
DOCUMENT
Shop regulations
These terms and conditions define the rules for using the moyamatcha.com online store and the conditions for concluding and executing sales contracts.
They apply to all Customers making purchases in the store, including Consumers and Entrepreneurs.
Table of contents
Moya Matcha Online Store Terms & Conditions
https://moyamatcha.com/
Section I
Seller Identification
MOYA EUROPE Sp. z o.o.
ul. Karłowicza 9A,
02-501 Warsaw, PL
Tax ID (NIP): PL7010520584,
Statistical ID (Regon): 363010610,
entered into the National Court Register under number 0000586397,
Contact:
Office / Online Store: +48 792 106 706
Office hours: 8 AM - 4 PM
General E-mail: hello@moyamatcha.com
Section II
Definitions
The terms used in these Terms & Conditions mean:
| Digital Services Act | Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act / DSA). |
| Working days | are days from Monday to Friday, excluding public holidays. |
| Client | an entity purchasing a Product through the Online Store, concluding a Sales Agreement, or using an Electronic Service in accordance with the Terms & Conditions, who has legal capacity to perform a specific action within the Online Store. The Seller reserves that in justified cases, concluding a Sales Agreement through the Online Store will only be possible for persons over 18 years of age and having full legal capacity. |
| Civil Code | Act of 23 April 1964 Civil Code (Journal of Laws 2020, item 1740 as amended). |
| Consumer | a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity. |
| Account | a part of the Online Store allocated to a given Client, through which the Client can perform certain actions within the Online Store. The Client gains access to the Account using a Login and the associated Password. The Client logs into their Account after registering in the Online Store. |
| Cart | An Electronic Service made available to the Client within the Online Store, particularly enabling easy placement of an Order for a selected quantity of Products, presenting a summary of the Price of individual Products and the total Price for all Products, as well as the total value of the Order. |
| Newsletter | An Electronic Service enabling the Client to receive commercial information from the Seller, in particular about Products, the Online Store, including news and current promotions, to the email address provided by the Client, with the Client's explicit consent. |
| Product | a movable item available in the Online Store that is the subject of a Sales Agreement between the Client and the Seller. |
| Entrepreneur | A Client, who is not a Consumer, who concludes a Sales Agreement or a Service Provision Agreement / or another agreement with the Seller for a purpose directly or indirectly related to their business or professional activity. |
| Terms & Conditions | this document. |
| Seller | MOYA EUROPE Sp. z o.o., ul. Karłowicza 9A 02-501 Warsaw, NIP: PL7010520584, Regon: 363010610, entered into the National Court Register under number 0000586397, Email: hello@moyamatcha.com. |
| Sales Agreement | a product sales agreement concluded or to be concluded between the Client and the Seller through the Online Store. |
| Services | services provided by the Seller to Clients electronically in accordance with the provisions of the Act of 18 July 2002 on the provision of electronic services. |
| Digital service | a service that allows the Consumer to: create, process, store or access data in digital form; share data in digital form that has been uploaded or created by the Consumer or other users of that service; other forms of interaction using data. |
| Consumer Rights Act | Act of 30 May 2014 on consumer rights (Journal of Laws 2020, item 287, as amended). |
| Digital content | data produced and delivered in digital form. |
| Order | a declaration of the Client's will expressing a direct intention to conclude a distance Sales Agreement using means of distance communication, specifying the Product for which the Client makes an offer to conclude a Sales Agreement, and the Client's data necessary for the possible conclusion and execution of the Sales Agreement. |
Section III
General Provisions
- These Terms & Conditions define the general terms, method of providing services electronically, and sales conducted through the Online Store https://moyamatcha.com/.
- These Terms & Conditions are continuously available on the website https://moyamatcha.com/ in a way that allows for their acquisition, reproduction, and retention by printing or saving to a data carrier at any time.
- The condition for starting to use the Store is to read these Terms & Conditions and fully accept them.
- All terms are calculated in accordance with Article 111 of the Civil Code, meaning a term specified in days ends at the end of the last day, and if the beginning of a term specified in days is a certain event, the day on which that event occurred is not included in the calculation of the term.
- Using the Online Store is possible provided that the ICT system used by the Client meets the minimum technical requirements.
- The Seller informs that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized persons acquiring and modifying Clients' data, which is why Clients should use appropriate technical measures to minimize the aforementioned threats, e.g., antivirus software.
- Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
- (1) computer, laptop, or other multimedia device with Internet access;
- (2) access to email;
- (3) an up-to-date web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge;
- (4) recommended minimum screen resolution: 1024×768;
- (5) enabling cookies and Javascript in the web browser.
- It is forbidden for the Client to provide unlawful content. The Seller's contact point for direct communication for the purposes of the Digital Services Act (DSA) is: email address: hello@moyamatcha.com. Communication can take place in Polish.
- The Client is obliged to:
- provide only true, current, and all necessary data during registration and ordering within the Online Store, as well as update them immediately.
- 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;
- use the services provided by the Seller in a way consistent with legal provisions and the provisions of the Terms & Conditions.
- not provide unlawful content.
Section IV
Services Provided Electronically
- Services are provided by the Seller free of charge, 24 hours a day, 7 days a week.
- The Service Provider provides the following Electronic Services to Clients through the Online Store:
- User Account.
- Shopping Cart.
- Newsletter.
- Placing orders and concluding Sales Agreements, on the terms specified in these Terms & Conditions.
- Product availability notification.
- Product set builder.
- User Account. Creating an account in the Store involves filling out and submitting a registration form using the automatic mechanism of the Store. Upon submission of the registration form, an agreement for maintaining an account in the Store is concluded between the Client and the Seller.
- The Electronic Account Service is provided free of charge for an indefinite period. The Client has the option, at any time and without giving a reason, to delete the Account (cancel the Account) by sending a relevant request to the Seller, in particular via email to: hello@moyamatcha.com.
- The Seller may refuse to register an Account if the Client violates the provisions of Section III. Item 9 of the Terms & Conditions.
- The Shopping Cart is an electronic service that begins when the Client adds the first Product to the Cart. The Cart is a one-time service, is provided free of charge, and ends when the Client places or ceases to place an Order. Depending on the available functionalities, the Cart may remember information about the Products selected by the Client even after the browser session ends, but it does not guarantee product availability.
- The agreement for the provision of the Electronic Service consisting in enabling the placement of an Order in the Store is concluded for a definite period and is terminated when the Order is placed or when the Client ceases to place it.
- You can subscribe to the Newsletter by checking the appropriate checkbox during account creation. Upon account creation, the Client is subscribed to the Newsletter. The Electronic Newsletter Service is provided free of charge for an indefinite period. The Client has the option, at any time and without giving a reason, to unsubscribe from the Newsletter by checking the appropriate checkbox after logging into the account.
- To receive a notification about product re-availability, use the product notification functionality. The Seller will provide this information immediately by sending an email when the product becomes available again on the Store's website.
- Set Creator. The functionality allows the client to select all elements of a product set.
- The Seller has the right to organize occasional contests and promotions, the terms of which will be provided on the Store's websites each time. Promotions in the Online Store are not cumulative, unless the terms of the specific promotion state otherwise.
- The Client may terminate the Service Provision Agreement at any time. A statement of termination of the Service Provision Agreement by the Client may be submitted, in particular, by sending its content, e.g., via email to: hello@moyamatcha.com.
- The Seller may terminate the Service Provision Agreement for the following important reasons:
- a) the manner of using the Electronic Services is inconsistent with the terms and conditions and the rules and purpose of the Online Store;
- b) the Client's activity is contrary to applicable moral standards, incites violence or the commission of a crime, or infringes the rights of third parties;
- c) the Client provides unlawful content or violates the provisions of Section III, point 9 of the Terms & Conditions;
- The statement of termination of the Service Provision Agreement by the Seller will be sent to the email address provided by the Client.
- The notice period for termination of the Service Provision Agreement for each party is 14 days. Termination of the Service Provision Agreement by either party is equivalent to deleting the Account.
- Complaints related to the provision of Electronic Services by the Seller may be submitted by the Client to: via email to: hello@moyamatcha.com.
Section V
Orders / Sales Agreement
- All Products available in the Online Store are brand new, free from physical and legal defects.
- The Seller allows placing orders through the online store 24/7.
- To place an order through the Store, the Client must take the following steps:
- select the product that is the subject of the order by clicking the "Add to cart" button - selecting a product may also require selecting a product variant.
- go to the cart view,
- review the contents of the cart, enter a discount coupon (if the Client has one), and click the "Proceed to checkout" button,
- fill in the order form, providing the data necessary to fulfill the order,
- select the payment method for the order (bank transfer, PayU, PayPal, Stripe, cash on delivery),
- select the delivery method for the order (Courier, Parcel Lockers),
- read and accept the provisions of the Terms & Conditions,
- click the "Buy and pay" button.
