Terms and conditions

 

Terms and Conditions

mokait.com.pl online Shop

This document covers the rules for entering into contracts through the Shop and explains important details about the Seller, the Shop and consumer rights.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Shop
§ 5 Payments
§ 6 Order processing
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Annex 1: Withdrawal form

§ 1 DEFINITIONS

Working days – refers to days from Monday to Friday, excluding public holidays in Poland.

Civil Code – the Act of 23 April 1964 of the Polish Civil Code.

Consumer – a consumer within the context of the Polish Civil Code.

Account – a free function of the Shop (electronically delivered service), subject to separate Terms and Conditions. This function allows every Shop user to establish an individual Account within the Shop.

Buyer – any individual making a purchase in the Shop.

Privileged Buyer – a Buyer categorized as either a Consumer or a Privileged Entrepreneur as defined under the Polish Civil Code.

Privileged Entrepreneur – a natural person who enters into a contract with the Seller that is directly associated with their business activity, but not of a professional nature for them.

Regulations – these Terms and Conditions.

Shop – the online retail platform mokait.com.pl operated by the Seller at mokait.com.pl.

Seller – KORNELIA MAGDALENA SZABAT, an entrepreneur conducting business under the name MOKAIT KORNELIA SZABAT. This entity is registered in the Central Registration and Information on Business (CEIDG), conducted by the competent minister for the economy and responsible for the maintaining the Central Registration and Information on Business (CEIDG), NIP 9442217043, REGON no. 365609971, ul. Bukowska 12K/10, 32-050 Skawina, Poland.

Act on Consumer Rights – the Act of 30th May 2014 on Consumer' Rights.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Bukowska 12K/10, 32-050 Skawina, Poland
  2. E-mail address: shop@mokait.com.pl
  3. Phone no.: +48 514237257

§ 3 TECHNICAL REQUIREMENTS

  1. To ensure the proper functioning of the Shop, you will need:
  • a device with Internet access,
  • a web browser that supports JavaScript and cookies.
  1. In addition to the requirements set out in paragraph 1, you must have an active e-mail account to place an order in the Shop.

§ 4 SHOPPING IN THE SHOP

  1. The product prices displayed within the Shop represent the total cost for each respective product.
  2. The Seller points out that the overall cost of an order consists of the product price specified in the Shop, and if applicable, the delivery costs of the goods.
  3. For purchasing a desired product, it must be added to the shopping basket within the Shop.
  4. Subsequently, the Buyer selects the preferred delivery method for the goods, the chosen payment method from the available Shop options and provides the information necessary to complete the order.
  5. An order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
  6. By placing an order, a contract is concluded between the Buyer and the Seller.
  7. The Buyer has the option of either registering with the Shop by creating an account, or purchasing without registering by entering personal details with each individual order.

§ 5 PAYMENTS

  1. Payments for placed orders can be made through the following options, as per the Buyer's preference:
    1. via bank wire transfer to the Seller's bank account;
    2. by card payment:
      • Visa,
      • Visa Electron,
      • MasterCard,
      • MasterCard Electronic,
      • Maestro;
    3. using a payment platform:
      • Blue Media,
      • PayPal,
      • PayU,
      • Przelewy24;
    4. cash on delivery, meaning payment will be made via card or in cash upon delivery to the Buyer.
  2. If the Buyer opts to pay via the Blue Media payment platform, the online payment service provider is Blue Media S.A.
  3. If the Buyer chooses to pay in advance, the payment must be made within 7 working days from the date of ordering.
  4. The Seller advises that for payment methods where the field for entering the necessary payment details appears immediately after the order is placed, payment can only be initiated immediately after the order is placed.

§ 6 ORDER PROCESSING

  1. The lead time is indicated in the Shop.
  2. If the Buyer has chosen to pay for an order in advance, the Seller will initiate order processing once the payment has been successfully received.
  3. If the Buyer has purchased products with different lead times within a single order, the order will be processed in alignment with the lead time applicable to the product with the longest duration.
  4. The countries within the delivery area:
    • Poland,
    • European Union
  5. The delivery of products purchased from the Shop depends on the delivery method chosen by the Buyer, which includes:
    • delivery via courier service,
    • delivery to InPost parcel machines (Paczkomat).

