The following rules apply from 01.01.2023
Rules of the Webshop
These Rules set out the principles for the use of the Webshop, in particular for the conclusion and performance of the sales contract of the goods available at https://www.phlov.eu and the rules for returns, as well as the complaint procedure.
§ 1 Glossary
1.
2. Webshop: the website belonging to the seller available at the domain https://www.phlov.eu
3.
4.
5.
6. Rules: these Rules.
7. Goods: an item available for sale in the Webshop.
8. Registration: a one-time action of the creation of an account by the Customer, done with the administration panel made available by the Seller on the Shop website.
9. Account: A set of data stored in the Webshop and in the Seller’s ICT system relating to a given Customer and the orders placed by the Customer and the distance sales contracts concluded by the Customer, with which the Customer can place orders as well as cancel or edit them in due time and conclude distance sales contracts.
10. Lead time:
11. Working days: weekdays from Monday to Friday excluding public holidays.
12. Order: the Customer’s declaration of intent made via the Webshop, specifying: type and quantity of goods in the Webshop’s range of products at the time of placing the order, method of payment, method of delivery of the goods, place of delivery of the goods and the Customer’s particulars, which is an offer by the Customer to conclude a contract of sale via the Webshop for the goods which are the subject of the order.
§ 2 General provisions
1.
Email: hello@phlov.com
2. In order to use the Webshop, browse the available range of products and conclude a sales contract, it is necessary to have:
a) devices that allow internet access,
b) a web browser to download and display the website,
c) an active electronic mail (email) account.
Costs arising from the customer’s use of the internet are charged to the customer personally.
4. The Seller may communicate with the Customer by email hello@phlov.com
5. The Customer can communicate with the Seller via email or the contact form available on the website.
6. In order to ensure the security of messages and data transmitted in the Webshop, technical and organisational measures appropriate to the degree of danger are taken, in particular measures to prevent unauthorised persons from acquiring and modifying data transmitted via the internet. Correspondence is subject to anti-virus protection and is addressed exclusively to the specified Customer.
7. The goods sold are brand new, free of defects, presented by the Webshop at the time of placing the order by the Customer.
8. The prices of goods presented on the web pages of the Webshop are expressed in Polish złoty and are gross prices, ie they include taxes, including value added tax (VAT).
9. The phlov.eu Webshop conducts only retail sales. Orders may be placed only by entities who are consumers within the meaning of Article 22.1 of the Civil Code. The Webshop does not conduct sales to actively registered business entities. The Seller may not conclude a contract of sale with the Customer if it turns out in the course of verification that the subject of business activity carried out by the Entrepreneur with rights of the Consumer is contrary to the essence of retail at the phlov.eu Webshop.
10. The prices of goods given on the web pages of the Webshop do not include the costs of goods delivery. The costs of delivery of the ordered goods are each time indicated on the webpage of the Webshop during the order placement, including immediately before and at the moment of the Customer’s approval and placement of the order, and are included in the total value of the order. The total order value includes the price of the goods and the delivery costs.
11. Information about the price of the goods, the characteristics and essential features of the goods is available on the website of the Webshop and is provided next to the presented goods.
12. The prices appearing on the website of the Webshop are divided into regular prices and promotional (discounted) prices. Goods available at regular prices are the regular price paid by the Customer. The promotional price is the price determined on the basis of a discount, promotion, rebate, etc.
13. The binding and final price is the price shown in the “Cart” in the order summary at the time the Customer places the order via the Webshop.
14. The prices of goods stated on the web pages of the Webshop are valid only for placing orders via the Webshop.
15. The prices of goods presented on the web pages of the Webshop are subject to change, with the change in the price of goods not affecting orders placed before the price change took effect.
16. A limited number of Goods are intended for permanent sale, promotion and sale. Orders are fulfilled in the order in which they are received, until the stocks covered by this form of sale are exhausted.
17. The customer using the Webshop is obliged to:
a) use the Webshop in a manner consistent with applicable law and the provisions of these Rules,
b) use the Webshop in accordance with good morals and with respect for the personal rights of others,
c) not provide or transmit unlawful content,
d) use the Webshop in a manner that does not interfere with its functioning,
e) use any content posted within the Webshop only for own personal use,
f) not send or post unsolicited commercial information (spam) within the Webshop.
18. The Seller is not responsible for incorrectly entered data by the customer which may hinder the fulfilment of the order. Providing false data may incur criminal liability.
§ 3 Registration and logging
1. The Customer may register in order to be able to fully use all the functionalities of the Webshop.
2. The creation and use of a Customer Account on the Webshop website is provided electronically.
3. Registration is one-off, voluntary, free of charge and is not necessary to place Orders on the Webshop.
4. The Customer may register a Customer Account in the Webshop by clicking on the “Login/Register” tab on the home page of the Webshop or may register a Customer Account when placing an order via the Webshop.