- If the Client selected PayU/PayPal/Stripe payment, after clicking the "Buy and pay" button, the Client will be redirected to the transaction page of the PayU, PayPal, Stripe service to make payment for the order. After making the payment, the Client will be redirected back to the Store's page with confirmation of the order placement.
- If the Client selected bank transfer payment or cash on delivery, after clicking the "Buy and pay" button, a page with order confirmation will be displayed.
- The Client sends the Order to the Seller using the functionality provided for this purpose in the Online Store, which expresses the obligation to pay. For a Client who does not have an Account, acceptance of the Terms & Conditions is required.
- In the case of placing an Order using the Order form available on the Online Store's website, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a Sales Agreement for the Products that are the subject of the Order. An offer made in electronic form is binding on the Client if the Seller sends confirmation of the 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.
- In the order form, the Client must provide true personal data. The Client is responsible for providing false personal data. The Seller reserves the right to suspend the order fulfillment if the Client has provided false data or if these data raise reasonable doubts for the Seller as to their correctness. In such a case, the Client will be informed by phone or email about the Seller's doubts. In such a situation, the Client has the right to clarify all circumstances related to the verification of the truthfulness of the data provided. In the absence of data allowing the Seller to contact the Client, the Seller will provide all explanations after the Client contacts them.
- The recording, securing, and making available to the Client the content of the concluded Sales Agreement occurs through (1) making these Terms & Conditions available on the Online Store's website and (2) sending the Client the email referred to in point 7. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
- The sales agreement is concluded in Polish.
- The order fulfillment period usually does not exceed 4 working days (on Mondays - Fridays, excluding Saturdays, Sundays, and public holidays), unless the Seller has agreed with the Buyer on a different convenient delivery date for the Buyer. The Seller makes every effort to deliver the goods to the Buyer immediately, within a maximum of 14 days. Orders for currently unavailable items may be an exception. In such a case, before confirming the acceptance of the Order for fulfillment, the Store will immediately inform the Buyer about the estimated delivery date and determine whether the Buyer maintains their order.
- In the event of inability to perform the service and in other situations specified by law, relevant provisions of the Civil Code may apply, in particular regarding the obligation to immediately return the service to the Consumer.
Section VI
Prices and Payments
- The Product price displayed on the Online Store website is given in Polish zlotys and includes taxes. The Client is informed of the total price, including taxes, of the Product subject to the Order, as well as delivery costs (including transport, delivery, and postal fees) and other costs, or, if the amount of these fees cannot be determined, of the obligation to pay them, on the Online Store pages during the ordering process, including at the moment the Client expresses their wish to be bound by the Sales Agreement.
- The Seller offers the following payment methods for orders:
- traditional bank transfer to the Seller's bank account,
- PayU electronic payment,
- PayPal electronic payment,
- Stripe electronic payment,
- cash on delivery (only for orders delivered within Poland).
- Transactions paid by electronic payments and payment cards are processed, according to the Client's choice, through:
- PayPal – PayPal electronic payment system operated by PayPal (Europe) S.à r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349)
- PayU – PayU electronic payment system operated by PayU Spółka Akcyjna with its registered office in Poznań, at ul. Grunwaldzka 182, entered into the register of entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number 0000274399, NIP number 7792308495, REGON 300523444, share capital PLN 4,944,000, paid-up capital PLN 4,944,000, being a payment service provider within the meaning of the Act of August 19, 2011, on payment services.
- Stripe – Stripe Payments Europe, Ltd., a 1 Grand Canal Street Lower, Grand Canal Dock, Dublin.
- If the Client chooses cash on delivery payment upon receipt of the parcel, the Client is obliged to make payment upon receipt of the parcel.
- The Client will be informed directly before making the payment about the amount to be paid, the possible methods of payment, and the details of the payment operator, if such an option is available for the given service. The detailed regulations for making payments via electronic payment operators are available on the respective operator's website.
- When making payment through an electronic payment operator, the Client should follow the instructions provided by the electronic payment operator to complete the payment.
- A receipt or VAT invoice is attached to each item purchased in the Store if the Buyer expresses such a wish in the order notes.
- The Client simultaneously authorizes the Seller to issue a VAT invoice without the recipient's signature in electronic form (or another document confirming the sale in electronic form).
