§ 1 Introductory provisions

  1. The Motulinka online store, available at www.motulinka.pl, is run by Monika Kaczmarczyk, who runs a business under the name MotulinKa Monika Kaczmarczyk, entered into the Central Register and Information on Business Activity (CEIDG) maintained by the minister responsible for economy, NIP 5492423819, REGON 122573767.
  2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and sets out the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with a Customer at a distance through the Store.

§ 2 Definitions

  1. Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
  2. Seller – a natural person pconducting business activity under the name MotulinKa Monika Kaczmarczyk, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for the economy, NIP 5492423819, REGON 122573767 .
  3. Customer – any entity making purchases via the Store.
  4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
  5. Shop – online shop run by the Seller at www.motulinka.com.
  6. Distance contract - a contract concluded with the Customer as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
  7. Regulations – these regulations of the Store.
  8. Order - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Sales Agreement for the Product or Products with the Seller.
  9. Account - customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.
  10. Registration form – a form available in the Store, enabling the creation of an Account.
  11. Order form - an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  12. Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  13. Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  14. Sales Agreement - a Product sales agreement concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means - depending on the features of the Product - a contract for the provision of services and a contract for specific work.

§ 3 Contact with the Store

  1. Seller's address: ul. Zaborska 5/4c, 32-600 Oświęcim
  2. Seller's email address: motulinkadladzieci@protonmail.com
  3. Seller's phone number: +48 796 812 165
  4. Seller's bank account number 08 1140 2004 0000 3002 8203 3927
  5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
  6. The Customer may communicate by phone with the Seller between 9:00 PM and 16:00 PM

§ 4 Technical requirements

  1. To use the Store, including viewing the Store's assortment and placing orders for Products, you need:
    • a terminal device with access to the Internet and a web browser such as Google Chrome, Firefox or Safari
    • active e-mail account (e-mail),
    • enabled cookies.

§ 5 General information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
  2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or the Account will be automatically registered to the email address provided when placing the order.
  3. Product prices listed in the Store are given in Polish zloty and are gross prices (including VAT).
  4. The Customer consents to the conclusion by the Seller of an agreement for the delivery of the order with the service provider.
  5. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store's pages when placing the Order, including when expressing the will to be bound by a Sales Agreement.
  6. In the case of a Contract involving a subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the accounting period.
  7. If the nature of the subject of the Agreement does not allow, judiciously judging, to calculate the amount of the final (final) price in advance, information about the manner in which the price will be calculated, as well as about charges for transport, delivery, postal services and other costs will be provided in the Store in the Product description.

§ 6 Creating an Account in the Store

  1. To create an Account in the Store, you must complete the Registration Form. The following data is required: Name, Surname, e-mail address, telephone number, delivery address.
  2. Creating an Account in the Store is free.
  3. Logging in to the Account is done by entering your login (e-mail address) and password, which will be automatically generated and sent to the indicated e-mail address.
  4. The Customer may at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in §

§ 7 Order submission rules

  1. In order to place an Order:
    • log in to the Store (Optional);
    • select the Product being the subject of the Order, and then click the "Add to Cart" button (or equivalent);
    • log in or use the registration option when placing an order;
    • if the option of registration was selected when placing the order – fill in the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details if they are different from the details of the recipient of the Order,
    • click the “Proceed to payment” button;
    • Accept these Terms and Conditions;
    • select one of the available payment methods, click the “Order and pay” button and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.

§ 8. Offered delivery and payment methods

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
    • Courier delivery,
    • Personal collection available at: ul. Zaborska 5/4c, 32-600 Oświęcim
  2. The customer can use the following payment methods:
    • Payment by bank transfer to the Seller's account
    • Electronic payments
    • Payment by credit card.
  3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

§ 9 Performance of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
  3. If the customer chooses:
    • payment by bank transfer – the Customer is obliged to make the payment within 3 days from the conclusion of the Sales Agreement - otherwise the order will be canceled.
    • Electronic payments (blik, quick transfer, payment card) – the customer is obliged to make the payment within 24 hours from the conclusion of the Sales Agreement – ​​otherwise the order will be canceled.
    • If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time limit indicated in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
    • When ordering Products with different delivery dates, the delivery date is the longest given date.
  4. The start of the period for delivery of the Product to the Customer is counted as follows:
    • If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
    • If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will be additionally informed about the readiness of the Product for collection by the Seller by sending an appropriate e-mail to the Customer's e-mail address provided when placing the Order.
    • In the case of ordering Products with different dates of readiness for collection, the Customer has the option of collecting the Products in parts (according to their readiness for collection) or collecting all Products after completing the entire order.
  5. The beginning of the period of the Product's readiness for collection by the Customer is counted as follows:
    • If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
  6. Delivery of the Product takes place in the countries available for selection in the ordering process.
  7. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the "Delivery costs" tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
  8. Personal collection of the Product by the Customer is free of charge.
  9. The order fulfillment period depends on the availability of the Product and delivery dates specified by the Supplier. As a rule, a standard order is fulfilled within 12-20 business days counted from the day the Store sends an e-mail notification about the Store accepting the order. The Seller is not responsible for delivery delays due to the fault of courier companies or force majeure.