5. The customer can register a Customer Account by linking an already registered Facebook account or via an existing Google account.
6. Registration of a Customer’s Account with the Webshop requires filling in a registration form by providing an electronic mail address (email address) and a password. In order to register a Customer Account, it is necessary for the Customer to read and accept these Rules, as well as to consent to the processing of his/her personal data provided during registration, marked as obligatory. Provision of data marked as obligatory is necessary for the creation of a Customer Account, fulfilment and handling of orders placed in the Webshop as well as for the proper performance of services provided electronically. The provision of data marked as mandatory is voluntary, however, it is necessary for the creation of a Customer Account. The provision of non-mandatory personal data is voluntary and is not necessary for the creation of a Customer Account.
7. After completing the registration form, the “Register” button must be pressed. The Customer Account service is provided free of charge for an indefinite period of time. At this point in time, a contract for electronic provision of the Customer Account service will be concluded.
8. Once the Customer Account has been registered, the Customer may log in to the Webshop by entering the electronic mail address (email address) and password indicated during registration.
9. The Customer may terminate the contract for the provision of the Customer Account service at any time, without stating a reason and without incurring costs, in particular by sending via email to hello@phlov.com or in writing to the postal address: MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J., ul. Inżynierska 13, 81-512 Gdynia, requesting the removal of the Customer Account together with an indication of the electronic mail address (email address) currently registered in the Webshop.
10.
a) Customer’s use of the Webshop in a manner that violates the law or the provisions of these Rules,
b) The Customer’s use of the Webshop in a manner that violates the rights of third parties or good morals,
c) Customer’s use of the Webshop in a manner that interferes with its functioning,
d) sending or posting of unsolicited commercial information (spam) by the Customer within the Webshop
11. MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. may submit a statement of termination of the Customer Account service contract by sending the Customer a statement of termination of the Customer Account service contract by email to the email address (email address) currently registered in the Webshop.
12. Termination of the Customer Account service contract by either party, as well as termination of the Customer Account service contract with the consent of both parties, will result in the blocking and removal of the Customer Account from the Webshop.
13. The termination of the Customer Account Service Contract by either Party, as well as the termination of the Customer Account Service Contract with the consent of both Parties, shall not affect the rights acquired by the Parties prior to termination or dissolution.
§ 4 Placing orders
1. The customer may purchase goods from the Webshop’s range of products by placing an order.
2. Orders can be placed twenty-four hours a day, seven days a week via the Webshop website by filling in an interactive form.
3. A necessary element of the ordering procedure is that the Customer has read and accepted these Rules, which he or she confirms by ticking the appropriate box before finalising the order. If the Customer does not accept these Rules during the ordering procedure, he/she cannot use the possibility of purchasing goods via the Webshop.
4. As part of the order placement procedure, the Customer also has to provide his/her personal data indicated in the order form, marked as obligatory, and give his/her consent to the processing of the Customer’s personal data provided during order placement for the purpose of completing and servicing the order placed with the Webshop by ticking the appropriate box before finalising the order. Providing personal data marked as obligatory is voluntary, however, it is necessary in order to place an order. Providing personal data not marked as obligatory is voluntary and is not necessary to place an order.
5. In order to place an order, it is necessary to complete the order via the website of the Webshop, select the area and method of delivery of the goods, the method of payment, fill in the order form and then approve and submit the order by pressing the “I buy” button. By pressing the “I buy” button, the Customer places an order with the obligation to pay.
6. The Customer completes the order using the “Cart”. By pressing the “Add to Cart” button, the Customer selects the goods in the range of the Webshop at the time of placing the order, according to their description and price, and selects the size if the goods are offered in different sizes. After pressing the “Checkout” button, the Customer selects the area and method of delivery of the goods, the method of payment and completes the order form.
7. The order form should indicate:
a) the name and address of the Customer,
b) the telephone number and electronic mail address (email address) of the Customer,
c) the recipient’s details and the address to which the goods are to be delivered, if the ordered goods are to be delivered to an address other than that of the Customer and to a place other than that stated in the registration form.
8. A Customer who has registered a Customer Account with the Webshop may place an order using the Customer Account after logging in to the Webshop. Goods ordered in the Webshop can be delivered within the territory of the Republic of Poland.
9. Information on the total value of the order, which includes the price of the goods and the costs of delivery, is given each time on the website of the Webshop during the ordering process, including immediately before and at the time of the Customer’s approval and placement of the order. These are the total costs to be paid by the Customer, including any applicable taxes and delivery costs.
10. During the ordering procedure – until the “I buy” button is pressed – the Customer has the possibility to modify the order, in particular with regard to the selection of the goods, the area and method of delivery of the goods, the method of payment, the data provided in the order form. In order to modify the order with regard to the selection, it is necessary to press the “Delete” button visible on the Webshop page during the ordering procedure.
