Terms & Conditions

ONLINE STORE TERMS AND CONDITIONS

operated at www.mashliving.com

I. General provisions

These Terms and Conditions define the general terms, the manner of providing electronic Services and sales conducted via the Online Store www.mashliving.com

The Store is operated by
MOMA STUDIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw, at the address:
ul. Okrąg 2/3,
00-423 Warsaw,
registered by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, KRS 0000784613, TAX ID 5342600071, hereinafter referred to as the Seller.
Contact with the Seller takes place via:

e-mail address: info@mashliving.com;
phone number: +48 602 631 157;
contact form available on the Online Store website.

These Terms and Conditions are continuously available on the website www.momastudio.pl in a manner enabling their acquisition, reproduction and recording by printing or saving on a medium at any time.
The Seller informs that using Services provided electronically may involve risks on the part of any Internet user, consisting in the possibility of introducing malicious software into the Customer’s IT system and obtaining and modifying their data by unauthorized persons. In order to avoid the risk of such threats, the Customer should use appropriate technical measures minimizing their occurrence, in particular antivirus software and firewall protection.

II. Definitions

The terms used in these Terms and Conditions shall mean:

Business Days – days from Monday to Friday, excluding statutory public holidays;
Gift Card – a physical (paper) or virtual (code) bearer card issued as a result of an agreement concluded between MOMA studio and the Purchaser, entitling – within the agreed monetary limit – to purchase goods offered in MOMA studio stores and via www.mashliving.com;
Customer – a natural person having full legal capacity, a natural person conducting business activity, a legal person or an organizational unit without legal personality granted legal capacity by specific regulations, who places an Order within the Online Store or uses other Services available in the Online Store;
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Account – a part of the Online Store assigned to a given Customer, by means of which the Customer may perform specific actions within the Online Store;
Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
Entrepreneur – a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
Terms and Conditions – this document;
Goods – a product presented in the Online Store, the description of which is available next to each presented product;
Sales Agreement – a sales agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
Services – services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827);
Act on the Provision of Electronic Services – the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended);
Order – a declaration of intent by the Customer aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.

III. Rules for Using the Online Store

Use of the Online Store is possible provided that the Customer’s IT system meets the following minimum technical requirements:

computer or mobile device with Internet access,
access to e-mail,
Internet browser: Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later,
Cookies and JavaScript enabled in the Internet browser.

Use of the Online Store means any activity by the Customer that leads to familiarization with the content contained in the Store.
The Customer is obliged in particular to:

refrain from providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory content or content infringing personal rights and other rights of third parties,
use the Online Store in a manner that does not disrupt its operation, in particular through the use of specific software or devices,
refrain from actions such as sending or placing unsolicited commercial information (spam) within the Online Store,
use the Online Store in a manner that is not burdensome to other Customers or to the Seller,
use all content posted within the Online Store solely for their own personal use,
use the Online Store in a manner consistent with the provisions of law in force in the territory of Europeen Union, the provisions of these Terms and Conditions, as well as general principles of Internet use.

IV. Services

The Seller enables, via the Online Store, the use of free Services provided by the Seller 24 hours a day, 7 days a week.
The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form made available on one of the Online Store’s pages. The agreement for the provision of the Service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and is terminated upon the Customer submitting a request to delete the Account or using the “Delete Account” button.
The Customer has the possibility to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter Service). For this purpose, a valid e-mail address must be provided or the appropriate field in the registration form or Order form must be activated. The Customer may withdraw consent to receive commercial information at any time. The agreement for the provision of the Newsletter Service is concluded for an indefinite period and is terminated upon the Customer submitting a request to remove their e-mail address from the Newsletter subscription or unsubscribing via the link included in the content of a message sent as part of the Newsletter Service.
The Customer has the possibility to send messages to the Seller via the contact form. The agreement for the provision of the Service consisting in making available an interactive form enabling Customers to contact the Seller is concluded for a fixed period and is terminated upon sending the message by the Customer.
The Customer has the possibility to send messages to the Seller via the “Ask about this product” form. The agreement for the provision of the Service consisting in making available an interactive form enabling Customers to inquire about Goods is concluded for a fixed period and is terminated upon sending the message by the Customer.
The Customer has the possibility to add Goods to the “Favorites” list. The agreement for the provision of the Service consisting in adding Goods to the “Favorites” list is concluded for a fixed period and is terminated upon removal of the Goods from the list or upon termination of the browser session by the Customer.
The Seller has the right to organize occasional contests and promotions, the terms of which will each time be provided on the Store’s website. Promotions in the Online Store may not be combined, unless the terms and conditions of a given promotion provide otherwise.
In the event of a violation by the Customer of the provisions of these Terms and Conditions, the Seller, after a prior ineffective request to cease or remedy the violations within a specified time limit, may terminate the agreement for the provision of Services with 14 days’ notice.