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. A Privileged Buyer has the right to withdraw from a contract concluded with the Seller via the Shop in accordance with § 8 of the Terms and Conditions, within 14 days without giving any reason.
  2. The withdrawal period expires after 14 days from the date:
    1. on which the Privileged Buyer, or a third party besides the carrier and authorized by the Privileged Buyer, took possession of the goods;
    2. on which the Privileged Buyer, or a third party besides the carrier and authorized by the Privileged Buyer, took possession of the last good, batch or part. This applies to a contract involving the transfer of ownership of multiple goods which are delivered separately, in batches or in parts.
  3. In order for a Privileged Buyer to exercise his right of withdrawal, they must notify the Seller of their decision to withdraw from the contract via a clear statement (e.g. a letter sent by post or e-mail), using the details specified in § 2 of the Terms and Conditions.
  4. A Privileged Buyer may, but is not obliged to, use the withdrawal form attached at the end of the Terms and Conditions.
  5. In order to comply with the withdrawal period, it is sufficient for the Privileged Buyer to send information concerning the exercise the right of withdrawal before the expiry of the withdrawal period.

CONSEQUENCES OF WITHDRAWAL

  1. In the event that the Priority Buyer withdraws from the concluded contract, the Seller shall promptly, and in any case no later than 14 days from the day on which the Seller has been informed of the Privileged Buyer's decision to exercise their right of withdrawal, reimburse the Privileged Buyer for all payments received from them. This includes the costs associated with the delivery of the goods (excluding any additional costs arising from the Privileged Buyer's choice of a delivery method other than the most economical standard delivery method offered by the Seller).
  2. The Seller shall refund the payment using the same payment method used by the Privileged Buyer for the original transaction, unless the Privileged Buyer agrees otherwise. In such a case, the Privileged Buyer will not incur any fees related to the refund.
  3. If the Seller has not proposed to collect the goods personally from the Privileged Buyer, the Seller may withhold the refund until they have received the returned goods or until proof of their return has been provided, whichever occurs earlier.
  4. The Seller asks to return the goods to the following address: ul. Bukowska 12K/10, 32-050 Skawina, Poland promptly and no later than 14 days from the day on which the Privileged Buyer informed the Seller about their withdrawal from the purchase contract. The deadline is met if the Privileged Buyer returns the goods before the end of the 14-day period.
  5. The Privileged Buyer shall bear the direct costs of returning the goods.
  6. The Privileged Buyer shall only be liable for any decrease in the value of the goods that results from handling the goods beyond what is necessary to establish their nature, characteristics, and functioning.
  7. If, due to their nature, the goods cannot be returned by regular post, the Privileged Buyer will also be responsible for the direct return costs. The estimated amount of these costs will be communicated to the Privileged Buyer by the Seller in the product description within the Shop or when placing an order.
  8. In cases where a refund is required for a transaction made by a Privileged Buyer with a payment card, the Seller will issue the refund to the bank account linked to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

  1. The right to withdraw from a distance contract referred to in § 7 of the Terms and Conditions shall not apply to contracts:
    1. involving customized goods that are not prefabricated and are produced based on the Privileged Buyer's specifications or that are intended to meet their individual requirements;
    2. concerning perishable goods or goods with a limited shelf life;
    3. relating to goods supplied in sealed packaging that, once opened, cannot be returned due to health or hygiene reasons;
    4. pertaining to goods that, by their nature, become inseparable from other items after delivery;
    5. involving sound or visual recordings or computer programs provided in sealed packaging if the packaging is opened after delivery;
    6. involving the delivery of newspapers, periodicals or magazines, except for a subscription contract;
    7. whose price or compensation is subject to fluctuations in the financial market over which the Seller has no control and which may occur before the expiration of the withdrawal period.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

  1. The Seller shall be is liable to the Privileged Buyer for ensuring that the performance conforms to the contract in compliance with applicable laws, including the provisions of the Polish Consumer Rights Act.
  2. The Seller requests that complaints be sent to the postal or electronic address specified in § 2 of the Terms and Conditions.
  3. If the product has a warranty, information about the warranty and its conditions can be found in the Shop.
  4. Complaints related to the operation of the Shop should be sent to the e-mail address specified in § 2 of the Terms and Conditions.
  5. The Seller will respond to the complaint within 14 days of its receipt.

