Terms and conditions

On 25 May 2018, the GDPR — Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data — came into force in Poland. On 25 December 2014, the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827) came into force. Accordingly, we have adapted the terms and conditions of our store to the new European and national legal requirements and present them below. The previous version of the terms and conditions is available by clicking here: store terms and conditions effective from 1 May 2018

§ 1 Introduction

  1. These Terms and Conditions set out the general conditions for making purchases in the Moora online store located at the electronic address www.moora.eu.
  2. The legal basis for these Terms and Conditions is, in particular:
    1. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
    2. the Act of 23 April 1964 — Civil Code (Journal of Laws of 1964, No. 16, item 93),
    3. the Act of 29 August 1997 on the protection of personal data (Journal of Laws of 2002, No. 101, item 926),
    4. the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 104),
    5. the Act of 27 July 2002 on specific conditions of consumer sales and amending the Civil Code (Journal of Laws of 2002, No. 141, item 1176),
    6. the Act of 2 March 2000 on the protection of certain consumer rights and on liability for damage caused by a dangerous product (Journal of Laws of 2000, No. 22, item 271, as amended).

§ 2 Definitions

For the purposes of these Terms and Conditions, the following terms have the following meanings:

  1. Seller – Rafał Wojciechowski, conducting business under the name JASPIS Rafał Wojciechowski, with its registered office in Leszno (64-100), ul. Narutowicza 2, tax identification number NIP: 697-000-08-54, REGON: 411437581, owner and administrator of the online store conducting retail sales of Goods, located at the electronic address www.moora.eu.
  2. Moora – the online store located at the electronic address www.moora.eu, operated and owned by the Seller.
  3. Customer – a natural person, legal person or organisational unit with legal capacity, making purchases in moora.
  4. Consumer – a natural person making purchases in moora for purposes not related to their business or professional activity.
  5. Goods – movable items offered by moora: all goods offered by moora are brand new and free of legal defects.
  6. Order – the conclusion of a distance sales contract using the basket, preceded by the selection of the parameters of the Goods, the payment method and the delivery method.
  7. Basket – the electronic form through which the Customer places an order.
  8. Registration – the act of submitting data, including personal data, in order to create an Account.
  9. Personal data – the Customer’s personal data processed for the purpose of fulfilling the Order placed. Personal data means any information relating to an identified or identifiable natural person
  10. Account – the account created after registration, enabling, among other things, the purchase of goods.
  11. User – a natural person (including a Consumer), legal person or organisational unit with legal capacity, holding an account in moora.
  12. Price – the price of the goods stated in the description of the Goods, expressed in euro (EUR) and including VAT. The Price does not include delivery costs.
  13. Delivery costs – the costs of delivering the order, borne by the Customer.
  14. Payment – payment of the amount due for the order placed, covering the price and the delivery costs, in the manner chosen by the Customer when placing the order.

§ 3 General conditions

  1. Orders in moora are placed using an ICT system.
  2. To use moora, a device with access to the internet and a web browser is required.
  3. Before registering, the user is obliged to read the terms and conditions and their appendices, which form an integral part of them, and to accept them.
  4. By placing an order, the Customer accepts the provisions of the terms and conditions and all their appendices, which form an integral part of them.
  5. The User declares that by registering they consent to the processing of their personal data to the extent necessary to use moora.
  6. The Customer declares that by placing an order they consent to the processing of their personal data to the extent necessary to fulfil the order.
  7. The content of the moora website is the property of the Seller and is legally protected.
  8. Photographs of the goods on the moora website are illustrative and serve display purposes only.

§ 4 Account

  1. To create an account, registration is required.
  2. User registration is free of charge.
  3. Registration is completed by filling in the form available at the electronic address www.moora.eu/my-account.
  4. The registration form contains fields that must be completed in order to create an individual account through which the Customer can place orders.
  5. The User is obliged to provide true personal data.
  6. After registration, the user receives an e-mail confirming the registration and containing the user’s login and password.
  7. Having an Account enables the user, in particular, to:
    1. place orders,
    2. track the status of the courier shipment, monitor the status of orders placed and the purchase history,
  8. The login and password are confidential.
  9. It is forbidden to make one’s account available to third parties, unless the account holder is a company that makes the account available within the organisational structure of its enterprise.

