MUSHI SHOP ONLINE STORE REGULATIONS

I. Definitions

1. The terms used in these Regulations mean:
a) Business Days – days from Monday to Friday, excluding public holidays;
b) Client – a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit that is not a legal person but is granted legal capacity by specific provisions, who places an Order within the Online Store or uses other Services available in the Online Store;
c) Civil Code – the Act of April 23, 1964;
d) Account – a part of the Online Store assigned to a given Client, through which the Client can perform specific actions within the Online Store;
e) Consumer – a Client who is a consumer in the understanding of Article 22[1] of the Civil Code;
f) Entrepreneur – a Client who is an entrepreneur in the understanding of Article 43[1] of the Civil Code;
g) Regulations – this document;
i) Goods – a product presented in the Online Store, the description of which is available for each presented product;
j) Sales Agreement – a Sales Agreement for Goods in the understanding of the Civil Code, concluded between the Seller and the Client;
k) Services – services provided by the Seller to Clients electronically in the understanding of the provisions of the Act of July 18, 2002, on the provision of electronic services;
l) Consumer Rights Act – the Act of May 30, 2014, on consumer rights;
m) Order – the Client's declaration of will, directly aiming at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.

II. General provisions

1. 1. These Regulations define the general terms and conditions, the method of providing electronic services, and sales conducted via the Online Store https://mushishop.pl/ operated by "Mushi Shop" Yanina Kazak with its registered office in Warsaw (registered office address and delivery address: 00-209 Warsaw, ul. Nowy Świat 31); NIP: 1133145399; REGON: 529619046; email address: mushishop.pl@gmail.com.
2. 2. These Regulations are continuously available on the website https://mushishop.pl/ in a way that allows their acquisition, reproduction, and retention of their content by printing or saving on a medium at any time.
3. A condition for starting to use the Store is familiarization with these Regulations and their full acceptance. It is understood that reading and accepting these regulations is equivalent to the Entrepreneur providing the consumer (Client) with information referred to in Article 12 of the Act of May 30, 2014, on consumer rights; this information is contained in the following points of the regulations.
4. Using the Online Store is possible provided that the ICT system used by the Client meets the following minimum technical requirements: a computer or mobile device with Internet access, email access, a web browser (Firefox, Internet Explorer, Chrome, Opera, Safari), and enabled Cookies and Javascript in the web browser.
5. The Client is obliged to:
a) provide only true, current, and all necessary data during registration and ordering within the Online Store, as well as to update them immediately.
b) use the services provided by the Seller in a way that does not disrupt the functioning of the Seller, the Online Store, and other Clients;
c) use the services provided by the Seller in a manner consistent with legal provisions and the provisions of the Regulations.

IV. Services

1. Services are provided by the Seller free of charge, 24 hours a day, 7 days a week.
2. The Seller provides the following Electronic Services to Clients via the Online Store:
a) Placing orders and concluding Sales Agreements, under the terms specified in these Regulations;
3. The agreement for the provision of an Electronic Service consisting of enabling the placement of an Order in the Store is concluded for a definite period and terminates upon the placement of the Order or the cessation of placing it by the Service Recipient.
4. The Seller may at any time terminate the Service Provision Agreement with the Client with a 14-day notice period for valid reasons, understood as a change in legal provisions regulating the provision of electronic services by the Seller affecting the mutual rights and obligations specified in the agreement concluded between the Client and the Seller, or a change in the scope or provision of services to which the provisions of the Regulations apply.
5. In the event of the Client's violation of the provisions of these Regulations, the Seller, after a prior unsuccessful request to cease or rectify the violations, setting an appropriate deadline, may terminate the Service provision agreement with a 14-day notice period.

V. Sales Agreement for Goods

1. Information about Goods provided on the Store's websites, in particular their descriptions, technical and utility parameters, and prices, constitute an invitation to conclude an Agreement, in the understanding of Article 71 of the Civil Code.
2. All Goods available in the Online Store are brand new, free from physical and legal defects.
3. Placing an Order is possible without registration.
4. The Order Form requires the following data: name, surname, delivery address, email address, contact phone number. Incorrect completion of the form or providing incorrect data may result in the Online Store's withdrawal from the execution of the Order. Failure to exercise due diligence when completing the form may result in the Client incurring additional costs, including: compensation costs, costs of incorrectly made shipment, costs of re-shipment, and other justified costs incurred by the Store for the execution of a given order.
5. A condition for placing an Order is having an active email account. When placing an Order via the Order form available on the Online Store's website, the Order is placed by the Client to the Seller electronically and constitutes an offer to conclude a Sales Agreement for the Goods covered by the Order. An offer placed electronically is binding on the Client if the Seller sends a confirmation of acceptance of the Order to the email address provided by the Client, which constitutes the Seller's declaration of acceptance of the Client's offer, and upon its receipt by the Client, the Sales Agreement is concluded.
6. The Sales Agreement is concluded in Polish, with content consistent with the Regulations.
7. Orders can be placed 24 hours a day. Placing an order entails the obligation to pay.