Section VII
Delivery
- Orders are delivered in the manner chosen by the Client when placing the order, provided that the Client can choose one of the following delivery methods (Inpost, Fedex, UPS):
Within Poland:
- via courier company.
- via parcel lockers.
- personal collection: Moya Matcha Oleandrów, Matcha Bar and Shop,
ul. Oleandrów 6, 00-629 Warsaw
Outside Poland:
- via courier company.
- The Seller cooperates with recognized courier companies (Inpost, Fedex, UPS).
- Delivery cost is calculated at the order placement stage, presented to the Client, and added to the order amount. The Client bears the delivery cost.
- Delivery of the Product to the Client is paid, unless the Sales Agreement states otherwise. The costs of Product delivery (including transport, delivery, and postal fees) are indicated to the Client on the Online Store website in the information tab regarding delivery costs and during the ordering process, including at the moment the Client expresses their wish to be bound by the Sales Agreement.
- The total waiting period for the Client to receive the Product (delivery period) consists of the time for the Seller to prepare the Order for shipment and the time for the carrier to deliver the Product.
- The delivery and order fulfillment period is counted in Working Days.
- The Seller informs the Client on the Store's website in the Product description about the number of working days required to fulfill the Order and deliver it, as well as the amount of fees for Product delivery.
- If the ordered Products have different delivery times, the longest period applies to the entire Order.
- The risk of accidental loss or damage to the goods passes to the Consumer at the moment of their delivery to the Consumer.
- It is recommended that the Consumer check the condition of the products as soon as possible after delivery. In case of defects, the Consumer is advised to contact the Seller via email: hello@moyamatcha.com.
Section VIII
Right of withdrawal from the Agreement
- Subject to paragraph 16 below, a Consumer who has concluded a distance contract may withdraw from it without giving any reason and without incurring any costs other than those provided for by law, within 14 days from the date referred to in paragraph 7 of these Regulations.
- To meet the deadline, it is sufficient for the Consumer to submit a statement to the Seller before its expiry. The Consumer may submit any unambiguous statement informing of their withdrawal from the Sales Agreement.
- To exercise the right of withdrawal, you must send an unambiguous statement of withdrawal from the contract:
a) via e-mail: hello@moyamatcha.com.
b) in writing to the address: ul. Kabaretowa 21C 01-942 Warszawa.
The Consumer may formulate the statement independently or use the model withdrawal form available on the store's website.
- Furthermore, the Consumer may also submit a statement of withdrawal from the Sales Agreement to the Seller using the "withdraw from the contract here" function (in accordance with Directive (EU) 2023/2673 of the European Parliament and of the Council), i.e., via an online form available on the website https://formularz.moya.ideaerp.pl/ or from the user's account. Simply provide an email address and order number or go to the specific order in the user's account to make a return.
- In the event of submitting the statement referred to in paragraph 4 and sending it in accordance with its provisions, the Seller will immediately confirm on a durable medium (electronic correspondence, to the email address provided in the Form) receipt of the Client's statement of withdrawal from the Product Sales Agreement concluded in the Online Store.
- In the event of withdrawal from a distance contract, the contract is considered null and void.
- In a situation where the Consumer chooses the electronic form of withdrawal from the Sales Agreement, the Seller is obliged to send the Consumer confirmation of receipt of the statement of withdrawal from the distance contract.
- The period for withdrawing from the Sales Agreement begins on the day the Consumer or a third party indicated by them other than the carrier takes possession of the Product, and in the case of a Sales Agreement which:
- a) covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or
- b) involves regular delivery of Products for a specified period – from taking possession of the first Product.
- The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the contract, reimburse the Consumer for all payments made by them, including the costs of Product delivery (except for additional costs resulting from the delivery method chosen by the Client other than the cheapest standard delivery method available in the Online Store). In case of a partial return, a partial amount of the order is refunded.
- If the Consumer chose a Product delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the Consumer for additional costs incurred by them exceeding the cost of the cheapest standard delivery method.
- The Seller shall reimburse the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to another method of reimbursement that does not involve any costs for them. If the Seller has not offered to collect the Product from the Consumer themselves, they may withhold reimbursement of payments received from the Consumer until they receive the Product back or until the Consumer provides proof of its return, whichever occurs first.
- The Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to receive it immediately, no later than 14 calendar days from the day on which they withdrew from the contract, unless the Seller offered to collect the Product themselves.
