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Terms of service

 

The following document sets the rules of selling “Kids on the moon” and “By the moon” branded products by Moon sp. z o.o. sp.k. based in Warsaw registered in the register of entrepreneurs kept by the Regional Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Register Court under the number: 0000542017, Tax identification no. (NIP): 5252608301, REGON: 360748580, (hereinafter referred to as: “Seller”) via its online store, available at kidsonthemoon.com and bythemoon.eu, hereinafter referred to as: “Online Store” or “Store”, operated by the Seller.

Seller’s contact details:

1)      address: ul. Leopolda Lisa-Kuli 12 lok. 2, 01-512 Warszawa,

2)      e-mail: shop@kidsonthemoon.com oraz shop@bythemoon.eu.

 

[Definitions]

§1

 

  1.         The following terms used in the Terms of Service shall have the following meaning:

1)      Terms of Service – the following terms of service.

2)      Seller – Moon sp. z o.o. sp.k. based in Warsaw, ul. Leopolda Lisa-Kuli 12 lok. 2, 01-512 Warsaw, registered in the register of entrepreneurs kept by the Regional Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Register Court under the number: 0000542017, Tax identification no. (NIP): 5252608301, REGON: 360748580, operating online stores.

3)      Online store’s website/Online store/Store – either of the websites www.kidsonthemoon.com or www.bythemoon.eu, via which the Seller conducts internet sales.

4)      Customer – a natural or legal person using the Store’s website, including those for which an account was registered and who make a purchase via the Store’s website in accordance with the rules set out in these Terms of Service.

5)      An account –  a Customer’s panel administered by the Seller, activated upon completion of the registration process, which – in particular – stores information regarding order history and order status.

6)      Registration – the process of creating an account.

7)      Contract – a sales contract of the goods offered by the Online store concluded over distance between the Customer and the Store under conditions set out herein.

8)      Work day – every weekday except statutorily non-working days.

9)      Consumer – a natural person performing an act in law with an entrepreneur, said act not being directly with their economic or professional activity.

10)   Fulfilment time  – a time in which the Seller is obliged to send a package by means chosen by Consumer.

 

[Conditions of use of the Online store]

§2

 

  1.       In order to use the Online store, the Customer must have a device with Internet access; an installed and updated Internet browser, namely: Internet Explorer version 10.0 and newer, Firefox 55 or newer, Chrome 60 or newer, Safari 10 or newer; minimum resolution of 320x480px (1366x768 recommended), turned on JavaScript, Cookies and an active email account;
  2.       The Customers are not allowed to use other Customers’ accounts or share their accounts with other Customers.

 

[Registration and account maintenance]

§3

 

  1.     The Customer may place an order either as a registered, logged in customer, that is the one whose Account was created as a result of the registration process or without logging in. Registration may be done as a part of the sales process or independently. As a result of Registration Customer Account is being created.
  2.     The necessary condition for the unlogged customers to place an order is to properly fill out an order form, which appears at a certain point while placing an order.
  3.     One account created in the Store facilitates the possibility of buying products branded Kids on the Moon and By the Moon.
  4.     Registration shall be done by filling out the registration form, which shall contain the following details:

1)      e-mail address,

2)      first name,

3)      surname

4)      date of birth,

Details that are required to complete the creation of an Account and place an order are clearly marked in the registration form.

  1.     The Seller provides the Customer with Account maintenance free of charge. The contract for this service is concluded when Account registration is confirmed. The Customer receives the confirmation in a message sent to the e-mail address given in the registration process. The contract for this service is concluded for an indefinite period of time. The Customer may at any time and without specifying the reason give notice of termination of the contract by submitting an appropriate declaration or requesting deletion of the account, which will result in termination of the contract for account maintenance within the Online store. In order to terminate the contract for account maintenance, one should send an e-mail to: shop@kidsonthemoon.com or shop@bythemoon.eu. If the Seller is in the process of completing an order placed by the Customer and received by the Online store, termination shall be in effect upon completion of said order or its cancellation. Data of the Customer that terminated the contract for account maintenance will be deleted.
  2.     Posting unlawful content among information available through the Account is forbidden.

