TERMS AND CONDITIONS of Muya Yoga online store

Specifies, among other things, the rules for concluding sales contracts through the Store, including the most important information about the Seller, the Store and the rights of the Consumer.

 

TABLE OF CONTENTS

  • 1 Definitions
  • 2 Contact with the Seller
  • 3 Company address
  • 4 Shopping in the Store
  • 5 Payments
  • 6 Order completion
  • 7 Right of withdrawal
  • 8 Exceptions to the right of withdrawal
  • 9 Complaints
  • 10 Personal information
  • 11 Objections

 

§ 1 DEFINITIONS

Working days – days from Monday to Friday except for public holidays.

Consumer – a consumer within the meaning of the Civil Code.

Account – a free-of-charge function of the Store (service provided electronically), regulated by separate regulations, thanks to which the Buyer can create an individual account in the Store.

Buyer – any entity buying from the Store.

Privileged Buyer – a Consumer or Privileged Entrepreneur.

Privileged Entrepreneur – a natural person who enters into a contract with the Seller directly related to his/her business, but not of a professional nature for him/her (the definition is valid for contracts concluded from January 1, 2021).

Regulations – these terms and conditions.

Store – Muya Yoga online store operated by the Seller at https://muya.yoga.com.

Seller – Latanka, entrepreneur running a business under the name Latanka Karolina Jankowska, registered in the Central Register and Information on Business Activity conducted by the minister responsible for economy and keeping the Central Register and Information on Business Activity.

§ 2 CONTACT WITH THE SELLER

E-mail address: connect@muyayoga.com

§ 3 COMPANY ADDRESS

Any correspondence should be addressed to: 

Latanka Karolina Jankowska
Tylice 24i
59-900 Zgorzelec
TAX ID: 6151896842

§ 4 SHOPPING IN THE STORE

  1. The prices of goods shown in the Store are the total prices for the goods.
  2. The Seller points out that the total price of an order consists of the indicated in the Store: the price for the goods and, if applicable, the delivery costs of the goods.
  3. The goods selected for purchase should be added to the shopping cart in the Store.
  4. The Buyer then selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, and provides the data necessary to complete the placed order.
  5. The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
  6. Placing an order is the same as concluding a sales contract between the Buyer and the Seller.

§ 5 PAYMENTS

  1. You can pay for your order, depending on the Buyer’s choice:
    1. Through the selected payment platform.
  2. The Buyer, by purchasing from the Store, accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.

§ 6 ORDER FULFILLMENT

  1. The Seller is obliged to deliver goods without defects.
  2. The order completion date is indicated in the Store.
  3. The Seller will proceed to fulfill the order after it has been paid.
  4. In a situation where, within one order, the Buyer has purchased goods with different lead times, the order will be fulfilled within the time limit applicable to the goods with the longest lead time.
  5. Goods purchased from the Store are delivered depending on the method of delivery chosen by the Buyer:
    1. Through a courier company
    2. To parcel machines InPost
    3. By electronic means – in the case of digital content.
  6. If the Buyer chooses to pick up the goods in person, the goods will be ready for pickup on the indicated order completion date, and if the Seller has indicated a date for shipping the goods – on that date.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. A privileged buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
  2. The term to withdraw from the contract expires after 14 days from the day:
    1. on which the Priority Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the Priority Buyer came into possession of the goods;
    2. on which the Priority Buyer has taken possession of the last of the goods, or on which a third party other than the carrier and designated by the Priority Buyer has taken possession of the last of the goods in the case of a contract obligating the transfer of ownership of multiple items that are delivered separately;
    3. conclusion of the contract – in the case of a contract for the delivery of digital content.
  3. In order for the privileged buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or information transmitted by e-mail).
  4. In order to observe the deadline for withdrawal from the contract, it is sufficient for the privileged Buyer to send information on the exercise of his right of withdrawal before the expiry of the deadline for withdrawal from the contract.
  5. In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the privileged Buyer’s choice of delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the privileged Buyer’s decision to exercise his right of withdrawal.
  6. The Seller will refund the payment using the same means of payment that were used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees otherwise, in any case the privileged Buyer will not incur any fees in connection with the refund.
  7. The Seller may withhold payment until it has received the goods or until it has been provided with proof of return, whichever event occurs first.
  8. The Seller asks to return the goods to the address: Hermanowska 73/2, 54-314 Wroclaw, immediately after informing the Seller about withdrawal from the sales contract.
  9. The privileged buyer shall bear the direct costs of returning the goods.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Terms and Conditions, does not apply to the contract:
    1. in which the subject of performance is a non-prefabricated item, produced according to the specifications of the privileged Buyer or serving to meet his individualized needs;
      In the Muya Yoga store non – prefabricated items are all hand-sewn articles.

§ 9 COMPLAINTS

  1. In the event of a defect in the goods, the Buyer has the opportunity to complain about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that the guarantee has been granted.
  2. Using the warranty, the Buyer may, under the terms of the Civil Code – subject to the provisions of § 11 paragraphs 5 and 6 of the Regulations:
    1. make a statement on price reduction,
    2. in the case of a material defect – make a statement on withdrawal from the contract,
    3. demand to replace the item with a defect-free one,
    4. demand removal of the defect.
  3. The Seller asks you to submit complaints on the basis of warranty to the postal or electronic address indicated in § 2 of the Regulations.
  4. If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller.
  5. Complaints about the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
  6. The Seller will consider the complaint within 14 days.
  7. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
    1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. assistance of a locally competent permanent conciliatory consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the conciliatory court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance of the municipal or district consumer ombudsman;
    4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

  1. The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as recipients of the data – can be found in the Privacy Policy available at the Store – due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection – “RODO”.
  2. The purpose of the processing of Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:
    1. the contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) RODO),
    2. Seller’s legal obligation related to accounting (Article 6(1)(c)), and
    3. Vendor’s legitimate interest in processing data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) RODO).
  3. Provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of a contract in the Store.
  4. Buyer’s data provided in connection with purchases in the Store will be processed until:
    1. the contract concluded between the Buyer and the Seller ceases to be in force;
    2. there ceases to be a legal obligation on the Seller, obliging him to process Buyer’s data;
    3. the possibility of vindication of claims by the Buyer or the Seller, related to the contract concluded by the Store ceases;
    4. Buyer’s objection to the processing of his personal data will be accepted – in the case where the basis for data processing was the legitimate interest of the Seller
  5. – whichever is applicable in a given case and which will occur at the latest.
  6. The Buyer has the right to request:
    1. access to his personal data,
    2. their rectification,
    3. deletion,
    4. restriction of processing,
    5. transfer of data to another administrator
      as well as the right to:
    6. object at any time to the processing of data for reasons related to the Buyer’s particular situation – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on the legitimate interests pursued by the administrator).
  7. In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
  8. If the Buyer believes that his data is being processed illegally, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

§ 11 DISCLAIMERS

  1. It is prohibited for the Buyer to provide unlawful content.
  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of fulfilling the order.
  3. Contracts concluded on the basis of the Regulations are concluded in the Polish language.
  4. In case of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the registered office of the Seller.
  5. Any liability of the Seller in relation to a Buyer who is not a privileged Buyer, within the limits allowed by law, is limited to the amount of the order placed by the Buyer and up to 1 year from the release of the goods.
  6. The Seller’s warranty liability to a Preferred Buyer is, within the limits permitted by law, limited to the amount of the order placed by the Preferred Buyer and up to 1 year from the release of the goods.
  7. The provisions relating to goods and the contract of sale shall apply mutatis mutandis to digital content and the contract for the provision of digital content, unless the Terms and Conditions specify these issues separately.