- Products should be sent back to the address: ul. Kabaretowa 21C, 01-942 Warszawa, PL.
- The consumer bears the cost of return shipping, unless the store explicitly states otherwise.
- The product should be returned in an undamaged condition, in its original packaging (if possible) and complete.
- The Consumer is liable for any diminished value of the Product resulting from the use of the Product in a manner exceeding what is necessary to establish the nature, characteristics and functioning of the Product.
- The provisions concerning the consumer specified in this chapter apply to contracts concluded from that day also to Clients who are natural persons entering into a contract directly related to their business activity, when it results from the content of these contracts that they do not have a professional character for them. To determine whether such a client has consumer rights in specific circumstances, it is necessary to verify whether the concluded contract has a professional character based on the entry of this entrepreneur in the Central Registration and Information on Business Activity of the Republic of Poland.
- EXCLUSIONS FROM THE RIGHT OF WITHDRAWAL - The right of withdrawal from a distance contract does not apply to the Consumer in relation to contracts: a) in which the subject of the performance is a non-prefabricated Product, manufactured according to the consumer's specifications or intended to satisfy their individualized needs; (b) in which the subject of the performance is a Product liable to deteriorate rapidly or having a short shelf life; (c) in which the subject of the performance is a Product delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the package has been opened after delivery;
Section IX
Complaint procedure
- The Seller provides consumers with harmonized information regarding the legal obligation to ensure the conformity of goods with the contract in accordance with Directive (EU) 2024/825 of the European Parliament and of the Council https://europa.eu/youreurope/citizens/consumers/shopping/guarantees/index_pl.htm, as well as detailed technical requirements specified in Commission Implementing Regulation (EU) 2025/1960 on the content of harmonized information on the need to ensure conformity with the contract and harmonized labeling on the need to comply with durability principles.
- With regard to sales contracts, the provisions specified in the Consumer Rights Act (Chapter 5A) apply.
- A complaint may be submitted, for example:
- via e-mail: hello@moyamatcha.com.
- in writing to the address: ul. Kabaretowa 21C 01-942 Warszawa.
- The Seller will respond to the complaint within 14 days of its receipt. If the Seller does not respond within this period, the complaint is deemed accepted.
- The product is in conformity with the contract if its: description, type, quantity, quality, completeness and functionality, and, in the case of products with digital elements, also compatibility, interoperability and availability of updates, as well as suitability for a particular purpose for which the consumer needs it, about which the consumer notified the Seller at the latest at the time of concluding the contract and which the Seller accepted, remain in conformity with the contract.
- Furthermore, for a product to be considered in conformity with the contract, it must: be fit for the purposes for which products of that kind are normally used, taking into account applicable laws, technical standards or good practices, be of such quantity and have such features, including durability and safety, and, in the case of products with digital elements, also functionality and compatibility, as are typical for products of that kind and which the consumer can reasonably expect, taking into account the nature of the product and any public statement made by the entrepreneur, their legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the entrepreneur proves that:
- they were not aware of the public statement in question and could not reasonably have been aware of it,
- the public statement was rectified before the conclusion of the contract, with conditions and in a form in which the public statement was made, or in a comparable manner,
- the public statement did not influence the consumer's decision to conclude the contract.
- For a product to be considered in conformity with the contract, it must also be supplied with packaging, accessories and instructions that the consumer can reasonably expect, and be of the same quality as the sample or model that the entrepreneur made available to the consumer before concluding the contract, and correspond to the description of such a sample or model.
- The Seller is not liable for any lack of conformity of the product with the contract as referred to above, if the consumer, at the latest at the time of concluding the contract, was expressly informed that a specific feature of the goods deviates from the conformity requirements specified in paragraphs 5 and 6 above, and expressly and separately accepted the lack of that specific feature of the product.
- If the product is not in conformity with the contract, the consumer may demand its repair or replacement. The Seller shall repair or replace the product within a reasonable time from the moment they are informed by the consumer of the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account the specifics of the product and the purpose for which the consumer acquired it. The costs of repair or replacement, including in particular the costs of postal fees, transport, labor, and materials, shall be borne by the Seller.
- The Consumer shall make the product subject to repair or replacement available to the Seller. The entrepreneur shall collect the goods from the consumer at their own expense. The consumer is not obliged to pay for normal use of the goods that were subsequently replaced.