 

[Placing orders]

§4

 

  1.     Orders may be placed anytime of the day, seven days a week.
  2.     Information included on the Website of the Store is not an offer in the meaning set out in the Civil Code, but merely an invitation to place an offer to conclude a Contract.
  3.     The Customer places an order by adding goods to the shopping cart after choosing their desired characteristics such as, for instance, size.
  4.      After adding the goods to the cart, the Customer has a possibility of verifying them, including removing, changing, acquainting with the price of a particular product.
  5.     At this step the Customer may return shopping or proceed to checkout by clicking on appropriate buttons.
  6.     Products of both brands Kids on the Moon and By the Moon may be added to the shopping cart.
  7.     After clicking on the appropriate button, the Customer is directed to provide further details necessary to complete the order, such as address and delivery method.
  8.     A Customer who is logged in does not have to provide details again as they are kept within their Account.
  9.     The Customer may choose delivery via a courier service or regular post. The Customer then proceeds to the choosing the payment method at which step they are presented with total gross amount, which includes the cost of the goods and delivery.
  10.     Submitting an order to the Seller constitutes an offer to conclude a Contract.
  11.     Upon receiving an order, the Seller shall immediately send confirmation of its placement along with an information that it has been accepted for fulfilment to the Customer’s e-mail address. This information constitutes the Sellers acceptance of the Customer’s offer and upon its receipt by the Customer, a contract is concluded.
  12.     If the Customer chooses on-line payment, they will receive a confirmation e-mail stating that the payment has been received.
  13.     The Customer will be informed via e-mail when the order is ready for dispatch and when it has been dispatched.
  14.     Fulfilment time, meaning the time in which the order is gathered and prepared for dispatch, is – in principle – 10 work days from booking the payment on the Seller’s bank account in the case of payment being made in any other matter that cash. If the time necessary to fulfil the order is longer, the Customer will be informed about this fact by the Seller.
  15.     If the order cannot be fulfilled due to unavailability of an item or other problems, the Seller will contact the Customer to determine a method and time of the order’s fulfilment, or waiver of the order.
  16.     If the Customer renounces the order due to the inability to completely or partially fulfil it on the Seller’s side, but has already made the payment for the order, the Seller shall return the amount paid immediately, at the latest within 5 work days. The method of refund shall be the same as the payment.

 

[Payment and delivery]

§5

 

  1.       The transaction currency used at the Online store is either PLN or EURO.
  2.       The indicated prices are gross, meaning they include the VAT. The cost of delivery, which depends on which method is chosen, is added to the value of the ordered items and the total gross amount.
  3.       Orders may be delivered in the Republic of Poland or abroad.
  4.       Ordered items are delivered by a courier service or Poczta Polska (Polish Post) in accordance with the price list set out on the website of the Store.
  5.       Before placing an order, the Customer confirms – by ticking the box “Order with obligation to pay” – that they have read the Terms of Service and accept its provisions. The Customer has a possibility of downloading the Terms of Service and saving it on their computer.
  6.       If several items are ordered, the delivery cost is charged as if for one item.
  7.       For every sold item, the Seller shall provide a receipt or, upon Customer’s request, an invoice. The request for a invoice should be made in the process of ordering along with providing company details and its tax id. By making a purchase in the Store and requesting a invoice, the Customer authorizes the Store to issue an unsigned invoice.
  8.       Before picking up the delivery, the Customer should check if the package, in which the ordered items have arrived, has not been damaged during transport. If the package bears signs of damage, the Customer is entitled to draw up a report in the presence of the deliverer and should immediately contact the Store.

 

[Renunciation of contract]

§6

 

  1.       A consumer who has concluded a Contract, may renounce it without giving any reason by submitting an appropriate declaration within 14 days from receiving an order, with the reservation that items and services that are statutorily not subject to renunciation may not be returned.
  2.       In order to meet the 14-day time limit mentioned in the provision above, it is sufficient to send the declaration or a scan of it to: shop@kidsonthemoon.com or shop@bythemoon.eu, before the limit expires. The declaration form can be downloaded from the Store’s website.
  3.       If the Customer renounces the Contract, it shall be deemed not concluded.
  4.       The Customer is obliged to return to the Seller the items covered by the Contract which the declaration concerns immediately, at the latest within 14 days from renunciation.
  5.       The Customer shall bear the cost of returning the items.
  6.       The Consumer shall be liable for reducing the value of the items, if the reduction results from using them in a manner beyond one necessary to determine their nature, features and functionality. Damage of the package due to packing it without due diligence by the Customer may also cause reduction in value.
  7.       The Seller shall return to the Customer all received payments, including – but with the stipulation outlined in subpar. 8 – the cost of delivery of the items to the Customer immediately but within no more than 14 days from the day of receipt of the renunciation declaration, with the stipulation that the return of the payment may be suspended until the Seller receives the items or the Customer provides proof that the items have been sent back, depending on which event takes place sooner.
  8.       If the Customer chooses a delivery method other than the least expensive, regular method offered by the Seller, then in the event of renouncing the contract, the Seller is not obliged to return the additional cost incurred by the Customer.
  9.       The Seller shall return the payment using the same method as the payment, unless the Customer agrees to a different method which entails no additional costs for them.
  10.   The right to renounce the contract shall not be due in the case of items custom-made for the Customer, including personalised items.

