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TERMS AND CONDITIONS

Terms & Conditions

For the online shop MOYA

https://moyamatcha.com

MOYA

The owner/ seller:

MOYA EUROPE Sp. z o.o.

ul. Karłowicza 9A,

02-501 Warsaw, Poland

Vat number: PL7010520584,

Regon: 363010610,

KRS: 0000586397

Office/ Online shop: +48 792 106 706

E-mail general: hello@moyamatcha.com

  1. Definitions
  1. The terms used in these Terms and Conditions shall have the following meaning:
  2. Account – a section of the Online Shop ascribed to the Customer that he can use to perform specific actions in the Online Shop.
  3. Business Days – these shall be the days from Monday to Friday, excluding public holidays.
  4. Civil Code – the Act of 23 April 1964.
  5. Consumer Rights Act – the Act of 30 May 2014 on consumer rights.
  6. Customer – an entity purchasing a Product through the Online Shop, concluding a Sales Agreement, or using an Electronic Service in accordance with the Terms and Conditions, which has the capacity to perform legal transactions to the extent enabling effective performance of a specific action within the Online Shop. The Seller stipulates that in justified cases, concluding the Sales Agreement via the Online Shop will be possible only by persons over 18 years of age and having full legal capacity.
  7. Consumer – a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity.
  8. Digital content – data produced and delivered in digital form.
  9. Digital service – a service that allows the Consumer to: -generate, process, store or access data in digital form; -sharing digital data that has been uploaded or generated by the Consumer or other users of this service; – Other forms of interaction with data.
  10. Newsletter service – the Seller’s commercial information in the form of messages sent to the Customer’s electronic mail address.
  11. Order – a declaration of will of the Customer expressing the direct will to conclude a Distance Sales Agreement submitted by means of distance communication, specifying the Product for which the Customer submits an offer to conclude a Sales Agreement and the Customer’s data necessary for the possible conclusion and performance of the Sales Agreement.
  12. Product – a movable item available in the Online Shop that is the subject of the Sale Agreement between the Customer and the Seller being paid by the Price.
  13. Sales Agreement – a sales agreement of Products concluded between the Seller and the Customer.
  14. Seller – MOYA EUROPE Sp. z o.o., ul. Karłowicza 9A,02-501 Warsaw, Poland, Vat number: PL7010520584, Regon: 363010610, KRS: 0000586397, E-mail general: hello@moyamatcha.com.
  15. Shopping Cart – an Electronic Service made available to the Customer as part of the Online Shop, enabling easy placing of an Order for a selected number 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.
  16. Services – the services rendered electronically by the Seller for the benefit of Customers within the meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002.
  17. Terms and Conditions – this document.
  1. General provisions
  1. These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop https://moyamatcha.com/. The Shop is operated by the Seller.
  2. These Terms and Conditions are always available at the website https://moyamatcha.com/ which allows us to download, display, and record their contents by printing or saving them to a data carrier at any time.
  3. The Online Shop can only be used by those who have read and fully accepted these terms and conditions for the online shop. 
  4. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Edge, Opera, enabling cookies and JavaScript in the web browser.
  5. Recommended technical requirements for cooperation with the ICT system include: a computer with internet access, to electronic mail, a web browser: Internet Explorer version 11 or newer, Mozilla Firefox version 93 or newer, Edge version 94 or newer, Google Chrome version 94 or newer, Safari version 14 or newer with JavaScript and cookies enabled. The recommended monitor resolution is 1280 × 720 pixels.
  1. The Seller informs that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, e.g.  Antivirus.
  2. It is forbidden for the Customer to provide illegal content. The Seller’s point of contact for direct communication for the purposes of 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) is: e-mail address hello@moyamatcha.com.  Communication can be conducted in Polish/English.
  3. The Customer is obliged to:

a)         provide in the Order and in the registration forms, only true, up-to-date and all necessary data of the Customer and promptly update the data.

b)         use the services made available by the Seller in a way that it does not interfere with the functioning of the Seller, the Online Shop and other Customer.

c)         use the services made available by the Seller in a manner consistent with the applicable laws, and provisions of the Terms and Conditions.