- If the product is not in conformity with the contract, the consumer may submit a statement of price reduction or withdrawal from the contract when:
- the seller refused to bring the product into conformity with the contract in accordance with Article 43d paragraph 2 of the Consumer Rights Act;
- the seller failed to bring the product into conformity with the contract in accordance with Article 43d paragraphs 4–6 of the Consumer Rights Act;
- the lack of conformity of the product with the contract persists, even though the seller attempted to bring the product into conformity with the contract;
- the lack of conformity of the product with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior recourse to the remedies specified in Article 43d of the Consumer Rights Act;
- it is clear from the entrepreneur's statement or circumstances that they will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
- The reduced price must remain in such proportion to the price resulting from the contract as the value of the product not in conformity with the contract bears to the value of the product in conformity with the contract.
- The Seller shall reimburse the consumer the amounts due as a result of exercising the right to a price reduction immediately, no later than within 14 days from the date of receipt of the consumer's statement of price reduction.
- In the event of withdrawal from the contract, the consumer shall immediately return the product to the Seller at the Seller's expense. The Seller shall reimburse the consumer the price immediately, no later than within 14 days from the date of receipt of the product or proof of its return.
- The consumer may not withdraw from the contract if the lack of conformity of the product with the contract is insignificant. It is presumed that the lack of conformity of the product with the contract is significant.
- The Seller is liable for any lack of conformity of the product with the contract existing at the time of its delivery and revealed within two years from that moment, unless the product's shelf life, specified by the entrepreneur, their legal predecessors or persons acting on their behalf, is longer.
- It is presumed that a lack of conformity of the product with the contract, which manifested itself before the expiry of two years from the time of delivery of the product, existed at the time of its delivery, unless proven otherwise or if this presumption cannot be reconciled with the specifics of the product or the nature of the lack of conformity of the product with the contract.
- The Seller complies with the provisions of Chapter 5B of the Consumer Rights Act regarding contracts for the supply of digital content or a digital service.
- The consumer provisions specified in this chapter shall also apply to agreements concluded from this date with Customers who are natural persons concluding an agreement directly related to their business activity, when the content of such agreements indicates that they are not of a professional nature for them. To determine whether such a customer has consumer rights in specific circumstances, it is necessary to verify whether the concluded agreement is of a professional nature based on the entry of that entrepreneur in the Central Register and Information on Business Activity of the Republic of Poland.
Section X
Out-of-court complaint handling and claim enforcement methods
- The Seller informs about the possibility of using out-of-court methods for handling complaints and enforcing claims. Their use is voluntary and can only take place if both parties to the dispute agree to it.
- Detailed information regarding the resolution of consumer disputes, including the Consumer's ability to use out-of-court methods of complaint handling, claim enforcement, and rules for accessing these procedures, are available at the offices and on the websites of municipal (city) consumer ombudsmen, provincial inspectorates of the Trade Inspection, and at the internet address: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
- A Customer who is a Consumer has the right to the following exemplary possibilities of using out-of-court methods of complaint handling and claim enforcement: (1) an application for dispute resolution to a permanent consumer arbitration court; (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection.
- In case of a consumer problem, useful advice can be found on the Your Europe website https://europa.eu/youreurope/citizens/consumers/.
Section XI
Loyalty program
- As part of the online store, the Seller offers its customers a Loyalty Program. The Program is available to customers of the www.moyamatcha.com online store who make regular purchases in the store and are registered in the Program. The Program aims to reward loyal customers by collecting points (also known as "leaves") that can be exchanged for discounts on subsequent purchases.
- After placing an order, points are automatically credited to the customer, regardless of whether they have a user account or are logged in. The customer also receives emails containing information about the number of points awarded for a given order and a reminder about an expiring discount code. The customer is automatically assigned to the loyalty program.
- The Customer is obliged to register a user account using the same email address provided when placing the order in order to use the said program.
- The details of the loyalty program are set out in a separate set of terms and conditions. https://moyamatcha.com/regulamin-programu-lojalnosciowego-moya-matcha-club/
Section XII
Force majeure clause
- Neither party shall be liable for any failure to perform any of its obligations if such failure is caused by an unforeseeable event beyond its control or a force majeure incident, including but not limited to war, 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 14 calendar days after the occurrence of the said event.
- The parties agree that they will jointly strive to fulfill the obligation as best as possible while such events persist.
- This clause does not in any way limit consumer rights.