§ 10 Right of withdrawal

  1. In accordance with the law, a consumer who makes purchases in an online store has the right to withdraw from the contract within 14 days. The customer is obliged to print, complete and attach a return form to the package (the form is available below). Please ensure that the returned products are carefully packed. A document confirming the purchase (receipt or invoice) should also be attached to the package. The package should be sent to the following address: Motulinka Monika Kaczmarczyk, ul. Zaborska 5/4c, 32-600 Oświęcim. Withdrawal from the contract applies to non-prefabricated products (i.e. items in which the customer has not made any personalisations - this does not apply to the size of the products). We inform you that in accordance with the Consumer Rights Act: Art. 38 The right to withdraw from a contract concluded outside the business premises or at a distance does not apply to the consumer in relation to contracts: 3) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or intended to meet their individual needs; Journal of Laws 2017.0.683, i.e. Act of 30 May 2014 on consumer rights.
  2. In the event of returning the Goods in connection with the withdrawal referred to in paragraph 1, the Consumer shall be liable for any reduction in the value of the Goods resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
  3. The right to withdraw from the contract does not apply to the Consumer in relation to the contracts indicated in Art. 38 of the Act of 30 May 2014 on consumer rights, in particular contracts: where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery, for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the entrepreneur has provided the service, he will lose the right to withdraw from the contract, where the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet his individual needs, where the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items, for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the entrepreneur informed him of the loss of the right to withdraw from the contract.
  4. A Customer who is not a Consumer has no right to withdraw from the contract referred to in paragraph 1, and in the scope of such sale the rules and deadlines for withdrawal from the contract are regulated by the provisions of the Civil Code.
  5. Consumers have the right to exchange goods for other goods within 14 days of receiving the shipment, provided the goods show no signs of wear, are undamaged, and—if applicable—are in their original packaging. The desire for an exchange must be notified by email before returning the shipment. In the case of an exchange, all shipping costs (both returning the goods to the seller and re-sending the replaced goods (PLN 17.99) to the consumer) are the responsibility of the consumer.

          DOWNLOAD RETURN/EXCHANGE FORM: Return form

§ 11 Complaints and warranty

  1. New Products are covered by the Sales Agreement.
  2. The Seller is obliged to provide the Customer with an item free from defects.
  3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code.
  4. Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Regulations.
  5. It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the customer submitting the complaint, and the customer's request in connection with the defect of the goods.
  6. The seller will respond to the complaint request immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the client's request was considered justified.
  7. Goods sent under the complaint procedure should be sent to the address given in § 3 of these Regulations.

§ 12 Out-of-court ways of dealing with complaints and redress

  1. Detailed information on the possibility of using by the Consumer  out-of-court methods of dealing with complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The consumer has the following examples of possibilities of using extrajudicial methods of dealing with complaints and redress:
    • The consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
    • The consumer is entitled to turn to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
  3. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

§ 13 Personal data in the Online Store

  1. The administrator of personal data of Customers collected through the Online Store is the Seller.
  2. Customers' personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees - also for marketing purposes.
  3. The recipients of personal data of the Online Store customers may be:
    • In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer's collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
    • In the case of a Customer who uses the Online Store with the method of electronic payments or a payment card, the Administrator provides the Customer's personal data collected to the selected entity operating the above payments in the Online Store.
  4. The customer has the right to access their data and correct them.
  5. Providing personal data is voluntary, however failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.

§ 14 Promotions and discount codes

  1. Promotions organised in the Store are temporary and are valid only for the period specified in their terms and conditions or while stocks last, unless otherwise stated.
  2. The Seller reserves the right to terminate, change or cancel the promotion at any time, without giving any reason, provided that this does not violate the rights of Customers who used the promotion before its end.
  3. Discount codes cannot be combined with other promotions, price reductions, discount codes or other special offers, unless the terms of a given promotion expressly state otherwise.
  4. Promotions using a discount code do not apply to products that are already discounted (e.g. products from the "promotion", "sale" or other discount categories), unless otherwise stated in the promotion description.
  5. The Seller reserves the right to exclude certain products, variants or categories from the promotion, of which the Customer is informed in the description of the given promotion.
  6. The conditions for activating a discount code, such as the minimum order value, validity period or quantity restrictions, are specified in each promotion description.
  7. The discount code may be used only once by one Customer, unless the terms and conditions of a given promotion state otherwise.
  8. Discount codes cannot be exchanged for cash or refunded if unused.
  9. In the event of a return of a Product purchased using a discount code, the refund will only cover the amount actually paid by the Customer.

§ 15 Final provisions

  1. Agreements concluded through the Online Store are concluded in Polish.
  2. The Seller reserves the right to amend the Regulations for important reasons, i.e. changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about any change at least 7 days in advance.
  3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
  4. The customer has the right to use out-of-court methods of dealing with complaints and pursuing claims. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
  5. By accepting the regulations and privacy policy, the customer voluntarily consents to receiving commercial messages electronically.