
1. INTRODUCTION
This document sets forth the terms and conditions
governing the use of moyha.com website and the purchase of items through such
website (hereinafter, the "Terms"). Please read through these Terms,
our Cookies Policy and our Privacy Policy (together the "Data Protection
Policies") prior to using this website. By using this website or placing
an order through it, you are consenting to be bound by these Terms and our Data
Protection Policies. If you do not agree to all of the Terms and the Data
Protection Policies, do not use this website. These Terms and the Data
Protection Policies may be amended.
2. OUR DETAILS
Sale of items through this website is carried out
under the Moyha s.c. registered in
Poland. Office at:
MOYHA s.c.
80-297 Miszewo Lotnicza 44
Poland
NIP 584-275-14-94
You may contact us by sending an email to shop@moyha.com.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide
us with shall be processed pursuant to the Data Protection Policies. By using
this website you are consenting to the processing of such information and
details and you represent that the whole information or details you have
provided us with are true and accurate.
4. USE OF OUR WEBSITE
By using this website and/or by placing any order
through it, you undertake:
1. To use the website exclusively to make legitimate
enquiries or orders.
2. Not to make any speculative, false or fraudulent
orders. If we are reasonably of the opinion that such an order has been made we
shall be entitled to cancel the order.
3. To provide correct and accurate e-mail, postal
and/or other contact details to us and acknowledge that we may use these
details to contact you in the event that this should prove necessary (see our
Data Protection Policies). If you do not give us all of the information that we
need, we may not be able to complete your order. By placing an order through the
website, you warrant that you are at least 18 years old and are legally capable
of entering into binding contracts.
5. SERVICE AVAILABILITY
Items offered over this website are only available for
delivery to the Europe.
6. HOW THE CONTRACT IS FORMED
To place an order, you must follow the online
purchasing procedure and click on "Authorise payment". After doing
so, you will receive an email confirming receipt of your order (the "Order
Confirmation"). You will be informed via email once the order is being sent
(the "Shipping Confirmation").
7. AVAILABILITY OF ITEMS
All orders for items are subject to availability and
in this regard, in the event of supply difficulties or because items are no
longer in stock, we reserve the right to give you information about substitute
items of an equal or higher quality and value which you can order. If you do
not wish to order the substitute items we will give money back.
8. REFUSAL OF ORDER
We reserve the right to withdraw any items from this
website at any time and/or remove or edit any materials or content on this
website. Whilst we will use our reasonable endeavours to process all the orders
submitted to us, there may be exceptional circumstances which mean that we may
need to refuse to process or accept an order after we have received it or sent
you an Order Confirmation, which we reserve the right to do at any time. We
will not be liable to you or any other third party by reason of our withdrawing
any item from this website, removing or editing any materials or content on
this website or for refusing to process or accept an order after we have
received it or sent you an Order Confirmation.
9. DELIVERY
Subject to availability and unless there are any
exceptional circumstances, we will endeavour to fulfil your order for item(s)
listed in the Shipping Confirmation by the delivery date set out in the
Shipping Confirmation or, if no estimated delivery date is specified, then
within a maximum of 30 days of the date of the Order Confirmation. If our
supply of the items is delayed by an event outside our control then we will
contact you as soon as possible to let you know and we will take steps to
minimise the effect of the delay. Provided we do this we will not be liable for
delays caused by the event, but if there is a risk of substantial delay you may
contact us to end the Contract and receive a refund for any items you have paid
for but not received. Please ensure that items ordered can fit into your home,
the areas for which it is intended or location for delivery. If the item(s) do
not so fit, you can still accept delivery or you can return the items, but any
return will be at your own cost (see further our Returns Policy). For the
purpose of these Terms "delivery" or "delivered" shall be
deemed to have occurred upon you or a third party nominated by you acquiring
physical possession of the items, which will be evidenced by the signing for
receipt of the items at the agreed delivery address.
10. UNABLE TO DELIVER
If we are
unable to deliver, your item(s) will be returned to our depot. We will leave a
note explaining where your parcel is and how you can rearrange delivery. If you
are not at the delivery location at the time agreed, please contact us again to
rearrange delivery for another mutually convenient day. If after 15 days from
the date your order is available for delivery, the order could not be delivered
for reasons not attributable to us, we shall assume that you wish to cancel the
Contract and it will be terminated. As a result of the termination of the
Contract, we will return to you all payments received from you, including
delivery charge (except for any additional costs resulting from your choice of
any delivery method other than the ordinary delivery method that we offer)
without any undue delay, and at any rate, within 14 days of the date on which
this Contract has been terminated. Please keep in mind that transport derived
from the termination of the Contract may have an additional cost which we will
be entitled to pass on to you.