11. The order is placed once the order has been completed, the area and delivery method of the goods have been selected, the payment method has been selected and the order form has been completed.
12. The order is placed by the Customer pressing the “Buy” button. An order placed via the Webshop entails an obligation to pay.
13. Placing an order by the Customer means placing an offer to MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. to conclude a contract of sale of the goods which are the subject of the order.
14. After the Customer has placed an order, an electronic message from MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. confirming receipt of the order and acceptance of the order for processing shall be sent immediately to the electronic mail address (email address) indicated on the order form or in the Customer Account, when the Customer has placed an order using the Customer Account. As soon as the Customer receives an electronic message from MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. with confirmation of receipt of the order and acceptance of the order for execution, a sales contract between the Customer and MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. is concluded. Confirmation, making available, recording, securing the content of the concluded contract takes place by sending the Customer the above electronic message with confirmation of receipt of the order and acceptance of the order for processing, together with attachments in PDF format in the form of these Regulations, instruction on the right to withdraw from the contract, specimen form of statement of withdrawal from the contract.
15. Provision of services by MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. by electronic means in terms of enabling Customers to place orders for goods offered by MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. via the Webshop is free of charge and of a one-time nature. The service terminates immediately after MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. has fulfilled the order or when the Customer discontinues placing the order via the Webshop earlier.
16. The Order fulfilment procedure is initiated from the moment the sales contract is concluded, but not earlier than the moment the payment for the Goods is credited (in the case of a transfer) or the payment is authorised by the iMoje or DotPay system.
17. Orders are processed on working days only.
18. The proof of purchase is an invoice, which the Customer receives electronically. The Customer authorises the Seller to issue an invoice without the Customer’s signature and agrees to send it electronically to the email address indicated by the Customer, unless the Customer notifies the Seller of his intention to receive it in paper form.
§ 5 Payment methods
1. When placing an order, the Customer may choose the following method of payment for the Goods ordered and the costs of delivery:
a) online payment through Przelewy24 System (provided by PayPro S.A., KRS 0000347935, ul. Pastelowa 8, 60-198 Poznań). The rules of making payments via the Przelewy24 System and the complaint procedure are available at www.przelewy24.pl
b) płatność PayPal
2. The Customer making payment by bank transfer, via electronic payment systems, should pay for the Goods including delivery costs within 1 working day from the conclusion of the sales contract. After this deadline, the Seller’s offer is not binding. It is possible to extend the payment deadline by agreement with the Seller.
§ 6 Delivery
1. It is not possible to collect the Goods at the Seller’s seat.
2. Delivery is made as follows:
a) Orders are sent out via DPD courier service.
If the value of the order does not exceed EUR 50, the shipping shipping cost of the order is showed in the Cart and this is based on the country of destination.
For orders over EUR 50, delivery costs are not charged.
4. The Seller reserves the right to change the courier company that carries out the delivery of the order to the Customer.
5. Information on delivery costs is made visible in the procedure for placing the Order (in the interactive form) and in the email confirming the placing of the Order by the Customer. Delivery costs are added to the price of the Goods and are borne by the Customer.
6. Goods ordered via the Webshop are delivered to the place indicated by the Customer in the order on working days.
7. The delivery of goods ordered via the Webshop to the place indicated by the Customer when placing the order is charged according to the rules specified below.
8. Delivery costs shall be added to the price of the Goods and shall be borne by the Customer. If the value of the Order exceeds EUR 50, the delivery costs shall be paid by the Seller.
9. Deliveries to European countries are only made to Orders paid for by bank transfer or via the Przelewy24 or iMOJE electronic payment system.
10. In the event of a possible extension of the delivery time, the Customer shall be informed immediately.
11. The waiting time for delivery ranges from 24 hours to 21 days. The waiting time consists of the completion of the order and the expected delivery time. In the event of prolonged delivery times, the seller undertakes to contact the customer to inform him of any delays.
12. On receiving the consignment with the Goods delivered by the courier, the Customer is obliged to examine it (pursuant to Article 545 § 2 of the Civil Code).
In the event of damage to the parcel, the Seller recommends drawing up a damage report in the presence of the courier and informing the Seller immediately.
§ 7 Statutory right of withdrawal
1. A Consumer and an Entrepreneur with the rights of a Consumer may withdraw from the contract of sale of the Goods purchased from the Seller without stating the reason, making a relevant statement within 14 (in words: fourteen) days, counting from the date of issuance of the Goods (ie from the date of taking possession of the Goods by the Consumer, Entrepreneur with the rights of a Consumer or a third person named by him/her other than the carrier), if the prerequisite specified in paragraph 12b) below has not occurred.