§ 5 Placing an order

  1. Purchases in moora are made via an account or by placing a one-off order without registration.
  2. Orders are placed using the basket.
  3. The price binding on the Customer and the seller is the price shown in the description of the goods at the time the order is placed.
  4. Before placing an order, the Customer selects the parameters of the goods, such as quantity, the shipping method and the payment method.
  5. To place an order, the Customer is also required to provide an e-mail address, a delivery address and a telephone number.
  6. Providing the personal data referred to in section 4 above is voluntary but necessary to fulfil the order.
  7. By clicking the “place order” button, the Customer accepts the terms of sale, the characteristics and the price of the goods and undertakes to pay the Price and the delivery costs.
  8. After placing the order, the Customer receives an e-mail confirming it.
  9. Upon receipt of the order confirmation referred to in section 8 above, a sales contract is concluded between the Customer and the seller.
  10. If the order is placed by a consumer, the provisions of the Act of 30 May 2014 on Consumer Rights apply, under which the consumer is entitled to withdraw from the contract of sale of goods purchased in moora within 14 (fourteen) days of receiving the goods, without giving any reason, subject to § 8 Returns.
  11. The Seller has the right to change the moora product range, its prices and delivery costs, provided that such changes do not affect orders already placed by the Customer.
  12. A customer making a purchase in the store consents to their e-mail address being passed to the moora online store together with their personal data – for the purpose of completing a survey with an opinion on the transaction in the moora Online Store and confirming that the transaction is covered by the Buyer Protection Programme (in accordance with the applicable provisions of the Personal Data Protection Act of 29 August 1997).

§ 6 Payments

  1. Payment is made in euro (EUR) before the order is fulfilled. Payment on delivery (cash on delivery) is not available.
  2. Available payment methods:
    • PayPal,
    • PayU — online bank transfer or payment card,
    • standard bank transfer in EUR to the Seller’s account: JASPIS Rafał Wojciechowski, IBAN PL51 1020 3088 0000 8902 0156 7932, with the order number as the payment reference.
  3. A VAT invoice is issued at the customer’s request.

§ 7 Delivery

  1. Goods are delivered to the countries listed on the Shipping page, by postal operators and courier companies operating in the destination country. The delivery cost depends on the destination country and is shown in the basket before the order is placed.
  2. Moora sells by mail order only. Personal collection at the seller’s premises is not possible.
  3. On receipt of the goods, the Customer is obliged to check that the goods have not been mechanically damaged in transport and that the goods delivered comply with the order description. The Customer confirms, if necessary, with their own signature that they have no objections to the condition of the parcel.
  4. If damage, incompleteness or other defects of the goods are found, the Customer has the right to file a complaint in accordance with the procedure set out in these Terms and Conditions.
  5. Orders are dispatched within 2–3 working days of placing the order and receiving the payment. Delivery usually takes 4–10 working days, depending on the destination country.
  6. For deliveries outside the European Union (e.g. Switzerland), customs duties and import taxes may be charged by the authorities of the destination country; these are borne by the Customer.

§ 8 Complaints procedure

  1. If defects in the goods are found, in particular mechanical damage or non-conformity of the goods with the order, the customer is entitled to file a complaint.
  2. The Seller considers complaints that:
    1. are submitted in writing using the return form available at www.moora.eu and sent by the Customer to the seller’s address.
    2. state the reason for the complaint and, where applicable, the action the Customer expects the seller to take.
    3. are delivered to the seller in the original packaging together with proof of purchase (fiscal receipt or VAT invoice).
    4. are signed and contain the Customer’s current details.
    5. are delivered to moora’s premises, ul. Dekana 3/1st floor, 64-100 Leszno, Poland, by post or any courier company.
  3. The Seller also considers complaints submitted by e-mail marked “Complaint – moora online store” to kontakt@moora.pl, provided that the details referred to in section 2 are given.
  4. The Seller considers a complaint within 14 days of its receipt. If an expert opinion or specialist assessment is required, this period is extended to 21 days. Failure by the seller to respond to a correctly submitted complaint within the above period means that the complaint has been accepted.

If the seller accepts a complaint concerning the non-conformity of the goods with the contract, the seller will, at the choice of the Customer – consumer, repair the goods free of charge or deliver a new, defect-free item at its own expense. If repair or delivery of new, defect-free goods is not possible, the seller will refund the Customer – consumer the price paid together with the shipping costs incurred.