II PRIVILEGED BUYERS

  1. Goods
    1. In case the goods do not conform to the contract, the Privileged Buyer has the possibility of exercising the rights outlined in Section 5a of the Polish Consumer Rights Act.
    2. The Seller shall be liable for any lack of conformity of the goods with the contract existing at the time of delivery and discovered within two years from that time, unless the goods have a longer shelf life as determined by the Seller, its legal predecessors, or individuals acting on their behalf.
    3. Under the provisions of the Polish Consumer Rights Act, a Privileged Buyer may in any case request:
      1. exchange of goods,
      2. repair of goods.
    4. In addition, the Privileged Buyer can choose to:
      1. reduce the price,
      2. withdraw from the contract

if:

  1. the seller has refused to bring the goods into conformity in accordance with Article 43d(2) of the Polish Consumer Rights Act;
  2. the seller has failed to bring the goods into conformity with the contract in accordance with Article 43d(4) to (6) of the Polish Consumer Rights Act;
  3. the non-conformity of the goods with the contract persists despite the Seller's efforts to make the goods conform;
  4. the non-conformity of the goods with the contract is significant enough to warrant a price reduction or contract withdrawal without prior recourse to the remedies described in Article 43d of the Polish Consumer Rights Act;
  5. it is clear from the Seller's statement or circumstances that the goods will not be brought into conformity with the contract within a reasonable time or without undue inconvenience to the Privileged Buyer.
  1. In the case of goods to be repaired or replaced, the Privileged Buyer shall make such goods available to the Seller. The Seller shall collect the goods from the Priority Buyer at his own expense.
  2. The Privileged Buyer may not withdraw from the contract if the non-conformity of the goods with the contract is insignificant.
  3. If the Privileged Buyer withdraws from the contract, as specified in this section (concerning goods), the Privileged Buyer must promptly return the goods to the Seller at the Seller's expense, to the address ul. Bukowska 12K/10, 32-050 Skawina, Poland. The Seller will refund the price to the Privileged Buyer without undue delay and, in any case, within 14 days of receiving the goods or proof of their return.
  4. The Seller shall reimburse the Privileged Buyer the amounts due as a result of the exercise of the right to reduce the price immediately, but not later than within 14 days after receipt of the Privileged Buyer's declaration of price reduction.
  1. Out-of-court complaints and redress procedures
    1. If the complaint procedure does not lead to the result expected by the Consumer, there are several alternative options available, including:
      1. mediation by the competent Voivodeship Inspectorates of the Trade Inspection, to which the Consumer should apply for mediation. As a rule, this procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
      2. assistance of the competent Permanent Consumer Arbitration Court operating at the Voivodeship Inspectorates of the Trade Inspection, where the Consumer can submit a request for a case to be reviewed by the Arbitration Court. As a rule, this procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
      3. free help from the municipal or poviat Consumer Ombudsman;
      4. utilizing the ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

III BUYERS OTHER THAN PRIVILEGED BUYERS

  1. In the event of a defect in the goods, a Buyer who is not a Privileged Buyer may claim the defective goods based on the warranty as regulated by the Polish Civil Code.
  2. The Seller shall be liable to a Buyer who is not a Privileged Buyer under the warranty if a physical defect is discovered within two years from the date of delivery of the goods to the Buyer.
  3. According to the Polish Civil Code, a Buyer who is an entrepreneur other than a Privileged Entrepreneur loses their warranty rights if they did not examine the goods in the time and manner usual for goods of this type and did not immediately notify the Seller of the defect. If the defect came to light later – if they did not notify the Seller immediately after discovering it. Sending the notice of defect before the expiry of this period is sufficient to comply with the above time limit.
  4. When exercising the warranty, a Buyer who is not a Privileged Buyer may in accordance with the provisions of the Polish Civil Code:
    1. declare a price reduction,
    2. declare a withdrawal from the contract, in the event of a significant defect,
    3. request the goods be replaced by goods free from defects,
    4. demand the defect be rectified.
  5. If it is determined that returning the faulty goods to the Seller is necessary to address the complaint, a Buyer who is not a Privileged Buyer must deliver the goods to the following address: ul. Bukowska 12K/10, 32-050 Skawina, Poland.