2. Sending the declaration before the deadline is sufficient to meet the above deadline. The declaration of withdrawal from the contract may be submitted in writing to the address: MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. ul.Inżynierska 13, 81-512 Gdynia or electronically via email to: hello@phlov.com
3. A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act. A Consumer and an Entrepreneur with the rights of a Consumer may use the model form, but it is not obligatory for an effective declaration of withdrawal.
4. In the case of withdrawal from the contract, the Consumer and the Entrepreneur with the rights of the Consumer is obliged to return the Goods immediately, to the given address: MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. ul. Inżynierska 13, 81-512 Gdynia, but not later than 14 days from the day on which he has withdrawn from the contract.
5. The Consumer and the Entrepreneur with the rights of the Consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
6. In the event of withdrawal from the contract, the Seller shall refund all payments received from the Consumer or an Entrepreneur with Consumer’s rights, including the costs of delivering the Goods to the Consumer or an Entrepreneur with Consumer’s rights (except for the additional costs resulting from the method of delivery chosen by the Consumer or an Entrepreneur with Consumer’s rights other than the cheapest ordinary method of delivery offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the exercise of the Consumer’s right of withdrawal.
7. Refunds shall be made using the same means of payment as those used by the Consumer or Entrepreneur with Consumer Rights in the original transaction, unless the Consumer or Entrepreneur with Consumer Rights has expressly agreed otherwise.
8. The Seller shall refund the payment within 14 days from the date of receipt of the declaration of withdrawal, but may withhold the refund until it has received the Goods or until it has provided the Seller with proof of return, whichever event occurs first.
9. If the Consumer or Entrepreneur with Consumer rights has chosen a method of delivery of the Goods other than the cheapest ordinary means of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur with Consumer rights for the additional costs incurred by the latter.
11. The Consumer and the Entrepreneur with Consumer’s rights shall bear the direct costs of returning the Goods in accordance with the price list of the carrier by means of which the Consumer or the Entrepreneur with Consumer’s rights delivers the returned Goods to the Seller, ie the Consumer or the Entrepreneur with Consumer’s rights sends the Goods back to the Seller at their own expense, which is not refundable.
12. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer and the Entrepreneur with the rights of the Consumer in respect of contracts:
a) in which the object of the performance is a non-prefabricated item, produced to the Consumer’s or the Entrepreneur’s specification with the Consumer’s entitlement or serving to meet the Consumer’s personalised needs;
b) where the object of the service is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery;
c) in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery,
d) for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer or the Entrepreneur with the rights of the Consumer, who has been informed before the performance starts that after the Seller’s performance he will lose the right of withdrawal.
§ 8 Complaint handling procedure
1. MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. shall be liable to the Consumer and Entrepreneur with the rights of the Consumer for non-compliance of the Goods with the sales contract existing at the time of their delivery and disclosed within two years from the moment of delivery or expiry of the minimum durability of the Goods. MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. shall be liable to the Consumer and the Entrepreneur with the rights of the Consumer on this account in accordance with the provisions of the act of 30 May 2014 on consumer rights (Dz.U. z 2022 r. poz. 2337).
2. The Goods are in conformity with the contract of sale if, in particular, the following remain in conformity with the contract:
a) description, type, quantity, quality, completeness and functionality of the Goods,
b) suitability for the specific purpose for which it is needed by the Consumer or an Entrepreneur with consumer rights, which the Consumer or Entrepreneur with consumer rights informed the Seller of at the latest at the time of the conclusion of the sales contract and which the Seller accepted.
3. Dodatkowo, aby Towar mógł zostać uznany za zgody z umową sprzedaży, musi:
a) be fit for the purposes for which Goods of that type are normally used, taking into account applicable law, technical standards and good practice,
b) appear in such quantity and have such characteristics, including durability and safety, as are typical of Goods of that type and which the Consumer or an Entrepreneur with the rights of the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurances made by the Seller, its legal predecessors or persons acting on its behalf, in particular in advertising or on labelling, unless the Seller demonstrates that:
- did not know about the public assurance in question and, judging reasonably, could not have known about it,
- prior to the conclusion of the contract, the public assurance was rectified under the conditions and in the form in which the public assurance was given, or in a comparable manner,
- the public assurance did not influence the consumer’s decision to conclude the sales contract,
c) be supplied with packaging, accessories and instructions which the Consumer or an Entrepreneur with the rights of the Consumer may reasonably expect to be supplied,
d) be of the same quality as the sample or model which the Seller has made available to the Consumer or trader to the Consumer’s satisfaction before the conclusion of the contract and correspond to the description of such sample or model.