  1. Electronic services in the online shop
  1. The Services are rendered by the Seller free of charge, 24 hours a day, 7 days a week.
  2. The Seller provides the following Electronic Services:
  3. Account.
  4. Newsletter.
  5. Shopping Cart.
  6. Notification about when product is available.
  7. Product Kit Creator.
  8. Using the Account is possible after completing jointly and severally the following steps by the Customer:

– Completing the registration form and accepting the provisions of these Regulations,

– Clicking on the “Register” box.

  1. Following the registration of the Customer Account, a customer can log in to the Online Shop, indicating the email address and password provided at the registration.
  2. The Agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account”.
  3. The Seller may refuse to register an Account if the Client violates the provisions of Section II.9 of the Terms and Conditions.
  1. The Newsletter service, provided at the request of the Customer after the conclusion of the Agreement, includes receiving by the Customers who have provided the Service Provider with their e-mail address, by electronic means commercial information regarding the products and services of the Service Provider, including information about their current offer, promotions, discounts, and marketing campaigns,
  2. The Agreement for the provision of the Newsletter service shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.
  3. The Shopping Cart is an electronic service that begins when the Customer adds the first Product to the Cart. The Shopping cart is a one-time use, is provided free of charge and is terminated when the Customer places or ceases to place an Order. Depending on the available functionalities, the Shopping Cart may remember information about the Products selected by the Customer also after the end of the browser session but does not ensure the availability of products.
  4. The Agreement for the provision of service which involves enabling Customers to place orders in the Online Shop shall be concluded for a definite period and shall be terminated when the Order is placed through it or when the Client earlier terminates placing the Order through it.
  5. To be notified when a Product is back in stock, please use the Product Notification functionality. The Seller will provide this information immediately by sending an e-mail when the Product is available again on the Store’s website.
  6. Product Kit Creator. This function allows customers to choose all the components of a product kit.
  7. The Seller has the right to organize occasional competitions and promotions, the terms and conditions of which will be announced on the Store’s website. Promotions in the Online Shop cannot be combined, unless the Terms and Conditions of a given promotion provide otherwise.
  1. The Customer may submit complaints relating to the provision of the electronic service via the Online Shop by sending an e-mail to: hello@moyamatcha.com. The Seller will consider the complaint immediately, no later than within 14 days counted from the day the complaint was submitted.
  2. The Customer may terminate with immediate effect the perpetual service for the provision of continuous electronic services at any time and without indicating reasons by sending an appropriate statement by e-mail to the following address: hello@moyamatcha.com.  The Seller may terminate the Service Agreement for the following important reasons:

a) the manner of using the Electronic Services is contrary to the terms and conditions and the principles and purpose of the Online Shop.

b) the Customer’s activity is contrary to the applicable moral norms, incites violence or committing a crime, as well as if it violates the rights of third parties.

c) the Customer provides illegal content or violates the provisions of section II, section 9 of the Terms and Conditions.