§ 10 PERSONAL DATA

  1. The administrator of the personal data provided by the Buyer when using the Shop is the Seller. Detailed information regarding the processing of personal data by the Seller, including other purposes and legal grounds for data processing as well as data recipients, can be found in the Privacy Policy available in the Shop. The transparency is in line with the principles contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) - "GDPR".
  2. The purpose of the processing of the Buyer's data by the Seller in connection with purchases in the Shop is to process orders. The legal basis for the processing of personal data in this case is:
    • the contract or actions taken at the request of the Buyer with a view to concluding the contract (Article 6(1)(b) GDPR);
    • Seller's legal obligation relating to accounting (Article 6(1)(c) GDPR);
    • the legitimate interest of the Seller to process the data in order to establish, assert or defend possible claims (Art. 6(1)(f) GDPR).
  3. Providing data by the Buyer is voluntary but necessary for the conclusion of the contract. Failure to provide data will prevent the conclusion of a contract in the Shop.
  4. Buyer data provided in connection with purchases from the Shop will be processed until:
    • the contract concluded between the Buyer and the Seller is no longer valid;
    • the Seller shall no longer be under a legal obligation to process the Buyer's data;
    • the possibility of asserting claims by the Buyer or the Seller related to the contract concluded through the Shop ceases;
    • the Buyer's objection to the processing of their personal data is accepted – in case the basis of data processing was the legitimate interest of the Seller;

depending on what is applicable in each case and what will happen at the latest.

  1. The Buyer is entitled to request:
    • access to their personal data,
    • rectification of their data,
    • deletion of their data,
    • limitation of data processing,
    • transfer of data to another controller,

as well as the right to:

  • object at any time to the processing of data based on Article 6(1)(f) of the GDPR (i.e., on legitimate interests pursued by the Seller) for reasons relating to their particular situation.
  1. To exercise their rights, the Buyer should contact the Seller using the details provided in § 2 of the Terms and Conditions.
  2. If the Buyer believes that their data is being processed unlawfully, the Buyer can submit a complaint to the Polish Data Protection Commissioner.

§ 11 RESERVATIONS

  1. The provision of illegal content by the Buyer is prohibited.
  2. Every time an order is placed in the Shop, it constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the duration and for the purpose of fulfilling the order.
  3. Contracts concluded on the basis of the Terms and Conditions shall be concluded in the Polish language.
  4. In the event of any dispute with a Buyer who is not a Privileged Buyer, the competent court for the Seller's registered office shall have jurisdiction.

 

Annex 1 to the Terms and Conditions

Below is a withdrawal form, which the Consumer or Privileged Entrepreneur may or may not use:

WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the contract)

MOKAIT KORNELIA SZABAT
ul. Bukowska 12K/10, 32-050 Skawina, Poland
E-mail address: shop@mokait.com.pl

- I/We(*) ..................................................................... hereby give notice(*) that I am/we are withdrawing from the contract of sale for the following goods(*)/from the service contract(*):
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................

- Date of contract(*)/delivery(*)
.....................................................................................................................................................
- Name of the Consumer(s)/Privileged Entrepreneur(s):
.....................................................................................................................................................
- Address of the Consumer(s)/Privileged Entrepreneur(s):
.....................................................................................................................................................
.....................................................................................................................................................

 

.............................................................................................
Signature of Consumer(s)/Privileged Entrepreneur(s)
(only if the form is sent on paper)

Date ............................................

(*) Delete where not applicable.

 

Account Terms and Conditions

in the Shop Mokait.com.pl

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Reservations

§ 1 DEFINITIONS

Consumer – a consumer within the context of the Polish Civil Code.