11. RISK AND TITLE
The Items will be at your risk from the time of
delivery. Ownership of the items will only pass to you when we receive full
payment of all sums due in respect of the items, including delivery charges, or
upon delivery (as defined in Clause 9), whichever is the later.
12. PRICE AND PAYMENT
The prices on the website include VAT but exclude
delivery costs, which will be added to the total amount. Once you have finished
shopping all the items you wish to purchase are added to your basket and your
next step will be to go to the checkout process and make payment. To do this,
you must follow the steps of the purchase process, completing or verifying the
information requested in each step. Throughout the purchase process, before
payment, you can modify the details of your order. Payment can be made by Visa, Mastercard, American
Express card and “Przelewy 24” service provided by PayPro SA, Kanclerska 15,
60-327 Poznan. Credit cards are subject to validation checks and authorisation
by your card issuer but if your card issuer fails to authorise payment to us,
we will not be liable for any delay or non-delivery and may not be able to form
a Contract with you.
13. RETURNS POLICY
Statutory right
to cancel your purchase Right to cancel If you are contracting as a consumer,
you have the right to cancel the Contract, within 14 days, without giving any
reason. The cancellation period will expire after 14 days from the day on which
you, or a third party nominated by you (other than the carrier), takes physical
possession of the items. To exercise this cancellation right, you must notify
us of your decision to cancel the Contract by making a clear statement to us
that you wish to cancel the Contract. You may notify us by sending us an email
to shop@moyha.com.
The
shipping expenses for returning an order are not covered by us, and must be
paid by you, and must also be arranged by yourself. The items are your responsibility until they reach our
warehouse. Please make sure you pack the return safely to prevent any damage to
the products or boxes. Make sure the product’s original packaging is intact.
Please keep receipts and tracking numbers as proof of sending the items back. Products should be shipped to our warehouse no later than 14 days from informing us about cancelation the Contarct.
Items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and any
labels or tags must be intact. If your handling goes beyond what is acceptable and the items are damaged
or diminished in value, we may deduct from the amount we reimburse to you, or you may be liable to us
for, an amount equal to the diminished value of the items.
Please return the items using or including all their original packaging, instructions, and other documents,
if any, accompanying the items.
You will receive your refund within 14 days after we
receive the notification. However the refund will not be paid before we have
received the items at our warehouse which which is located at:
MOYHA s.c.
80-297 Miszewo Lotnicza 44
If the items are not
received in their original packaging and in the same condition as you received
it a deduction can be made in your refund similar to the decrease of the value
of the items.
14. LIABILITY AND DISCLAIMERS
We do not guarantee that
all the items available at the www.moyha.com are in stock at the time of your
order. Moyha com.
cannot warrant that the content of the site is at all time free of inaccuracies
or typographical errors. Neither can we guarantee that all information is
up-to-date. Moyha.com may at any time change the content of the site. Though
moyha.com strive to always display the correct texts, images and pricing on the
site and web shop, errors can occur. If you have been charged the wrong amount
when shopping from the web shop, we will give you the option of placing a new
order with the correct price or canceling your order. If we are unable to get
in touch with you, your order will be automatically cancelled. We cannot
guarantee that colours in the website are fully equivalent to the items’ actual
colors. This depends partly on the colour settings of your computer and
monitor. Items (including handicraft items)
sold by us will often contain the natural characteristics of the materials used
in the manufacture of the completed item. Natural characteristics such as
grain, texture, knots and colour variation should not be classed as faults or
defects. Inconsistencies in these natural characteristics should be expected
and appreciated. We select only items of the highest quality but natural
characteristics are inevitable and should be accepted as part of the individual
appearance of the item.
15. INTELLECTUAL PROPERTY
Copyright in the documents provided in
this site (including logos, graphics, text, photos, icons, images and designs)
are owned by Moyha s.c.
16. OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from
time to time. You will be subject to the policies and Terms in force at the
time that you use this website or order items from us, unless any change to
those policies, Terms or Privacy Statement is required to be made by law or
governmental authority, in which case, any potential changes will also apply to
orders previously placed by you.
17. LAW AND JURISDICTION
The use of our website and the Contracts for the
purchase of items through such website will be governed by Polish law. Any
dispute arising from, or related to the use of the website or to such Contracts
shall be subject to the non-exclusive jurisdiction of the Polish courts
Last updated on November 10, 2016