 

Statement of withdrawal

 

[Replacements]

§7

 

  1.       The Customer has the right to replace a purchased item, on condition that the item with which they wish to replace it is available. The replacement may apply to the exchange of models, sizes or colours.
  2.       In order to replace the purchased item, the Customer should contact the Seller, within 14 days from the delivery of the items, via e-mail at shop@kidsonthemoon.com or shop@bythemoon.eu. The message should contain name and surname of the buyer, order number and details of the replacement, including the desired size of the replacing item.
  3.       Only products that do not bear signs of wear are subject to replacement – in an unchanged condition and with original tags. Custom-made items are not subject to replacement.
  4.       The cost of replacement is the cost of resending the items to the Customer, equal to the least costly method of delivery.
  5.       In the event of replacement, the Customer shall send the items subject to replacement back. The cost of sending the items back shall be borne by the Customer. Paragraph 6 subpar. 6 shall apply.
  6.       If the price of the item changes, the Customer will be informed about this fact along with details about possible surcharges or refunds.

 

[Customer complaints]

§8

 

  1.       The Seller is obliged to deliver items free of physical or legal defects to the Customer. The Seller is liable to the Customer, if an item has a physical or legal defect (warranty).
  2.       If an item has a defect, the Customer may:

1)      file a declaration on a reduction of the price or renunciation of the Contract, unless the Seller immediately and with no excessive inconveniences exchanges the defective item for an item free from defects or immediately removes the defects. This limitation shall not apply where the item has already been exchanged or repaired by the Seller, or the Seller has not discharged the duty of exchanging the item for one free from defects or removing the defect. If the Customer is a Consumer, rather than removal of the defect proposed by the Seller, they may request a replacement for an item free from defects or instead of replacing items he may require that the defect be removed, unless it is impossible to bring items to conformity with the Contract in a manner chosen by the Customer or would involve excessive costs in comparison with the manner proposed by the Seller. While assessing the excessive nature of the costs one shall take into account the value of an item free from defects, the type and the importance of the defect detected, and also the inconveniences to which another way of satisfaction would expose the Customer.

2)      demand a replacement of the item for one free from defects or request the defect be removed. The Seller is obliged to replace the defective item for one free from defects or remove the defect within a reasonable time and without excessive inconveniences to the Customer.

The seller may refuse to satisfy the Customer's demand if it proves impossible to bring the defective item into conformity with the contract in a manner chosen by the Customer or, in comparison with the second possible way to bring it into compliance with the contract, it would require excessive costs. Repair or replacement cost shall be borne by the Seller.

  1.       Complaints covered by the warranty shall be filed within statutory time limits, to: Moon Sp. z o. o. Sp. K., ul. Lisa Kuli 12/2, 01-512 Warszawa; or to: shop@kidsonthemoon.com or shop@bythemoon.eu. In order to streamline the complaint procedure, the defective item should be delivered with a proof of purchase and a notification of complaint (indicating the person complaining, the request to handle the complaint and specifying the defects of the item). The Customer may use a template available on the Store’s website.
  2.       If the details or information provided in the notification of complaint are incomplete, the Seller will ask the Customer to supplement it within the scope necessary.
  3.       The Seller shall, within 14 days from filing a complaint by the Customer, address it. If the Seller does not address the complaint within the 14 days, the complaint shall be deemed justified.
  4.       The Seller shall inform the Customer about the outcome of the complaint via an e-mail message or traditional mail to a correspondence address provided by the Customer in the notification of complaint.
  5.       In any case where fulfilling the Customer’s requests implies delivering new or repaired items, the cost of delivery is covered by the Seller.
  6.       A Customer, who is exercising their rights due to the warranty provisions, is obliged to deliver the items to the Seller’s address. The cost of the delivery shall be covered by the Seller.
  7.       The complaint procedure also applies to the services being rendered on-line by the Seller. Complaints about the services may also be filed to: shop@kidsonthemoon.com or shop@bythemoon.eu.

Complaint of products

 

[Technical support]

§9

 

The Customers may use technical support, should there be problems with the functioning of the Website, by sending e-mails with inquiries to: shop@kidsonthemoon.com or shop@bythemoon.eu.

 

[Privacy policy]

§10

 

  1.       The Seller is the data controller of Customers’ personal data.
  2.       Processing of personal data shall be in accordance with the laws currently in force.
  3.       Sharing personal data is voluntary and its processing shall be for the purpose of:

1)      fulfilment of Contracts,

2)      Seller’s marketing activities.

  1.       The legal basis for processing personal data for the purpose referred to in:

1)      subpar. 3 p. 1 – a statutory authorisation to process data necessary to fulfil  a Contract,

2)      subpar. 3 p. 2 – a statutory authorisation to fulfil legitimate purposes, which, in particular, include direct marketing of the data controller’s own products or services.

In cases required by laws currently in force, the legal basis is a consent given by a Customer.