§ 8 Returns

  1. The buyer has the right to return purchased products within 14 days of receiving the shipment. The condition for accepting a return is that the goods are sent back clean and unused (except for trying on) together with the original box, proof of purchase and the completed return form.
  2. Return shipping costs are borne by the Customer.
  3. Parcels sent to the seller cash on delivery or to a parcel locker cannot be accepted.
  4. The refund is made within 14 days of receiving the returned goods, using the payment method used for the order (for bank transfers — to the account given in the return form).
  5. Personalised products, i.e. made to individual order, e.g. with an engraving, cannot be returned.
  6. Secured and well-packed products together with the receipt and, necessarily, the printed and completed return form.

moora
ul. Dekana 3 / 1st floor
64-100 Leszno
Poland

§ 9 Liability of the Seller

  1. The Seller is not liable for disruptions in the operation of Moora caused by reasons beyond its control, in particular equipment failure or unauthorised interference by third parties.
  2. The Seller is not liable for damage suffered by the Customer as a result of using an unsecured device without anti-virus protection to connect to the Internet.

§ 10 Declarations

  1. I consent to the processing by Rafał Wojciechowski, conducting business under the name JASPIS Rafał Wojciechowski, with its registered office in Leszno (64-100), ul. Narutowicza 2, entered in the Central Register and Information on Economic Activity kept by the Minister of Economy, tax identification number NIP: 697 000 08 54, owner and administrator of the online store conducting retail sales of Goods, located at the electronic address www.moora.eu (hereinafter referred to as the Administrator), of the following personal data: first name and surname, address, telephone number and e-mail address. These data have been collected by the Administrator with my consent and will be processed to enable the Administrator to contact me for the purpose of fulfilling purchases I make on the Administrator’s website.
  2. At the same time, I acknowledge that:
    1. The administrator of my personal data is Rafał Wojciechowski, conducting business under the name JASPIS Rafał Wojciechowski, with its registered office in Leszno (64-100), ul. Narutowicza 2, entered in the Central Register and Information on Economic Activity kept by the Minister of Economy, tax identification number NIP: 697 000 08 54, owner and administrator of the online store conducting retail sales of Goods, located at the electronic address www.moora.eu.
    2. The recipients of my personal data may be the Administrator’s business partners.
    3. The Administrator will store my personal data for the period of its business activity, which cannot currently be determined.
    4. I have the right to request from the Administrator access to my personal data, their rectification, erasure, restriction of processing, to object to processing (in the cases specified by law), as well as the right to data portability, to withdraw my consent to the processing of data by the Administrator at any time and to lodge a complaint with a supervisory authority.
    5. Providing my personal data is voluntary; if I do not provide them, the Administrator will not be able to fulfil my order or send me marketing information with my prior consent.
    6. The Administrator may profile my personal data in order to match me with the products or other activities it offers (profiling will concern my purchasing preferences)

§ 11 Final provisions

  1. These Terms and Conditions are available at the electronic address www.moora.eu.
  2. The Seller reserves the right to amend these Terms and Conditions. Amendments come into force 14 days after publication. For the avoidance of doubt, amendments to the Terms and Conditions do not affect Orders placed before the amendments come into force. If a User holding an Account does not accept the amendments, they are entitled to terminate the contract for the provision of electronic services (the Account) by sending an appropriate statement to the Seller’s address.
  3. The parties will first try to resolve any disputes arising from the application of these Terms and Conditions amicably. Failing that, disputes will be settled by the common court having jurisdiction under the provisions of the Act of 17 November 1964 — Code of Civil Procedure (Journal of Laws of 1964, No. 43, item 296, as amended).
  4. The Privacy Policy forms an integral part of the Terms and Conditions.

Privacy policy

  • This Privacy Policy sets out how the personal data of Customers using the online store located at the electronic address www.moora.eu, hereinafter referred to as “Moora”, are protected.
  • Non-acceptance of this Privacy Policy means that it is not possible to use Moora, including placing Orders.
  • The Privacy Policy forms an integral part of the Terms and Conditions.
  • The administrator of Customers’ personal data in Moora is Rafał Wojciechowski, conducting business under the name JASPIS Rafał Wojciechowski, with its registered office in Leszno (64-100), ul. Narutowicza 2, tax identification number NIP: 697-000-08-54, REGON: 411437581, owner of the Moora online store, selling Goods through it at a distance using a telecommunications network, hereinafter referred to as the “Seller”.

Scope of data collection

  • The Seller collects data of persons using Moora, in particular those placing Orders in the manner set out in the Terms and Conditions or subscribing to the newsletter.
  • To place an Order, the Customer should provide data enabling its fulfilment and contact with the Customer, in particular: first name and surname, e-mail address, delivery address and telephone number.