VI. Prices and Payments

1. Product prices are given in Polish zlotys and include all components, including VAT and other charges.
2. The Client can choose the following payment methods:
a) bank transfer to the Seller's bank account
– in this case, the execution of the Order will begin after the Seller sends the Client a confirmation of Order acceptance, and shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
b) Online payment and payment cards
– The entity providing online payment services is Paynow.
– in this case, the execution of the Order will begin after the Seller sends the Client a confirmation of Order acceptance and after the Seller receives information from the clearing agent's system about the payment made by the Client, and shipment will be made immediately after the Order is completed.
3. The User, when making a payment, will be informed immediately before its execution about the amount to be paid, about the possible methods of its execution, and about the data of the payment operator, if such an option is available in a given service. The detailed regulations for making payments via electronic payment operators are available on the website of the respective operator.
4. When making a payment via an electronic payment operator, the User should follow the instructions provided by the electronic payment operator to make the payment.
5. The Client authorizes the Seller to issue an invoice without the recipient's signature in electronic form (or another sales document in electronic form).

VII. Delivery

1. Delivery of Goods is carried out to the address indicated by the Client during the ordering process. Delivery of Goods is within the territory of the Republic of Poland.
2. Delivery of Goods is carried out via a courier company.
3. The Seller informs the Client on the Store's website, in the product description, about the number of Business Days required for Order fulfillment and delivery, as well as about the delivery fees for the Goods.
4. The delivery and order fulfillment period is counted in Business Days.
5. If different fulfillment periods are provided for the Goods included in the Order, the longest period among those provided applies to the entire Order.

VIII. Right to withdraw from the Agreement

1. The Consumer may withdraw from the sales agreement without giving a reason by submitting an appropriate statement within 14 days from the date of product delivery.
2. The Consumer may withdraw from the service agreement or the agreement for the supply of digital content not stored on a tangible medium without giving a reason by submitting an appropriate statement within 14 days from the date of concluding the agreement.
3. The Client may formulate the statement independently or use the model statement of withdrawal from the Agreement (Appendix No. 1).
4. The 14-day period is counted from the day the Goods were delivered or, in the case of a Service Agreement, from the day it was concluded.
5. Upon receipt of the statement of withdrawal from the Agreement by the Consumer, the Seller will send a confirmation of receipt of the statement of withdrawal from the Agreement to the Consumer's email address.
6. In the event of withdrawal from a distance contract, the contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to ascertain the nature, characteristics, and functioning of the Goods. The return should take place immediately, no later than within 14 days.
7. The purchased Goods should be returned to the Seller's address.
8. The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, return all payments made by the Consumer, including the costs of delivering the Goods. The Seller shall refund payments using the same payment method used by the Consumer, unless the Consumer agrees to a different method of return, provided that this method does not entail any costs for the Consumer.
9. The Seller may withhold the refund of payments received from the Client until the item is returned or until the Client provides proof of its return, whichever occurs first, unless the Seller has offered to collect the item from the Client themselves.
10. If the Consumer chose a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by them. The Client only bears the direct cost of returning the Goods, unless the Seller agreed to bear this cost.

IX. Exclusion of the right to withdraw from the contract

1. The right to withdraw from the Agreement by the Consumer is excluded in the case of:
a) provision of services, if the Seller has fully performed the service with the Consumer's express consent, who was informed before the commencement of the service that after the performance of the service by the Seller, they will lose the right to withdraw from the Agreement;
b) Agreements where the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the Agreement;
c) Agreements where the subject of the service is non-prefabricated Goods, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs;
d) Agreements where the subject of the service is Goods that deteriorate quickly or have a short shelf life;
e) Agreements where the subject of the service is Goods 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;
f) Agreements where the subject of the service is Products that, after delivery, due to their nature, become inseparably connected with other items;
g) Agreements where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control;
h) Agreements where the Consumer explicitly requested that the Seller come to them for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or delivers Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement with regard to the additional services or Goods;
i) Agreements where the subject of the service is sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of subscription agreements;
j) Agreements concluded by public auction;
k) Agreements for the provision of services in the field of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement specifies the day or period of service provision;
l) Agreements for the supply of digital content not stored on a tangible medium, if the performance of the service began with the Consumer's express consent before the deadline for withdrawal from the Agreement and after being informed by the Seller about the loss of the right to withdraw from the Agreement.