Account – a free function of the Shop (electronically delivered service), subject to separate Terms and Conditions. This function allows every Shop user to establish an individual Account within the Shop.

Customer – any person creating an Account or interested in creating an Account.

Privileged Customer – a Customer who is a Consumer or a natural person who enters into a contract with the Service Provider that is directly related to their business activity but is not of a professional nature for them.

Terms and Conditions – these Account Terms and Conditions.

Shop – the online retail platform mokait.com.pl operated by the Seller at mokait.com.pl.

Service Provider – KORNELIA MAGDALENA SZABAT, an entrepreneur conducting business under the name MOKAIT KORNELIA SZABAT. This entity is registered in the Central Registration and Information on Business (CEIDG), conducted by the competent minister for the economy and responsible for the maintaining the Central Registration and Information on Business (CEIDG), NIP 9442217043, REGON no. 365609971, ul. Bukowska 12K/10, 32-050 Skawina, Poland.

§ 2 CONTACT WITH THE SERVICE PROVIDER

  1. Postal address: ul. Bukowska 12K/10, 32-050 Skawina, Poland
  2. E-mail address: shop@mokait.com.pl
  3. Phone no.: +48 514237257

§ 3 TECHNICAL REQUIREMENTS

  1. In order to create and operate an account, you will need:
    • an active e-mail account,
    • a device with Internet access,
    • a web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

  1. The creation of an account is entirely voluntary and depends on the will of the Customer.
  2. The Account provides the Customer with additional possibilities, such as viewing the history of orders placed by the Customer in the Shop, checking the status of an order, or editing the Customer's data.
  3. In order to set up an Account, you must fill in the relevant form on the Shop’s website.
  4. When an Account is created, a contract for an indefinite period of time is concluded between the Customer and the Service Provider for the operation of the Account, subject to the provisions indicated in the Terms and Conditions.
  5. The Customer has the option to delete the account at any time at no cost.
  6. In order to delete the Account, you should send a deletion request to the Service Provider at the e-mail address: shop@mokait.com.pl. This will result in the immediate deletion of the Account and the termination of the contract for the operation of the Account.

§ 5 COMPLAINTS

  1. Complaints related to the operation of the Account should be sent to the e-mail address: shop@mokait.com.pl.
  2. The Service Provider will respond to the complaint within 14 days of its receipt.


OUT-OF-COURT COMPLAINTS AND REDRESS PROCEDURES

  1. If the complaint procedure does not lead to the result expected by the Consumer, there are several alternative options available, including:
    1. mediation by the competent Voivodeship Inspectorates of the Trade Inspection, to which the Consumer should apply for mediat As a rule, this procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
    2. assistance of the competent Permanent Consumer Arbitration Court operating at the Voivodeship Inspectorates of the Trade Inspection, where the Consumer can submit a request for a case to be reviewed by the Arbitration Court. As a rule, this procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
    3. free help from the municipal or poviat Consumer Ombudsman;
    4. utilizing the ODR platform available at: https://uokik.gov.pl/stale_sady_polubowne.phphttps://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 6 PERSONAL DATA

  1. The administrator of the personal data provided by the Customer when using the Account is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider, including other purposes and legal grounds for data processing as well as data recipients, can be found in the Privacy Policy available in the Shop. The transparency is in line with the principles contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) - "GDPR".
  2. The purpose of the processing of the Customer's data is maintain the Account. The legal basis for the processing of personal data in this case is the service contract or actions taken at the request of the Customer to conclude it (Article 6(1)(b) GDPR), as well as the legitimate interest of the Service Provider, consisting of the processing of data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) GDPR).
  3. Providing data by the Customer is voluntary but necessary for maintaining the Account. Failure to provide data will prevent the Service Provider from maintaining the Account.
  4. The Customer's data will be processed until:
    1. the Account will be deleted by the Customer or at the Customer's request by the Service Provider;
    2. the possibility of asserting claims by the Customer or the Service Provider related to the Account ceases;
    3. the Customer's objection to the processing of their personal data is accepted – in case the basis of data processing was the legitimate interest of the Service Provider;

depending on what is applicable in each case and what will happen at the latest.