V. Karta podarunkowa

The Seller enables, via the Online Store, the purchase of a Gift Card, which may be used to purchase Goods available in the Online Store.
The Gift Card contains the specified amount in Polish zloty, the card number and the date until which the Gift Card may be redeemed.
A Customer interested in purchasing a Gift Card places an Order in accordance with section VI of these Terms and Conditions.
In the Gift Card Order form, the Customer specifies its individual parameters, including selecting the amount in Polish zloty, in accordance with the options available in the Online Store.
In the event of placing a Gift Card Order, the Seller sends the Gift Card by electronic message to the e-mail address indicated when placing the Order or via one of the delivery methods selected by the Customer from among the methods specified in section VII subsection 2 letters a and b.
The Seller is the sole issuer of the Gift Card.
A Customer holding a valid Gift Card may make payment for Goods offered in the Online Store by following the messages displayed in the Online Store.
In order to finalize payment with a Gift Card before placing an Order on the Store website, it will be necessary to provide the card number located on the Gift Card before placing the Order on the Store website.
The Customer may make payment with the Gift Card until the date indicated on the Gift Card.
If the value of the Customer’s Order exceeds the nominal value of the Gift Card, the Customer has the option to pay the remaining amount using other payment methods available in the Online Store.
The Gift Card is not exchangeable for cash.

VI. Procedure for Concluding the Sales Agreement

Information about the Goods provided on the Store website, in particular their descriptions, technical and functional parameters and prices, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
All Goods available in the Online Store are brand new and free from physical and legal defects, except for used Goods, which may have defects indicated in the description.
A condition for placing an Order is having an active e-mail account.
In the case of placing an Order via the Order form available on the Online Store website, the Order is submitted by the Customer to the Seller in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods covered by the Order. An offer submitted electronically is binding on the Customer if the Seller sends confirmation of acceptance of the Order for processing to the e-mail address provided by the Customer, which constitutes the Seller’s declaration of acceptance of the Customer’s offer, and upon receipt of such confirmation by the Customer, the Sales Agreement is concluded.
Placing an Order in the Online Store by telephone, by sending an electronic message or by sending a message via the contact form takes place on Business Days and during the hours indicated on the Online Store website. For this purpose, the Customer should:

provide during the telephone conversation, in the content of the electronic message or in the content of the message sent via the contact form addressed to the Seller the name of the Goods selected from among the Goods available on the Store website and their quantity,
indicate the delivery method and form of payment from among the delivery and payment methods provided on the Store website,
provide the data necessary to fulfill the Order, in particular first and last name, place of residence and e-mail address.

Information on the total value of the Order referred to above is each time provided by the Seller verbally after completing the entire Order or by informing via electronic message, together with information that concluding the Sales Agreement by the Customer entails an obligation to pay for the ordered Goods; at that moment the Sales Agreement is concluded.
In the case of a Customer who is a Consumer, the Seller shall each time, after placing an Order by telephone, e-mail or contact form, send the Customer confirmation of the terms of the placed Order.
The Agreement is concluded when the Customer who is a Consumer sends an electronic message to the Seller’s e-mail address (in response to the confirmation of the Order terms sent by the Seller) in which the Customer accepts the content of the submitted Order and consents to its execution, and accepts the content of the Terms and Conditions and confirms having read the instruction on withdrawal from the Agreement.
After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer’s e-mail address or in writing to the address provided by the Customer.
The Sales Agreement is concluded in the Polish language, with content consistent with these Terms and Conditions.

VII. Delivery

Delivery of the Goods is carried out to the address indicated by the Customer when placing the Order.
The Customer may choose the following forms of delivery of the ordered Goods:

via courier company;
Seller’s own transport.

On the Store website, in the Goods description, the Seller informs the Customer of the number of Business Days required to process the Order and deliver it, as well as of the amount of delivery fees.
The delivery and Order fulfillment period is calculated in Business Days in accordance with section VII subsection 2.
The Seller provides the Customer with proof of purchase.
If different fulfillment periods are different for the Goods covered by the Order, the longest of these periods applies to the entire Order.
If any of the products covered by the Order has a different (longer) fulfillment period, it is assumed that the entire Order fulfillment time corresponds to the longest of these periods. Delivery and fulfillment periods are each time determined during the Order acceptance process. However, the maximum Order fulfillment period does not exceed 10 weeks from the date of crediting the payment.