X. Complaint procedure

1. The Seller has a sufficiently formalized complaint procedure and processes complaints in accordance with this procedure.
2. The Client has the right to file a complaint regarding both the performance of the sales agreement and the performance of the agreement for the provision of electronic services.
3. Regarding the performance of the sales agreement, the Seller undertakes to deliver Goods free from defects. The Seller is liable to the Client under warranty for defects on the terms specified in Articles 556 – 576 of the Civil Code.
4. The Client who exercises warranty rights is obliged to deliver the defective item to the Seller's address. In the case of a Client who is a Consumer, the cost of delivery is covered by the Seller.
5. It is recommended that the Client provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the goods into conformity with the Sales Agreement or a statement about a price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person filing the complaint.
6. The Seller is liable under the warranty if a physical defect is found before two years from the delivery of the Goods to the Client. A claim for removal of the defect or exchange of the Goods for defect-free ones expires after one year, but this period cannot end before the end of the period specified in the first sentence. Within this period, the Client may withdraw from the Sales Agreement or submit a statement about a price reduction due to the defect of the Goods. If the Client demanded the exchange of the Goods for defect-free ones or the removal of the defect, the period for withdrawal from the Sales Agreement or submitting a statement about a price reduction begins when the deadline for exchanging the Goods or removing the defect expires without effect.
7. The Seller undertakes to consider every complaint within 14 days. In case of deficiencies in the complaint, the Seller will immediately ask the Client to supplement it to the necessary extent, but no later than within 7 days from the date of receipt of the request by the Client.
8. If the Client, being a consumer, demanded the exchange of an item or removal of a defect, or submitted a statement about a price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this demand within 14 calendar days, it is considered that the demand was recognized as justified.
9. Regarding the performance of the agreement for the provision of electronic services, the Client may submit complaints to the Seller concerning the functioning of the Store and the use of Services to the email address: mushishop.pl@gmail.com.
10. The Client may also use out-of-court methods of complaint resolution (mediation, arbitration court) and claim enforcement.
For example, the Consumer is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
11. Based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform that at http://ec.europa.eu/consumers/odr/.
an online dispute resolution platform is available for disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is a website with a single point of contact for consumers and entrepreneurs seeking out-of-court resolution of disputes concerning contractual obligations arising from online sales or service agreements.

XI. Provisions concerning Entrepreneurs (B2B)

1. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty to a Client who is an Entrepreneur is excluded.
2. The Seller has the right to withdraw from a Sales Agreement concluded with an Entrepreneur within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims of the Client against the Seller.
3. In the case of Clients who are Entrepreneurs, the Seller has the right to limit available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.
4. At the moment the Seller hands over the goods to the carrier, the benefits and burdens associated with the goods, as well as the risk of accidental loss or damage, pass to the Client who is an Entrepreneur. In such a case, the Seller is not liable for the loss, shortage or damage to the goods arising from their acceptance for transport until their delivery to the Client, nor for delay in the transport of the shipment.
5. Any disputes arising between the Seller and a Client who is an Entrepreneur shall be resolved by the court competent for the Seller's registered office.

XII. Force majeure clause

1. Neither party shall be held liable for non-performance of any of its obligations if such non-performance is caused by an unforeseeable event beyond its control or a force majeure incident, including but not limited to epidemic, flood, fire, storm, lack of raw materials, transport strike, partial or total strike, or blockade. The party affected by such events must immediately notify the other party, no later than five (5) working days after the occurrence of the said event.
2. The parties agree that they will jointly endeavor to fulfill the obligation to the best of their ability while such events persist.

XIII. Personal data protection

1. The Seller collects and processes personal data provided by Clients in accordance with applicable legal provisions and the Privacy Policy.
2. The Seller applies appropriate technical and organizational measures to ensure the protection of processed personal data.
3. Additional explanations regarding personal data protection are contained in the "Privacy Policy" tab available on the Website.

XIV. Final provisions

1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, internet domain, Online Store website, as well as to forms and logos, belong to the Seller, and their use may only occur in a manner specified and consistent with the Regulations.
2. Polish law shall govern agreements with Clients. The United Nations Convention on Contracts for the International Sale of Goods, drawn up in Vienna on April 11, 1980, does not apply.
3. The choice of Polish law as the governing law does not deprive clients, who are consumers, of the protection provided to them by the law applicable to their habitual place of residence in the EU.
4. Any disputes arising between the Seller and a Client who is a Consumer shall be resolved by the courts competent in accordance with the provisions of the relevant civil procedure code.
5. In matters not regulated by these regulations, Polish law shall apply.
6. Every Client will be informed of any changes to these Regulations through information on the home page of the Online Store containing a list of changes and their effective date. Clients with an Account will additionally be informed of the changes, along with their list, to the e-mail address provided by them. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Client with a Client Account does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact within 14 days from the date of being informed about the change to the Regulations. Notifying the Seller of non-acceptance of the new content of the Regulations results in the termination of the Agreement.

Appendix No. 1 to the Regulations

Below is a sample withdrawal form, which the Consumer may, but is not obliged to, use:

SAMPLE WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract)
……………………………………………………………………….
……………………………………………………………………….
………………………………………………………………………..

– I/We(*) …………………………………………………………… hereby inform/inform us(*) of my/our withdrawal from the contract of sale of the following goods(*) / for the provision of the following service(*) / for the supply of digital content in the form of(*):
…………………………………………………………………………………………………………………………………………………………………………………………………………………….
– Date of contract conclusion(*)/receipt(*) …………………………………………………………
– Consumer's name(s): …………………………………………………………………………………………………………………………………………………………………
– Consumer's address(es): ………………………………………………………………………………………………………………………………………………………………………………

Consumer's signature

………………………………………………………………………………………………………………………………
(only if the form is sent in paper version)
Date ……………………………………..

(*) Delete as appropriate.