4. The Seller shall not be liable for the lack of conformity of the Goods with the sales contract to the extent referred to in section 3 above, if the Consumer or Entrepreneur with the rights of the Consumer, at the latest at the time of the conclusion of the contract, has been expressly informed that a specific feature of the Goods deviates from the requirements for conformity with the contract referred to in section 3 above, and has expressly and separately accepted the lack of a specific feature of the Goods.
5. If the Goods are not in conformity with the contract of sale, the Consumer or the Entrepreneur with the rights of the Consumer may demand repair or replacement.
6. The Seller may make a replacement when the Consumer or an Entrepreneur with Consumer’s rights demands a repair, or the Seller may make a repair when the Consumer or an Entrepreneur with Consumer’s rights demands a replacement, if bringing the Goods into conformity with the sales contract in a manner chosen by the Consumer or Entrepreneur with Consumer’s rights is impossible or would require incurring excessive costs by the Seller. If the impossibility or unreasonable costs concern both repair and replacement, the Seller may refuse to bring the Goods into conformity with the contract. In such a case, the Consumer or the Entrepreneur with the rights of the Consumer may submit a declaration on reduction of the price or withdrawal from the sales contract. When assessing the excessiveness of the costs for the Seller, all circumstances shall be taken into account, in particular the importance of non-conformity of the Goods with the sales contract, the value of the Goods in conformity with the sales contract and the excessive inconvenience arising for the Consumer or the Entrepreneur with the rights of the Consumer as a result of a change in the manner of bringing the Goods into conformity with the sales contract.
7. The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller has been informed of the Goods’ non-conformity with the contract of sale and the receipt of the Goods from the Consumer or the Entrepreneur with the rights of the Consumer.
8. The cost of repairing or replacing the Goods shall be borne by the Seller. The Consumer or Entrepreneur with the rights of the Consumer shall be obliged to make the Goods subject to repair or replacement available to the Seller for collection, which shall take place at the Seller’s expense.
9. A Consumer or an Entrepreneur with the rights of a Consumer may make a declaration to reduce the price or to withdraw from the sales contract if the Goods are not in conformity with the contract, but:
a) the Seller refused to bring the Goods into conformity with the sales contract,
b) the Seller has not brought the Goods into conformity with the sales contract,
c) the non-conformity of the Goods with the contract continues despite the Seller’s attempt to bring the Goods into conformity with the sales contract,
d) the lack of conformity of the Goods is such as to justify either immediate reduction in price or withdrawal from the sales contract,
e) it is clear from the Seller’s statement or the circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
10. The reduced price must remain in such proportion to the price resulting from the sales contract, in which the value of the Goods not in conformity with the sales contract remains to the value of the Goods in conformity with the sales contract. The reimbursement of the amount due resulting from the exercise of the right to reduce the price shall be made no later than within 14 days from the date of receipt of the Consumer’s declaration on price reduction.
11. The Seller may not accept the declaration of the Consumer or Entrepreneur with the rights of the Consumer to withdraw from the sales contract, if the Seller demonstrates that the lack of conformity of the Goods with the contract is insignificant.
12. In the event of withdrawal from the sales contract, the Consumer or Entrepreneur with the rights of the Consumer shall immediately return the Goods to the Seller at the Seller’s expense. The Seller shall reimburse the price no later than 14 days from the date of receipt of the Goods or proof of return.
13. A complaint may be lodged by a Consumer or an Entrepreneur with the rights of a Consumer in writing and sent to the address: MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. ul. Inżynierska 13, 81-512 Gdynia.
14. A complaint can be made using the complaint form available on the website of the Webshop under “Returns/Complaints” tab at www.phlov.eu The complaint form is only an example which, when intending to make a complaint, the Consumer or Entrepreneur with Consumer rights does not have to use or be guided by it.
15. The Seller shall consider and respond to the complaint immediately, no later than within 14 days from the date of complaint. The Customer will be informed about the manner of complaint consideration in accordance with the data indicated in the complaint notification in writing or on another permanent medium. If MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. does not respond to the Consumer’s complaint within 14 days from the date of its receipt, it shall be deemed to have accepted the complaint.
16. If there are any deficiencies in the submitted complaint, MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. will ask the Customer to complete them in accordance with the address data indicated in the complaint application.
17. It is advisable that the notification of the complaint contains, in particular:
a) name and surname,
b) mailing address,
c) electronic mail address (email address) to which a reply to the complaint is to be sent, if the Customer wishes to receive a reply to the complaint by email,
d) date of purchase of the goods,
e) type of goods under complaint,
f) precise description of the defect and the date on which it was found,
g) Customer request,
h) as well as the way in which the Customer prefers to be informed about the handling of the complaint.
i) proof of purchase of the goods must be provided with the claim.
The above contents concerning the notification of a complaint are only an example, which the Customer does not have to use, and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
§ 9 Out-of-court complaint and redress procedures
1. The European Consumer Centres Network also assists in resolving an individual dispute and consumer complaint related to a cross-border transaction.