  1.       Personal data collected by the Online store may be made available to:

1)      appropriate state authorities upon their request under relevant legal provisions,

2)      other persons and entities – in cases provided for in the legal provisions.

  1.       The scope of data processed by the Online store includes the following personal data of the Customers: name and surname, e-mail address, delivery address, billing address, telephone number, date of birth.
  2.       The data controller shall send a copy of the data subject to processing to the person it concerns.
  3.       The Seller shall apply technical and organizational measures ensuring the protection of processed personal data commensurate with threats and with categories of data subject to protection, and he or she shall in particular secure the data against access by unauthorized persons, appropriation by unauthorized persons, processing in violation of relevant legal acts, and against modification, loss, damage or destruction.
  4.       The Customers shall have the right to:

1)      access their personal data and supplement it, rectify and update its content through electronic communication with the Seller or by editing account details after logging in;

2)      demand temporary or permanent discontinuation of processing their personal data, or its deletion if it proves incomplete, outdated, untrue or collected in violation of the law, in which case they should send an email to: shop@kidsonthemoon.com or shop@bythemoon.eu;

3)      object to the processing of their personal data – in cases provided for in the law – as well as demand it is deleted when it is no longer necessary for the purpose it was collected for, in which case they should send an email to: shop@kidsonthemoon.com or shop@bythemoon.eu;

4)      receive data that concerns them and is processed by the data controller as well as to demand sending collected personal data to another service provider;

5)      file a complaint to an appropriate authority, if their rights have been violated.

  1.   Once the Customer no longer uses their account, including as a result of the termination referred to in par. 3 subpar. 5, refusal to accept changes in Terms of Service referred to in par. 12 subpar. 2, the Customer’s data may only be processed to an extent necessary for the following purposes:

1)      pursuing Customer’s liability for infringement of Terms of Service or the law,

2)      determining if Customer’s use of the services was in accordance with Terms of Service and the law.

  1.   Personal data shall be kept and processed for six years.

 

[Cookies]

§11

 

  1.       The Seller uses cookies for the purpose of, among others, enabling logging in to the Account, monitoring Customer’s activity on the Website of the Online Store, drawing up statistics of the Online store’s usage.
  2.       The Online store’s websites use Google Analytics, a ratings analysis service provided by Google Inc. (“Google”). Specific purposes for which Google Analytics uses cookies are outlined in a separate document available at https://www.google.com/intl/pl/policies/privacy/key-terms/#toc-terms-cookie.
  3.       The Customer may decide not to use cookies by selecting appropriate settings of the browser, in which case using all available functions of the websites might not be possible.

 

[Final provisions]

§12

 

  1.       These Terms of Service are a part of the contract and their content may be saved in print, on a data carrier, or by downloading it from the Store’s website.
  2.       The Seller reserves the right to modify these Terms of Service as well as improve Customers’ privacy and prevent wrongdoing. The Seller shall inform the Customers about the modifications by sending a link to the modified content of the Terms of Service. The new version of the Terms of Service is binding to registered Customers, if they do not, within seven days, declare that they do not accept the modifications. Upon receiving such declaration the Seller shall delete the Customer’s account and inform them about it. Orders placed before the modifications coming into force are fulfilled under previous Terms of Service.
  3.       These Terms of Service have been drawn up on the basis of the Polish law. For matters unregulated by these Terms of Service, Polish law, including the Civil Code, act on consumer rights or other acts applicable to the functioning and activity of the Online store in Poland shall apply.
  4.       As regards to contracts concluded between the Seller and Customers who are not consumers, the Seller is liable only if he causes damage by his own fault and within the limits of the loss actually suffered by such Customer.
  5.       Any disputes concerning services provided by the Online store shall be handled by common courts and the law applicable shall be Polish law. A Customer who is a Consumer may choose an out-of-court method of handling complaints and redressing claims. The rules of these proceedings are available at the offices of consumer ombudsmen and on the websites of district (municipal) consumer ombudsmen; social organisations, which statutory tasks cover consumer protection; Voivoidship Inspectorates of the Trade Inspection and on the following websites of the Office of Competition and Consumer Protection:

1)      http://www.uokik.gov.pl/spory_konsumenckie.php,

2)      http://www.uokik.gov.pl/sprawy_indywidualne.php,

3)      http://www.uokik.gov.pl/wazne_adresy.php.

There is also a possibility of using an online dispute resolution platform to resolve disputes between consumers and EU traders, (ODR platform) which is available at: http://ec.europa.eu/consumers/odr.

  1.       The provisions of these Terms of Service do not preclude the Customers from relying on unconditionally applicable legal consumer protection regulations, including those that are in force in the country where the Consumer resides and that are preferable to Polish regulations.

 

Date of publication: 13.04.2018