  1. The Customer is entitled to request:
    1. access to their personal data,
    2. rectification of their data,
    3. deletion of their data,
    4. limitation of data processing,
    5. transfer of data to another controller

as well as the right to:

  1. object at any time to the processing of data based on Article 6(1)(f) of the GDPR (i.e., on legitimate interests pursued by the Service Provider) for reasons relating to their particular situation.
  1. To exercise their rights, the Customer should contact the Service Provider.
  2. If the Customer believes that their data is being processed unlawfully, the Customer can submit a complaint with the Polish Data Protection Commissioner.

§ 7 RESERVATIONS

  1. The provision of illegal content by the Customer is prohibited.
  2. The Account service contract shall be concluded in the Polish language.
  3. The Service Provider is entitled to amend the Terms and Conditions in the event of good cause as referred to in paragraph 4.
  4. The good cause referred to in paragraph 3 are as follows:
    1. the need to adapt the Shop to the legal provisions applicable to the Shop's activities;
    2. improving the security of the provided service;
    3. changes in the functionality of the Account that require modifications to the Terms and Conditions.
  5. The Customer will receive prior notice of the planned changes to the Terms and Conditions at least 7 days before the changes take effect. This notice will be sent via e-mail to the address associated with the Account.
  6. If the Customer does not accept the planned changes, the Customer should notify the Service Provider by sending a message to the Service Provider's e-mail address shop@mokait.com.pl. This will result in the termination of the Account service contract as of the effective date of the planned changes or earlier upon the Customer's request.
  7. If the Customer does not object to the planned changes by the time they come into effect, the Customer will be considered to have accepted them. However, this acceptance does not prevent the Customer from terminating the Agreement at a later date.
  8. In the event of any dispute with a Customer who is not a Privileged Customer, the competent court for the Service Provider's registered office shall have jurisdiction.

 

Newsletter Terms and Conditions

in the Shop Mokait.com.pl

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Newsletter
§ 3 Complaints
§ 4 Personal data
§ 5 Final provisions

§ 1 DEFINITIONS

Consumer – a consumer within the context of the the Act of 23 April 1964 Polish Civil Code.

Newsletter – a free electronic service that enables the Customer to receive, via electronic means, pre-subscribed messages from the Service Provider related to the Shop. This includes information about offers, promotions, and updates in the Shop.

Shop – the online retail platform mokait.com.pl operated by the Seller at mokait.com.pl.

Customer – any entity using the Newsletter service.

Privileged Customer – a Customer who is a Consumer or a natural person who enters into a contract with the Service Provider that is directly related to their business activity but is not of a professional nature for them.

Service Provider – KORNELIA MAGDALENA SZABAT, an entrepreneur conducting business under the name MOKAIT KORNELIA SZABAT. This entity is registered in the Central Registration and Information on Business (CEIDG), conducted by the competent minister for the economy and responsible for the maintaining the Central Registration and Information on Business (CEIDG), NIP 9442217043, REGON no. 365609971, ul. Bukowska 12K/10, 32-050 Skawina, Poland.

§ 2 Newsletter

  1. The Customer can voluntarily subscribe to the Newsletter service.
  2. To use the Newsletter service, a device with an up-to-date web browser that supports JavaScript and cookies, Internet access, and an active e-mail account are required.
  3. E-mails sent as part of this service will be delivered to the e-mail address provided by the Customer when subscribing to the Newsletter.
  4. To conclude the contract and subscribe to the Newsletter service, the Customer must first provide the e-mail address to which they wish to receive the messages sent as part of the Newsletter, in the section provided for this purpose in the Shop. Subscribing to the Newsletter concludes a service contract that is valid indefinitely, and the Service Provider will begin providing the Service to the Customer, subject to paragraph 5.
  5. To ensure the proper functioning of the Newsletter service, the Customer must provide a valid e-mail address.
  6. Newsletter messages will include information on how to unsubscribe and an unsubscribe link.
  7. The Customer has the option to unsubscribe from the Newsletter at any time, without specifying a reason or incurring any charges. This can be done using the method mentioned in paragraph 6 or by sending a message to the Service Provider's e-mail address: shop@mokait.com.pl.
  8. If the Customer uses the unsubscribe link from the Newsletter or sends a request to unsubscribe from the Newsletter, it will result in the immediate termination of the service contract for the Newsletter.