2. The consumer may use the online consumer dispute resolution platform (ODR platform) in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes).
3. The European ODR platform aims to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court online resolution of disputes between consumers and traders concerning contractual obligations arising from online sales or service contracts concluded between consumers resident in the European Union and traders established in the European Union.
4. Below is an electronic link to the ODR platform ec.europa.eu/consumers/odr
5. The use of the available out-of-court complaint and redress procedure is possible after the completion of the complaint procedure and is voluntary – both parties must agree to the procedure. MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. agrees to participate in the procedure for out-of-court settlement of disputes with Consumers.
§ 10 Services free of charge
1. The Seller provides free services to the Customer electronically in the form of:
a) newsletter,
b) maintenance of the Customer Account,
c) posting of opinions,
d) Chat.
2. The services in paragraph 1 above are provided 24 hours a day, 7 days a week, with the exception of the chat service, which is provided during the hours and days indicated on the website of the Webshop.
3. The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Customer in a manner appropriate to the change of the Rules.
Newsletter
4. The Customer may agree to receive the Newsletter provided by MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J.. The Newsletter is sent only to Customers who have ordered the Newsletter by ticking the appropriate box in the registration form or order form and have agreed to receive commercial information at the provided electronic mail address (email address) within the meaning of the act of 18 July 2002 on electronic service provision (consolidated text: Dz. U. z 2013 r., poz. 1422).
5. Within the Newsletter service, information in the form of an electronic letter (email) is sent to the electronic mail address (email address) provided by the Customer. The Newsletter contains, in particular, information about the product offer of MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J., new collections, current promotions and other information about the products offered by MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. The newsletter is sent free of charge.
6. The Customer may at any time, without stating any reason and without incurring any costs, change the indicated electronic mail address (email address) to which the Newsletter is sent or unsubscribe from the Newsletter by pressing the Newsletter link located in the footer of each Newsletter, entering his/her electronic mail address (email address) in the appropriate field and then selecting the “Unsubscribe” button.
Maintaining a Customer Account
7. The Customer Account service consists of making available to a Customer who has registered an individual panel within the Webshop website, which allows the Customer to perform a number of actions without having to enter data in forms each time, including in particular placing Orders based on the data assigned to the Customer Account, tracking the status of Orders and Order history, submitting complaints, declaring withdrawal from the sales contract, editing data.
Posting of opinions
8. The opinion posting service consists of enabling the Customer to publish individual and subjective statements made by the Customer about the Goods on the website of the Webshop.
Chat
9. The chat service consists in establishing real-time contact between the Customer and the Vendor via the communicator operated by the Vendor. Cancellation of the chat service is possible at any time and consists in stopping the use of the communicator operated by the Vendor. The history of the entire conversation conducted via this service is sent to the Customer’s email address.
10. The Seller shall be entitled to block the access to the Client’s Account and free services in the case of actions taken by the Client that are intended to cause damage to the Seller, in particular advertising activities of another entrepreneur, activities consisting in posting content that is not related to the activities of the Seller, activities consisting in posting false or misleading content, as well as in the case of acting to the detriment of other Clients, violating the law or the provisions of the Rules, and also when blocking access to the Client’s Account and free services is dictated by security reasons, in particular breaking security of the Webshop’s website or other hacking activities. The Seller shall notify the Customer of the reasons for blocking access to the Account and free services by email to the address provided by the Customer.
11. A complaint regarding free services provided electronically should include, in particular: a description of the matter to which the complaint relates, the electronic mail address (email address) provided during registration of the Customer Account or in the order form, and the electronic mail address (email address) or correspondence address to which a reply to the complaint is to be sent, if the Customer wishes to receive a reply to the complaint by post or email to an address which is different from the electronic mail address (email address) provided during registration of the Customer Account or in the order form, and the Customer’s preferred method of being informed about the manner of processing the complaint. The above-mentioned content concerning the complaint notification is only an example, which the Customer does not have to use, and does not affect the effectiveness of complaints submitted without the recommended description of the complaint. The complaint will be considered and the Customer will be informed of the manner in which the complaint has been dealt with immediately, no later than within 14 days from the date of submission of the complaint. The Customer will be informed of the manner in which the complaint is dealt with in accordance with the data indicated in the complaint submission.
§ 11 Intellectual property
1. The Shop holds the intellectual property rights to the objects related to the activity of the Webshop. Intellectual property includes copyrights to: the logo, the website design, photographs depicting the Goods, texts placed on the website, product descriptions, as well as other materials available and published on the website.
2. Any use of the Shop’s intellectual property is prohibited.
§ 12 Personal data and privacy policy
1. The controller of the personal data of the Store’s Customers is MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. with its the seat in Gdynia (address: ul. Inżynierska 13, 81-512 Gdynia).