Section XIII
Provisions concerning Entrepreneurs
- The provisions of point XIII of the Regulations apply only to Entrepreneurs and take precedence over other provisions of the Regulations. The provisions of point XIII of the Regulations do not apply to Entrepreneurs who are natural persons conducting business activity, concluding an agreement directly related to their business activity with the Seller, when the content of this agreement indicates that it is not of a professional nature for them, resulting in particular from the subject of their business activity (PKD), determined on the basis of the provisions on the Central Register and Information on Business Activity. Entrepreneurs referred to in the preceding sentence are entitled, in particular, to withdraw from the agreement on the terms provided for Consumers in point VIII of the Regulations.
- The Seller has the right to withdraw from Sales Agreements concluded with an Entrepreneur within 14 days from the date of concluding the given agreement. Such withdrawal may occur without stating a reason, and the Entrepreneur cannot derive any claims against the Seller on this account.
- The Seller has the right to limit the payment methods available to Entrepreneurs, including requiring prepayment of the Price in whole or in part. This right is independent of the payment method chosen by the Entrepreneur.
- At the moment the Seller delivers the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Entrepreneur. The Seller is not liable for loss, shortage, or damage to the Product arising from its acceptance for transport until its delivery to the Entrepreneur, nor for delays in the transport of the shipment.
- The Seller's liability under warranty for the Product to Customers who are not Consumers is excluded. The Seller is not liable to Customers who are not Consumers for the Product's non-conformity with the Sales Agreement, as referred to in point IX of these Regulations.
- The Seller may terminate the Service Provision Agreement concluded with an Entrepreneur with immediate effect and without stating reasons by sending the Entrepreneur a relevant statement in any form.
- The Seller shall not be liable to the Entrepreneur for any damages, including lost profits, including those arising from tort (unless otherwise provided by mandatory legal provisions), unless the damage was caused by their willful misconduct. If the Seller's liability is established, this liability towards the Entrepreneur, regardless of its legal basis, is limited to the amount of the paid Price and delivery costs under the last Sales Agreement – both within a single claim and for all claims in total.
- The fact that the action or omission from which the damage resulted constituted non-performance or improper performance of an obligation excludes the Entrepreneur's claims for compensation for damage arising from tort.
- Any disputes arising between the Seller and the Entrepreneur shall be submitted for resolution to the court having jurisdiction over the Seller's registered office.
- The Seller, based on universally applicable legal provisions, may at any time change the provisions of the Regulations relating to Entrepreneurs.
Section XIV
Personal data protection
- The personal data provided by Customers is collected and processed by the Seller in accordance with applicable law and the Privacy Policy.
- The Seller applies appropriate technical and organizational measures to ensure the protection of processed personal data.
- Additional explanations regarding personal data protection are contained in the "Privacy and cookies policy" tab available on the Website.
Section XV
Amendments to the Regulations
- The Seller has the right to amend the Regulations (with the exception of point XIII. of the Regulations, which concerns Entrepreneurs and may be amended at any time on the basis of universally applicable legal provisions) if at least one of the following important reasons occurs (closed catalog):
- a) a change in legal provisions governing the sale of Products or the provision of electronic services by the Seller affecting the mutual rights and obligations specified in the agreement concluded between the Customer and the Seller, or a change in the interpretation of the above legal provisions as a result of court rulings, decisions, recommendations, or guidelines of relevant offices or bodies;
- b) a change in the manner of providing services caused solely by technical or technological reasons;
- c) a change in the scope or manner of providing services to which the provisions of the Regulations apply, by introducing new, modifying, or withdrawing existing functionalities or services covered by the Regulations by the Seller;
- d) a change in the scope or manner of providing services by entities cooperating with the Seller by introducing new, modifying, or withdrawing existing functionalities or services by these entities, affecting the mutual rights and obligations between the Customer and the Seller.
- In the event of changes to the Regulations, the Seller will make available the consolidated text of the Regulations by publishing it on the Online Store's website, as well as by means of a message sent to the e-mail address provided by the Customer when concluding the Service Provision Agreement, which the Parties acknowledge as introducing information about the change to an electronic communication medium in such a way that the Customer can familiarize themselves with its content.
- The amendment to the Regulations enters into force after 14 days from the date of sending the information about the amendment. In the case of Customers who have concluded a Service Provision Agreement, they have the right to terminate the Service Provision Agreement within 14 days from the date of being notified of the amendment to the Regulations. The amendment to the Regulations remains irrelevant to Sales Agreements concluded by the Customer and the Seller before the amendment to the Regulations.