  1. The declaration of termination of the Service Agreement submitted by the Seller will be sent to the e-mail address provided by the Customer.
  2. The notice period for terminating the Service Agreement for each party is 14 days. Termination of the Service Agreement by either party is tantamount to deletion of the Account.
  3. Either party withdrawing from the Service Agreement, or the Agreement being terminated by mutual consent, does not have an impact on the rights acquired by the parties before withdrawing from or terminating the agreement.
  1. Orders / Sales Agreement
  1. Product information presented on the Online Shop website does not constitute an offer within the meaning of the Civil Code; it constitutes an invitation to conclude a sales contract within the meaning of Article 71 of the Civil Code, unless mandatory regulations in the consumer’s country of origin provide otherwise, pursuant to Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ. EU. L. of 2008. No. 177, p. 6 as amended).
  1. The core business of the Shop is retail and wholesale of organic matcha green tea and accessories over the Internet.
  2. The Seller enables the Customer to place an Order through the Online Shop, 24/7 through the website https://moyamatcha.com/.
  3. Orders can be placed by Internet users, who have correctly filled in the registration form. Orders can be placed also without registration form. A user who does not have an Account must independently fill out the Order Form in the scope of his/her details necessary to conclude and execute the Sales Agreement.
  4. As part of placing an order, the Customer provides his/her personal data marked in the order form as obligatory and consents, by marking the appropriate box, to the processing of the Customer’s data provided while placing the order to perform at the Online Shop. Providing the personal data marked obligatory is voluntary yet is necessary for placing the order. Providing personal data not marked as obligatory is voluntary and unnecessary for placing the order. A lack of due diligence while filling in the form may cause the Customer being obligated to cover additional expenses such as: compensation, costs of improper postage, costs of resending the order to the right address, or any other rightful costs incurred by the Online Shop to complete the Order.
  5. The order form should include the Customer’s name, surname and postal address, phone number and email address.
  1. Prices and methods of payment
  1. The prices are provided in EUR and include VAT (Value added Taxes).
  2. The Customer may choose the following payment methods:
  3. Bank transfer.
  4. electronic payment with credit or debit card via the PAYPAL platform, conducted by the company PayPal (Europe) S.à r.l. & Cie, S.C.A with its registered office under the address: L-1150, Luksemburg (www.paypal.com)
  5. electronic payment with credit or debit card via the PayU platform, conducted by the company PayU S.A. with its registered office under the address: 60-166 Poznan, Grunwaldzka 182, TAX ID: 7792308495. (www.payu.com)
  6. electronic payment with credit or debit card via Stripe (Stripe Payments Europe, Ltd., a company incorporated in Ireland and with offices at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin).
  7. When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
  8. When making a payment via an electronic payment operator, the User should follow the instructions given by the operator of electronic payments to make a payment.
  9. The customer agrees that the purchase documents (invoice / receipt) for the order will be sent electronically.
  1. Delivery of the products
  1. Delivery of the Products is performed to the address indicated by the Customer when placing the Order. Details in our section Delivery https://moyamatcha.com/en/delivery-methods/ (EU countries or selected countries in the world).
  2. Delivery of the Products is carried out by parcel delivery company.
  3. On the Shop websites, in the description of the Product, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges. Details in section Delivery.
  4. The deadline for delivery and processing of the Order shall be calculated per Business Days.
  5. The total waiting time for the Customer to receive the Product (delivery date) includes the time of preparing the Order for shipment by the Seller and the time of delivery the Product by the carrier.
  6. If the ordered Products have different delivery deadlines, the longest deadline shall apply to the whole Order.
  7. The risk of accidental loss or damage to the item is transferred to the Consumer at the time of its delivery to the Consumer.
  8. The Consumer is recommended to inspect the condition of the products as soon as possible after delivery. If defects are discovered, the Consumer is recommended to contact the Seller by email: hello@moyamatcha.com.

VII.     The right to withdraw from the Agreement

  1. The consumer who has concluded a distance agreement can withdraw from the sales agreement within 14 calendar days without giving a reason and without incurring costs, except for the costs referred to in VII.13. To keep the deadline, it is sufficient for the consumer to make a statement of the Seller before it expires.
  2. The Consumer’s statement must clearly express his will to withdraw from the contract.
  3. The statement of withdrawal from the agreement may be submitted to the Seller’s address Moya Europe Sp z o.o., Karłowicza 9a, 02-501, Warsaw / Poland or e-mail address: hello@moyamatcha.com.
  4. The Seller shall immediately confirm on a durable medium the fact of receipt of the statement of withdrawal from the contract submitted in the manner indicated in subsections 3.
  5. The course of time for withdrawal from the Sales Agreement shall commence a) on the date on which the Product was taken by the Consumer or by a third party designated by him/her other than the carrier and in the case of a Sale Agreement, which:(1)includes a great number of Products that are delivered separately, in batches or in parts, since acquiring possession of the last Product, a batch or part, or (2) is based on regular delivering Products for a fixed period of time – since acquiring possession of the first of the Products; b) for other agreements – from the date of conclusion of the contract.
  1. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded.
  2. The Seller is obliged immediately, but not later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, to return to the consumer all payments made by him, including the costs of delivery of the Product. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
  3. If the consumer has chosen a method of delivery of the Product other than the cheapest usual delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs incurred by the consumer.
  4. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry.
  5. The purchased Products should be returned to the following address:

Kabaretowa 21C,

01-942 Warsaw/Poland.