VIII. Prices and Payment Methods

Prices of Goods are stated in Polish zloty and include all components, including VAT, customs duties and other fees.
The Customer may choose the following payment methods:

bank transfer to the Seller’s bank account (in this case, Order processing will commence after the Seller sends the Customer confirmation of Order acceptance, and shipment will be made immediately after the funds are credited to the Seller’s bank account and the Order is completed);
cash upon personal collection – payment at the Seller’s personal pickup point (in this case, Order processing will be carried out immediately after the Seller sends the Customer confirmation of Order acceptance, and the Goods will be issued at the Seller’s personal pickup point);
cash on delivery, payment to the carrier upon delivery (in this case, Order processing and shipment will commence after the Seller sends the Customer confirmation of Order acceptance and the Order is completed);
electronic payment (in this case, Order processing will commence after the Seller sends the Customer confirmation of Order acceptance and after the Seller receives information from the payment agent system that the Customer has made the payment, and shipment will be made immediately after the Order is completed);
installment payment system – in this case, Order processing will commence after the Seller sends the Customer confirmation of Order acceptance, completes the Order, and after receiving payment for the ordered Goods from Santander Bank Polska SA with its registered office in Warsaw.

On the Store website, the Seller informs the Customer of the deadline within which payment for the Order must be made. In the event that the Customer fails to make payment within the period referred to in the preceding sentence, the Seller, after a prior ineffective request for payment with a specified deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.

IX.“Free Shipping” Promotion (hereinafter referred to as the “Promotion”)

The organizer of the Promotion is the Seller.
The Promotion is conducted in EU
The Promotion is valid periodically, on selected dates, which the Seller each time announces on the Store website (hereinafter referred to as the “Promotion Period”).
If a specific range of dates is indicated as the Promotion Period, it shall be understood that from the day indicated as the start of the Promotion, the Promotion is valid from the beginning of that day (00:00) until the end of the day indicated as the last day of the Promotion Period (23:59:59).
The Promotion covers shipment of Goods marked with a special label indicating free shipping of a given Good, hereinafter referred to as “Promotional Goods”.
A Promotion Participant is a Customer who purchases Promotional Goods during the Promotion Period in accordance with section VI of these Terms and Conditions (hereinafter referred to as the “Promotion Participant”). Upon meeting the conditions referred to in the preceding sentence, the Promotion Participant does not pay for delivery of the Goods organized by the Seller, in accordance with section VII of these Terms and Conditions.
Only Goods to be delivered to the Promotion Participant within the territory of the Republic of Poland are covered by the Promotion. Goods shipped outside the territory of the Republic of Poland are not covered by this Promotion.
During the Promotion Period, the Promotion Participant may purchase Promotional Goods multiple times.
If, within a single Order, the Promotion Participant orders more than one Good and at least one of the Goods is not a Promotional Good, the Promotion does not apply.
The Promotion Participant is not entitled to exchange or return the benefit in the form of free delivery, including exchange of such benefit for a cash equivalent.
Each Promotion Participant has the right to submit a complaint regarding non-compliance of the Promotion with these Terms and Conditions, in accordance with the rules specified in section XII of these Terms and Conditions.
In matters not regulated in this section, the remaining provisions of the Terms and Conditions shall apply.

X. Right of Withdrawal from the Agreement

A Customer who is a Consumer may withdraw from the Agreement without stating any reason by submitting an appropriate declaration within 30 days. To meet this deadline, it is sufficient to send the declaration before its expiry.
The Customer may formulate the declaration independently or use the model withdrawal form provided by the Seller on the Store website.
The 30-day period is counted from the day on which delivery of the Goods took place or, in the case of a Service Agreement, from the day of its conclusion.
Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send confirmation of receipt of the withdrawal declaration to the Consumer’s e-mail address.
The Consumer’s right to withdraw from the Agreement is excluded in the case of:

provision of services, if the Seller has fully performed the service with the Consumer’s express consent, who was informed before commencement that after performance by the Seller they would lose the right to withdraw from the Agreement;
an Agreement in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;
an Agreement in which the subject of performance is non-prefabricated Goods manufactured according to the Consumer’s specifications or serving to satisfy the Consumer’s individualized needs;
an Agreement in which the subject of performance is Goods subject to rapid deterioration or having a short shelf life;
an Agreement in which the subject of performance is Goods delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging has been opened after delivery;
an Agreement in which the subject of performance consists of products which, after delivery, due to their nature, become inseparably connected with other items;
an Agreement in which the subject of performance consists of alcoholic beverages whose price was agreed at the conclusion of the Sales Agreement, whose delivery may take place only after 30 days, and whose value depends on market fluctuations beyond the Seller’s control;
an Agreement in which the Consumer expressly requested that the Seller visit them for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or supplies Goods other than spare parts necessary for repair or maintenance, the right of withdrawal applies to such additional services or Goods;
an Agreement in which the subject of performance is audio or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery; delivery of newspapers, periodicals or magazines, except for subscription agreements;
an Agreement concluded by public auction;
an Agreement for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, leisure services, entertainment, sports or cultural events, if the agreement specifies a day or period of performance;
an Agreement for the supply of digital content not supplied on a tangible medium, if performance has begun with the Consumer’s express consent before expiry of the withdrawal period and after the Seller informed the Consumer of the loss of the right of withdrawal.