Purpose of data collection

  • The Customer may decide to what extent their personal data will be used. In particular, the Customer may make a declaration withdrawing consent to receiving commercial information or the newsletter.
  • The Customer has the right to supplement, update and rectify their personal data, to temporarily or permanently suspend their processing or to have them erased if they are incomplete, out of date, untrue or have been collected in breach of the law or are no longer necessary for the purpose for which they were collected, as well as the right to object in the cases listed in Article 23(1)(5) of the Personal Data Protection Act, where the seller intends to process the Customer’s data for marketing purposes or to transfer them to another data controller.
  • The Customer may make any changes to their personal data by sending an appropriate declaration to the seller’s address.
  • The Seller reserves the right to refuse to erase the Customer’s data if their retention is necessary to pursue claims or is required by applicable law.
  • Providing data is voluntary but necessary to perform the sales contract concluded between the Customer and the seller.

Right of access

  • The Customer may decide to what extent their personal data will be used. In particular, the Customer may make a declaration withdrawing consent to receiving commercial information or the newsletter.
  • The Customer has the right to supplement, update and rectify their personal data, to temporarily or permanently suspend their processing or to have them erased if they are incomplete, out of date, untrue or have been collected in breach of the law or are no longer necessary for the purpose for which they were collected, as well as the right to object to their transfer to another data controller.
  • The Customer may make any changes to their personal data by sending an appropriate declaration to the seller’s address.
  • The Seller reserves the right to refuse to erase the Customer’s data if their retention is necessary to pursue claims or is required by applicable law.
  • Providing data is voluntary but necessary to perform the sales contract concluded between the Customer and the seller.

Cookies

  • Moora uses small files called cookies. They are saved by the server on the computer of the person visiting the moora website. A cookie usually contains the name of the domain it comes from, its “expiry date” and an individual, randomly selected number identifying the file. The information collected using such files helps to adapt the moora website to the individual preferences and actual needs of customers. It also makes it possible to compile general statistics on the use of the moora website.
  • The cookie mechanism is completely safe for computers; in particular, viruses cannot get into users’ computers this way. Nevertheless, the Customer may restrict or disable cookies on their computer. If this option is used, browsing the moora website will in principle be possible, but some functions may be limited.

IP address

  • The Seller reserves the right to collect the IP addresses of visitors to the moora website, which may be helpful in diagnosing technical problems with the server and in creating statistical analyses (e.g. determining the regions from which we receive the most visits). They may also be useful in administering and improving moora

Third-party cookies

  • The Seller reserves the right to use the services of third parties to compile statistics on the use of moora. We assure you that in such a case no data identifying customers will be passed on to such parties.
  • Third-party cookies may be used in advertisements placed on the moora website to enable analysis of the effectiveness of advertising campaigns.
  • This privacy policy does not govern the use of cookies by third parties.

Access to data by third parties

  • Only authorised employees or associates of the Seller and authorised persons handling moora who have been granted the appropriate authorisation have direct access to the personal data collected by the seller.
  • Customers’ personal data may be disclosed to entities entitled to receive them under applicable law, in particular to the competent judicial authorities.

Security and protection of personal data

  • The Seller declares that it processes customers’ personal data in accordance with the GDPR — Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data — and with national legislation; furthermore, the seller declares that it applies technical and organisational measures ensuring protection of the processed data appropriate to the risks and categories of data protected, and in particular protects customers’ personal data against disclosure to unauthorised persons, loss or damage.

Disclaimer

  • This privacy policy does not cover any information concerning services or goods of entities other than the seller that have been placed on the moora website commercially, as a guest, on a reciprocal basis or not for commercial purposes.
  • The Seller is not responsible for the actions or omissions of customers as a result of which the seller processes the personal data they provide in the manner set out in this privacy policy.
  • The Seller reserves the right to introduce changes, withdraw or modify functions or features of moora, as well as to cease its activity, transfer the rights to moora and perform any legal acts permitted by applicable law. For the avoidance of doubt, the Customer is not entitled to any claims against the Seller on this account.

Contact us

  • Please direct any additional questions regarding the Privacy Policy to the Seller’s address.

Changes to the Privacy Policy

  • The Seller reserves the right to make changes to the privacy policy.
  • The date given below is the effective date of the latest version of the privacy policy.
  • Date: 13.11.2011
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