§ 3 Complaints

  1. Complaints related to the Newsletter should be sent to the Service Provider at the e-mail address: shop@mokait.com.pl.
  2. The Service Provider will respond to the complaint within 14 days of its receipt.

OUT-OF-COURT COMPLAINTS AND REDRESS PROCEDURES

  1. If the complaint procedure does not lead to the result expected by the Customer, there are several alternative options available, including:
    1. mediation by the competent Voivodeship Inspectorates of the Trade Inspection, to which the Customer should apply for mediat As a rule, this procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
    2. assistance of the competent Permanent Consumer Arbitration Court operating at the Voivodeship Inspectorates of the Trade Inspection, where the Customer can submit a request for a case to be reviewed by the Arbitration Court. As a rule, this procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
    3. free help from the municipal or poviat Consumer Ombudsman;
    4. utilizing the ODR platform available at: https://uokik.gov.pl/stale_sady_polubowne.phphttps://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 4 Personal data

  1. The administrator of the personal data provided by the Customer when subscribing to the Newsletter is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider, including other purposes and legal grounds for data processing as well as data recipients, can be found in the Privacy Policy available in the Shop. The transparency is in line with the principles contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) - "GDPR".
  2. The purpose of the processing of the Customer's data is to send the Newsletter. The legal basis for the processing of personal data in this case is the service contract or actions taken at the request of the Customer to conclude it (Article 6(1)(b) GDPR), as well as the legitimate interest of the Service Provider, consisting of the processing of data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) GDPR).
  3. Providing data by the Customer is voluntary but necessary for subscribing to the Newsletter. Failure to provide data will prevent the Service Provider from delivering the Newsletter.
  4. The Customer's data will be processed until:
    1. the Customer will unsubscribe from the Newsletter;
    2. the possibility of asserting claims by the Customer or the Service Provider related to the Newsletter ceases;
    3. the Customer's objection to the processing of their personal data is accepted – in case the basis of data processing was the legitimate interest of the Service Provider;

depending on what is applicable in each case and what will happen at the latest.

  1. The Customer is entitled to request:
    1. access to their personal data,
    2. rectification of their data,
    3. deletion of their data,
    4. limitation of data processing,
    5. transfer of data to another controller

as well as the right to:

  1. object at any time to the processing of data on based on Article 6(1)(f) of the GDPR (i.e., on legitimate interests pursued by the Service Provider) for reasons relating to their particular situation.
  1. To exercise their rights, the Customer should contact the Service Provider.
  2. If the Customer believes that their data is being processed unlawfully, the Customer can submit a complaint with the Polish Data Protection Commissioner.

§ 5 Final provisions

  1. The Service Provider is entitled to amend these Terms and Conditions only in the event of good cause. Good cause includes the need to amend the Terms and Conditions due to the modernization of the Newsletter service or a change in legislation affecting the provision of the Service by the Service Provider.
  2. The Customer will receive prior notice of the planned changes to the Terms and Conditions at least 7 days before the changes take effect. This notice will be sent via e-mail to the address provided when subscribing to the Newsletter.
  3. If the Customer does not object to the planned changes by the time they come into effect, the Customer will be considered to have accepted them.
  4. If the Customer does not accept the planned changes, the Customer should notify the Service Provider by sending a message to the Service Provider's e-mail address shop@mokait.com.pl. This will result in the termination of the Account service contract as of the effective date of the planned changes or earlier upon the Customer's request.
  5. The provision of illegal content by the Customer is prohibited.
  6. The Newsletter service contract shall be concluded in the Polish language.
  7. In the event of any dispute with a Customer who is not a Privileged Customer, the competent court for the Service Provider's registered office shall have jurisdiction.