In the event of withdrawal from a distance Agreement, the Agreement shall be deemed not concluded. What the parties have provided shall be returned in an unchanged condition, unless the change was necessary to determine the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 30 days. The purchased Goods should be returned to the Seller’s address.
The Seller shall immediately, but no later than within 30 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, refund all payments made by the Consumer, including delivery costs. The Seller shall refund payments using the same payment method used by the Consumer, unless the Consumer agrees to a different refund method which does not involve any costs for the Consumer. The Seller may withhold reimbursement until the Goods are received back or the Consumer provides proof of return shipment, whichever occurs first, unless the Seller has offered to collect the Goods.
If the Consumer chose a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred.
The Customer bears only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

XI. Complaints Regarding Goods Under Warranty for Defects (Statutory Warranty)

The Seller undertakes to deliver Goods free from defects.
The Seller shall be liable towards a Customer who is a Consumer under statutory warranty for defects on the terms set out in Articles 556–576 of the Civil Code. With respect to Customers who are Entrepreneurs, statutory warranty is excluded. In the case of used Goods, pursuant to Article 568 §1 of the Civil Code, the statutory warranty period is 1 year.
Complaints resulting from violation of Customer rights guaranteed by law or under these Terms and Conditions should be submitted to: MOMA STUDIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Okrąg 2/3, 00-423 Warsaw, by e-mail at: info@momastudio.pl, phone number +48 575 060 820.
For the purpose of considering a complaint, the Customer should send or deliver the complained Goods, if possible attaching proof of purchase. The Goods should be delivered or sent to the address indicated in item 3 above.
The Seller undertakes to consider each complaint within 14 days.
In the event of deficiencies in the complaint, the Seller shall request the Customer to supplement it to the necessary extent immediately, but no later than within 7 days from the date the Customer receives such request.

XII. Complaints Regarding the Provision of Electronic Services

The Customer may submit complaints to the Seller in connection with the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the address: MOMA STUDIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Okrąg 2/3, 00–423 Warsaw, or by e-mail to: info@momastudio.pl, phone number +48 575 060 820.
In the complaint, the Customer should provide their first and last name, correspondence address, and the type and description of the problem that occurred.
The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. In the event of deficiencies in the complaint, the Seller will request the Customer to supplement it to the necessary extent within 7 days from the date the Customer receives such request.

XIII. Guarantees

Goods may be covered by a manufacturer’s or the Seller’s guarantee.
In the case of Goods covered by a guarantee, information concerning the existence and content of the guarantee and the period for which it has been granted is each time presented in the description of the Goods on the Store website.

XIV. Out-of-court Methods of Handling Complaints and Pursuing Claims

Customer who is a Consumer has, among others, the following possibilities of using out-of-court methods of handling complaints and pursuing claims:

is entitled to apply to a permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings aimed at amicable settlement of the dispute between the Customer and the Seller;
may obtain free assistance in resolving the dispute between the Customer and the Seller, also using free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include Consumer protection (including the Consumer Federation and the Polish Consumers Association). Advice is provided by the Consumer Federation via the free consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address: porady@dlakonsumentow.pl
may submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/

XV. Personal data protection

Personal data provided by Customers are collected and processed by the Seller in accordance with applicable legal regulations and in accordance with the Privacy Policy available on the Store website.

XVI. Final Provisions

All rights to the Online Store, including proprietary copyrights and intellectual property rights to its name, Internet domain, Online Store website, as well as to forms and logos, belong to the Seller, and their use may take place solely in the manner specified and compliant with these Terms and Conditions.
The provisions of these Terms and Conditions concerning the Consumer, in particular regarding withdrawal from the contract and complaints, shall also apply to a natural person concluding a contract directly related to their business activity, if it follows from the content of such contract that it does not have a professional character for that person, resulting in particular from the subject of business activity performed by that person, disclosed pursuant to the provisions on the Central Register and Information on Business Activity. The provisions regarding out-of-court methods of complaint resolution and claim enforcement shall not apply.
Any disputes arising between the Seller and a Customer who is a Consumer shall be submitted to courts having jurisdiction in accordance with the relevant provisions of the Code of Civil Procedure.
Any disputes arising between the Seller and a Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s registered office.
In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act and other applicable provisions of Polish law shall apply.
All Customers shall be informed of any changes to these Terms and Conditions via information published on the main page of the Online Store containing a summary of changes and their effective date. Customers holding an Account shall additionally be informed of the changes together with their summary via the e-mail address provided by them. The effective date of changes shall not be shorter than 14 days from the date of their announcement. If an Account-holding Customer does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller within 14 days from being informed of the change. Notification of non-acceptance of the new Terms and Conditions results in termination of the Agreement.