2. Provision of personal data by Users of the Website is voluntary. Customers’ personal data shall be processed for the purposes of registration in the Shop and, in the case of granting the relevant consent, for the marketing of our products and services and participation in the Newsletter service. In the case of purchase of goods, personal data will be processed for the purpose of proper execution of the contract of sale of our products as well as their dispatch. Failure to provide personal data necessary for the conclusion of a sales contract will result in the refusal to conclude a sales contract.
3. The legal basis for the processing of personal data with regard to customer registration in the Webshop, marketing of products and services and participation in the Newsletter service is the consent given, while in the case of the purchase of goods, the processing of data is necessary for the performance of the contract.
4. Personal data will be stored until the customer withdraws consent or up to a maximum of 5 years after the order has been processed.
5. We will transfer your personal data to companies that provide us with IT and legal services and carry out marketing activities for us, as well as those that carry out the delivery of goods. We will not transfer your personal data to third countries.
6. Every customer has the right to request access to his or her data, rectification (correction), portability and deletion, as well as the right to restrict data processing.
7. In connection with our processing of personal data, the customer has the right to lodge a complaint with the President of the Data Protection Authority.
8. We will not make automated decisions, including decisions resulting from profiling, based on Customers’ personal data.
9. You have the right to withdraw your consent to the processing of personal data that is processed on the basis of your consent at any time. The withdrawal of consent will not affect the lawfulness of the processing that was carried out on the basis of the consent given before its withdrawal.
10. MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. uses cookies, which are saved by the ICT system in the User’s ICT system (on a computer, phone or other User’s device from which the connection with the Website was made) while browsing the Website, including the “Webshop” subpage, and allow for subsequent identification of the User in the event of a repeated connection with the Website from the device (eg computer, phone) on which they were saved.
11. Cookies collect data on the use of the Website, including the “Webshop” sub-page by the User, and their main purpose is to facilitate the use of the Website by the User, to adapt the Website pages to the needs and expectations of a given User (personalisation of the sub-pages of the Website), and to study User traffic within the Website.
12. Cookies are used on the Website with the User’s consent. Consent may be given by the User through appropriate settings of the software, in particular the Internet browser, installed on the telecommunications device used by the User to view the content of the Website.
13. The User of the Website may also restrict or disable cookies in his/her browser at any time by setting it to block cookies or to warn the User before a cookie is stored on the device he/she is using to view the contents of the Website. In such a case, however, it may happen that the use of the Website, including the “Webshop” subpage, will be less efficient, the User will not be able to access certain content and, in extreme cases, the correct display of the Website pages, including the “Webshop” subpage, may be completely blocked.
14. Detailed provisions on data protection and privacy policy can be found in the Privacy Policy, which is available on the website of the Webshop under “Privacy Policy” at www.phlov.eu.
§ 13 Final provisions
1. Contracts concluded through the Webshop are concluded in the Polish language.
2. The information and price lists provided on the website of the Webshop at www.phlov.eu relating to the goods presented in the Webshop do not constitute an offer within the meaning of the provisions of the act of 23 April 1964 Civil Code (consolidated text: Dz.U. z 2017, poz. 459 as amended).
3. MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. honours all the Customers’ rights provided for in the provisions of the applicable law, and in particular those provided for in the provisions of the act of 23 April 1964 on the Civil Code (consolidated text: Dz. U. z 2017 r., poz. 459 as amended) and the act of 30 May 2014 on consumer rights (Dz.U. z 2017 r., poz. 683). The provisions of these Rules are not intended to limit or exclude any rights of Customers under the law.
4. These Rules are available free of charge on the website of the Webshop under the tab “Rules” and at the the seat of the Company. The Rules are made available on the aforementioned website in a form which makes it possible to acquire, reproduce and record the content of these Rules by means of a data communications system used by the Client. Recording, securing and making available the content of a contract concluded via the Webshop is performed by sending the content of the concluded contract to the Client’s email address provided within the scope of the transaction performed in the Webshop.
5. MOODIPHY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. reserves the right to amend these Rules for legal or organisational reasons. Each Customer will be informed about the content of changes to the Rules by posting a message about changes to the Rules at the address of the Webshop www.phlov.eu, containing a summary of changes to the Rules and maintaining this information on the website of the Webshop www.phlov.eu for at least 14 consecutive calendar days.
6. In the event of an amendment to these Rules, all contracts concluded and orders placed before the effective date of the amendment to the Rules shall be fulfilled in accordance with the Rules as in force on the date of conclusion of the contract and placement of the order by the Customer.
7. The provisions of Polish law, in particular the act of 23 April 1964 on the civil code (consolidated text: Dz.U. z 2017 r., poz. 459, as amended), and in the case of Customers who are Consumers, also the provisions of the act of 30 May 2014 on consumer rights (Dz.U. z 2017 r., poz. 683) shall apply to matters not regulated in these Rules.
