduced price, or a statement of withdrawal from the Agreement.
- The Customer may not submit a price reduction statement to the Seller if the Non-Compliance relates to the Account Service, digital goods received free of charge or the Newsletter.
- The Seller shall not be entitled to demand payment for the time during which the Digital Goods did not comply with the Digital Goods Supply Agreement even if the Recipient used the Digital Goods before withdrawing from the Digital Goods Supply Agreement.
- The reduced price must remain in such proportion to the price under the Digital Goods Supply Agreement as the value of the Digital Goods not in compliance with the Digital Goods Supply Agreement remains to the value of the Digital Goods in compliance with the Digital Goods Supply Agreement.
- The Seller shall return to the Recipient the amounts due as a result of exercising the right to reduce the price or withdraw from the Contract immediately, but no later than within 14 (fourteen) days from the date of receipt of the statement on price reduction or withdrawal from the Contract.
- The Recipient may not withdraw from the Digital Goods Delivery Contract if the Non-Compliance is immaterial.
- If the User withdraws from the Agreement for the provision of Account Services, the Seller shall delete the Account immediately upon receipt of the statement of withdrawal from the Agreement for the provision of Account Services.
- In the event that the Subscriber withdraws from the Newsletter Delivery Agreement, the Seller shall stop delivery of the Newsletter immediately upon receipt of the statement of withdrawal from the Newsletter Delivery Agreement.
- Pursuant to Article 34 (1a) of the Consumer Rights Law, if the Customer withdraws from the Agreement for the provision of a Digital Item, the Buyer is obliged to stop using the Digital Item and making it available to third parties.
§ 12.
Seller's intellectual property
- All components of the Store, in particular:
- Store Name;
- Store logo;
- pictures and descriptions of the Goods;
- principles of operation of the Store's website, all its graphic elements, interface, software, source code and databases
- are subject to legal protection under the provisions of the Act of February 4, 1994 on Copyright and Related Rights , the Act of June 30, 2000. - Industrial Property Law, the Act of April 16, 1993 on Combating Unfair Competition, and other provisions of generally applicable law, including European Union law.
- Any use of the Vendor's intellectual property without its prior express permission is prohibited.
§ 13.
Processing of personal data
For information about the processing of personal data by the Seller, please refer to the Privacy Policy available at: www.movelle.store.
§ 14.
Out-of-court dispute resolution
- The provisions of this § 16 apply only to Customers who are Consumers.
- The customer has the opportunity to use out-of-court means of handling complaints and claims.
- Detailed information on the possibility for the customer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites:
- district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
- Provincial Trade Inspection Inspectorates;
- Office of Competition and Consumer Protection.
- The customer can also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.
§ 15.
Change of Account Service
- The Seller may change the Account Service in the event of:
- the need to adapt the Account Service to newly emerging devices or software used by Users to use the Account Service;
- Seller's decision to improve the Account Service by adding new functionality to it or modifying existing functionality;
- legal obligation to make changes, including the obligation to adapt the Account Service to the current legal status.
- Changing the Account Service may not involve any costs on the part of the User.
- The Seller shall inform Users of the change made to the Account Service by posting a message on the Account informing about the changes. Independently, the information about the made change may be sent to Users by e-mail.
- If the change to the Account Service will materially and adversely affect the User's access to the Account Service, the Seller shall inform the User of:
- properties and the deadline for making the change, and
- The User's right to terminate the Agreement for the provision of Account Services with immediate effect within 30 (thirty) days of the change.
- The information referred to in paragraph 4 above shall be sent by the Seller to Users by e-mail, no later than 7 (seven) days before the change is made.
- Termination of the Agreement for the provision of the Account Service by the User pursuant to paragraph 4(2) above shall be effected by submitting a statement of termination of the Agreement for the provision of the Account Service to the Seller. The statement referred to in the preceding sentence may be sent by e-mail to the address specified in § 1.4.1 of the Terms and Conditions. The Seller shall delete the Account immediately upon receipt of the statement referred to in the preceding sentence.
§ 16.
Amendment of the Regulations
- The Seller may amend the Terms and Conditions in the event of:
- changes in the object of the Seller's business;
- commencement of provision by the Seller of new services, modification of services previously provided or discontinuation of their provision;
- to make technical modifications to the Store requiring adaptation of the provisions of the Regulations to them;
- legal obligation to make changes, including the obligation to adapt the Regulations to the current state of the law.
- Customers will be informed of changes to the Terms and Conditions by publishing the amended version on the Store's website at least 7 (seven) days prior to the effective date of the changes. Within the period referred to in the preceding sentence, the amended version of the Terms and Conditions will be sent to Users and Subscribers by e-mail.
- Sales Contracts and Contracts for the supply of Digital Goods concluded before the effective date of the new Regulations shall be subject to the provisions of the then effective Regulations.
- A User or Subscriber who does not agree to the change in the Terms and Conditions may terminate the Agreement for the provision of Account Services or the Agreement for the provision of the Newsletter with immediate effect until the changes to the Terms and Conditions become effective. Failure to give notice of termination shall be deemed to be consent to the amendment of the Terms and Conditions.
- Termination of the Agreement for the provision of Account Services or the Agreement for the provision of the Newsletter shall be effected by submitting to the Seller a statement of termination of this Agreement by the User or the Subscriber. The statement referred to in the preceding sentence may be sent by e-mail to the address specified in § 1 section 4 item 1 of the Terms and Conditions.
- Immediately upon receipt of the statement referred to in paragraph 5 above, the Seller shall delete the Account or stop delivery of the Newsletter.
§ 17.
Final provisions
- Part of the Regulations is Appendix No. 1 - Statement of withdrawal from the Sales Agreement.
- The current version of the Regulations is effective as of 15.06.2023.