 

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Registration offers several additional advantages:

  • a view of order processing status
  • a preview of purchase history
  • no need to re-enter your details for future purchases
  • the ability to receive discounts and special offers

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Payment methods

Payment methods available to customers of the Mokait.com.pl shop

If the customer chooses to pay by bank transfer or payment card, the order processing time is calculated from the date on which the Seller's bank account or clearing account is credited.

Transfer from abroad to mBank account:

If you wish to make such a transfer, please provide the following details:

  • full 26-digit account number of the recipient of the transfer and "PL" before the account number /IBAN/,
  • company name, 
  • the address of the recipient of the transfer,
  • transfer title,
  • mBank BIC/SWIFT code: BREXPLPWMBK,
  • name and address of the recipient bank: mBank S.A. FORMERLY BRE BANK S.A. (RETAIL BANKING) LODZ, PO Box 2108, 90-959 Łódź 2, Poland
  • SORT CODE/account number: 11402004.

Transfer to bank account:

This is a form of payment for customers who prefer to log on to an online bank by themselves, visit a bank, or post office. Once the ordered goods have been reserved, the customer will receive an email with a bank account number to which the correct amount must be transferred. Once payment is received, the order will be sent to the warehouse in preparation for dispatch.

Cash on delivery

Payment is made in cash to the courier upon delivery of the order.

Online transfer 

Electronic payment method supported by Blue Media:

 

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Returns and complaints

Returns and complaints

Withdrawal from the contract

If you are a Privileged Buyer, which means:

  1. A) a consumer

or

  1. B) a natural person who enters into a contract with the Seller that is directly associated with their business activity, but not of a professional nature for them

as a general rule, you have the right to withdraw from a distance contract.

You can withdraw from the contract by submitting a declaration of withdrawal to us, for example, by e-mail sent to shop@mokait.com.pl.

You may withdraw from the contract within 14 days.

The 14-day withdrawal period shall begin from the moment you or a third party besides the carrier and authorized by you takes possession of the goods. In the case of a contract that involves the transfer of ownership of multiple goods which are delivered separately, in batches, or in parts, the withdrawal period begins from the moment you or a third party besides the carrier and authorized by you takes possession of the last good, batch or part.

To comply with the deadline, you should send a withdrawal statement before its expiry.

Please return the goods to us immediately at the following address: ul. Bukowska 12K/10, 32-050 Skawina, Poland, but not later than within 14 days from the date on which you have withdrawn from the contract.

We will refund any payments you have made to us without delay, in accordance with the Shop's Terms and Conditions, but no later than within 14 days after receiving your declaration of withdrawal.

If we have not offered to collect the goods from you ourselves, we may withhold a refund of any payment received from you until we receive the goods back or you provide proof of return, whichever occurs earlier.

Please note that the right to withdraw from a distance contract shall not apply to contracts:

  • involving customized goods that are not prefabricated and are produced according to your specifications or that are intended to meet your individual requirements;
  • concerning perishable goods or goods with a limited shelf life;
  • relating to goods supplied in sealed packaging that, once opened, cannot be returned due to health or hygiene reasons
  • involving sound or visual recordings or computer programs provided in sealed packaging if the packaging is opened after delivery;

Please refer to our Shop's Terms and Conditions for comprehensive information on withdrawing from a contract.

Complaints

The following terms apply to the Privileged Buyers. If this does not apply to you, please refer to our Terms and Conditions for comprehensive information on how to file a complaint.

If we fail to properly perform the contract concluded with you, you have the right to file a complaint. It's best to do this by emailing us preferably at the e-mail address shop@mokait.com.pl or by post to the following address: ul. Bukowska 12K/10, 32-050 Skawina, Poland.

As a general rule, we are liable for any non-conformity of the goods with the contract at the time of delivery, which is discovered within two years from that date.

According to the Polish Consumer Rights Act, in such a situation you can request:

(a) exchange of goods

or

(b) repair of goods.

In some cases, you may also have the option to:

(a) withdraw from the contract

or

(b) make a declaration of price reduction.

Detailed information about these options can be found in our Terms and Conditions.

 

 

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