8. These Rules shall enter into force on 1.10.2019 and shall apply to contracts concluded from that date.
§ 14 Rules for sharing of electronic files
TECHNICAL REQUIREMENTS FOR ELECTRONIC EQUIPMENT NECESSARY FOR THE OPERATION OF THE SERVICE
1. The sale of a File may only be successfully completed using Electronic Devices which meet the technical requirements listed below.
1.1. For products saved in ePUB, mobi, and PDF formats:
1.1.1. computer: minimum requirements: Microsoft® Windows® XP operating system with Service Pack 3 installed, with Intel® Pentium® 500 MHz processor, 128 MB RAM and a monitor with a minimum resolution of 800 x 600 pixels. The computer must additionally have software installed that allows opening ePub, mobi, PDF files, eg Adobe Digital Editions, MobiPocket Reader, Calibre, Adobe Reader;
1.1.2. MAC computer PowerPC® processor: Mac OS X v 10.4.10 or higher with PowerPC® G4 or G5 500 MHz processor installed, 128 MB RAM or Intel® processor;
1.1.3. e-book reader;
1.1.4. tablet or smartphone with iOS, Android, Windows 8 (or higher) installed and an app that supports epub, mobi, pdf files eg Publio, BlueFire Reader, Aldiko;
2. The File offered by the Store is accompanied by information including the characteristics of the File (ePUB, PDF, Mobi), the size of the File and its format. Before ordering, the User shall verify that the Electronic Device intended for downloading the File meets the hardware requirements specified in paragraph 1 and that it has sufficient memory to store the File on the Electronic Device.
RULES FOR SHOPPING IN THE SHOP
1. The shop offers the sale of a File available in the shop. The offer applies to the file for which information on availability and price is given in the Shop.
2. In order to purchase Electronic Files from the Store, the User shall create an Account on the Website (registration) or provide an email address during the purchase process. Registration is done by filling in the User’s email address in the registration form. After filling in the registration data, the User will receive an email sent to the indicated email address. At this point, registration is complete. Access to the Account takes place after filling in the login (User’s email address) and the password. The password is known only to the User, who should protect it against unauthorised access by third parties.
3. The sale of the File takes place after the User has placed an order. In order to place an order, it is necessary to provide your first and last name, this data is required by the payment operator.
4. After placing an order, the User will receive a message to the email address provided by him/her confirming the contents of the order placed. A registered User may view the history of purchases made in the Store via his/her Account on the Website.
5. The user is obliged to pay for the Order, according to the choice made by the user, through the service provided by the payment operator by means of:
5.1. electronic transfer;
5.2. debiting the User’s payment card.
6. The sale of a File is each time confirmed by a specification sent to the email address indicated by the User.
7. Upon payment of the Order by the User, the ordered File is automatically made available to the User by sending an email to the email address provided by the User with a link to the File to be downloaded. From the moment the File is made available, it may be downloaded by the User and the download of this File excludes the possibility of withdrawing from the contract relating to this File.
8. In special cases (eg due to server failure), the File may be made available later than the time of the Order Payment.
9. A User who purchases a File made available as part of a Sale may record and reproduce this File using an Electronic Device of the User’s choice to which such File is sent – without time limitation.
10. The sale of a File allows the use of the File solely for the User’s own personal use. The sale of a File does not imply any transfer of rights or licensing of the works, artistic performances or other contributions contained in the File. Other than as set out in these Terms, any other recording, reproduction, marketing and distribution of the File requires the consent of the owner of the rights, except as expressly permitted by law.
WITHDRAWAL FROM FILE PURCHASES MADE IN A SHOP AND REIMBURSEMENT OF PAYMENTS
1. The Consumer and the Entrepreneur with the rights of the Consumer shall have the right to withdraw from the File purchase contract. Withdrawal from the contract shall take place by submitting a declaration within 14 days of the conclusion of the contract. The declaration does not have to contain a justification.
2. The right of withdrawal expires as soon as the download of the File has commenced.
3. The Consumer / Entrepreneur with the rights of the Consumer shall submit a declaration of withdrawal by email addressed to hello@phlov.com
4. In the event of withdrawal from the contract, it shall be deemed not to have been concluded. The administrator shall, within 14 days, return to the Consumer / Entrepreneur with the rights of the Consumer all payments made by him.
COMPLAINTS
1. Any User may submit complaints regarding any of the services listed in these Rules (including defects and faults in the Files). Complaints should only be submitted: by email to: hello@phlov.com
2. The complaint shall be considered within 14 days of its receipt. The Administrator shall inform the User about the settlement of the complaint – by email – to the email address from which the complaint was sent.