  1. The Consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
  1. The seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever occurs first, unless the Seller himself offered to collect the Product from the consumer.
  2. The consumer bears the direct costs of returning the Product. 
  3. The right to withdraw from a distance agreement is not entitled to the Consumer in relation to contracts:
  4. in which the subject of the service is a Product non-prefabricated, manufactured according to the consumer’s specifications or serving to satisfy his individual needs
  5. in which the subject of the service is a Product that spoils quickly or has a short shelf life.
  6. in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery.
  1. In the event of non-compliance of the Product with the sales agreements, the provisions set out in the Consumer Rights Act (Chapter 5A) apply to consumers, unless otherwise provided by mandatory regulations in the country of origin of the Consumer in accordance with Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of June 17, 2008, on the law applicable to contractual obligations (Rome I) (OJ EU L. 2008 No. 177, p. 6, with subsequent amendments).
  2. Complaints should be sent to the following address:

Kabaretowa 21C,

01-942 Warsaw/Poland

e-mail address: hello@moyamatcha.com.

  1. Sending or returning the Product as part of the complaint may take place to the following address:

Kabaretowa 21C,

01-942 Warsaw/Poland.

  1. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint.
  2. If the product is not in conformity with the contract, the consumer may request its repair or replacement. The Seller shall carry out repair or replacement within a reasonable time after being informed by the consumer of the lack of conformity and without undue inconvenience to the consumer considering the specificity of the product and the purpose for which the consumer acquired it. The costs of repair or replacement, including the costs of postage, transport, labor and materials, shall be borne by the Seller.
  3. The Consumer makes available to the Seller a product subject to repair or replacement. The Seller collects the products from the consumer at his own expense. The Consumer is not obliged to pay for the normal use of the products which have subsequently been replaced.
  4. If the product is not in conformity with the contract, the consumer may make a statement on price reduction or withdrawal from the contract when:
  5. the seller refused to bring the product into conformity with the contract in accordance with the Consumer Rights Act.
  6. the seller has not brought the product into conformity with the contract in accordance with the Consumer Rights Act.
  7. the lack of conformity of the product with the contract persists even though the seller has tried to bring the product into conformity.
  8. the lack of conformity of the product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of protection measures specified in the Consumer Rights Act.
  9. It is clear from the seller’s declaration or circumstances that he will not bring the products into conformity within a reasonable time or without undue inconvenience to the consumer.
  1. The reduced price must be in proportion to the contract price in which the value of the non-conforming product remains in relation to the value of the product in conformity.
  2. The Seller shall return to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer’s statement on the price reduction.
  3. In the event of withdrawal from the contract, the Consumer immediately returns the products to the Seller at his expense. The Seller returns the price to the consumer immediately, no later than within 14 days from the date of receipt of the product or proof of its return.
  4. The Consumer may not withdraw from the contract if the lack of conformity of the product with the contract is irrelevant. The lack of conformity of a product with the contract shall be presumed to be material.
  5. The Seller is liable for non-compliance of the Product with the Sales Agreement if the non-compliance of the Product with the Sales Agreement existed at the time of its delivery and was revealed within two years from the date of delivery of the Product to the Consumer.
  6. The Seller complies with the provisions of Chapter 5B of the Consumer Rights Act in the scope of contracts for the supply of digital content or digital service.
  1. Out-of-court complaint handling and redress procedures
  1. The Seller would like to inform you that out-of-court complaint handling and redress procedures can be used. They can be used on a voluntary basis and only if both parties to the dispute agree to it.
  2. Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out-of-court complaint handling, redress, and the rules of access to these procedures is available at the offices and on the websites of county (municipal) consumer advocates, Voivodship Inspectorates of Trade Inspection in Poland.
  3. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
  4. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU”s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.
  1. Neither Party can be held liable for the non-performance of any of its obligations, if such non-performance is due to an unforeseeable event beyond its control or a force majeure incident including but not limited to war, epidemic, flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than 14 calendar days after said event occurs.
  2. The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.
  3. This clause does not limit consumer rights in any way.
  1. The Seller collects and processes the personal information of the Customers in accordance with applicable provisions of law and with the Privacy Policy.
  2. The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed.
  3. Additional explanations regarding the protection of personal data are contained in the “Privacy Policy”.
  1. All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions. All images, graphics, text, code, software, descriptions, data and other material used on or incorporated into this website are subject to intellectual property rights in Poland (EU).
  1. These Terms and Conditions will be governed by the law of the Republic of Poland. The parties exclude the application of the UN Convention on Contracts for the International Sale of Goods.
  2. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in the EU.
  3. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by a competent court of jurisdiction proper for the seat of the Seller.
  4. In matters not regulated in these Terms and Conditions, the provisions of general Polish and EU laws shall apply.
  5. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.

14.02.2025

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