Shop rules
ONLINE STORE REGULATIONS
MULTIGENUS.COM
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND DATE OF PRODUCT DELIVERY
- COMPLAINT HANDLING PROCEDURE
- OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT TO WITHDRAW FROM THE CONTRACT
- PROVISIONS APPLICABLE TO ENTREPRENEURS
- PRODUCT OPINIONS
- FINAL PROVISIONS
- SAMPLE WITHDRAWAL FORM
This Regulations of the Online Store were prepared by lawyers website Pro-consumer.pl . Online Store www.multigenus.com cares about consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions, and any possible doubts should be resolved to the benefit of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1 The online store available at the Internet address www.multigenus.com is run by MORSEPO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Inowrocław (registered office and delivery address: ul. Poznańska 216B, 88-100 Inowrocław); entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0001044702; registry court where the company's documentation is kept: District Court in Bydgoszcz, 13th Commercial Division of the National Court Register; share capital in the amount of: PLN 5,000;
NIP: 5562803600; REGON: 525716798, e-mail address: info@multigenus.com oraz, contact telephone number: 733-603-738.
1.2 These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
1.3 The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, for the period and based on the grounds and principles indicated in privacy policy published on the Online Store website. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and the Seller's statutory obligations).
1.4 Definitions:
1.41 BLOG - Electronic Service, an online blog available on the Website for its Service Users, enabling them to browse the Service Provider's entries, in particular regarding its activities and the Products offered.
1.42 WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.43 CONTACT FORM – Electronic Service, an interactive form available in the Online Store enabling direct contact with the Seller.
1.44 REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.45 ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.46 CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.47 CIVIL CODE – Civil Code Act of April 23, 1964 (Journal of LawsAT 1964 No. 16, item 93 as amended)
1.48 ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's IT system, which collects data provided by the Service Recipient and information about Orders placed by him in the Online Store.
1.49 NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in Online Store.
1.410 PRODUCT – (1) movable item (including movable item with digital elements, i.e. containing digital content or a digital service or connected with them in such a way that the lack of the digital content or digital service would prevent its proper functioning) which are the subject of the Sales Agreement between the Customer and the Seller.
1.411 REGULATIONS – these regulations of the Online Store.
1.412. ONLINE STORE – the Service Provider's online store available at the Internet address: www.multigenus.com.
1.414 SALES AGREEMENT - Product sales agreement (in the case of movable items and movable items with digital elements), (2) Product delivery agreement (in the case of digital content or digital service), (3) agreement for the provision or use of from the Product (in the case of a non-digital service and other Products) concluded or concluded between the Customer and the Seller via the Online Store.
1.415 ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store and not being a Product.
1.416 SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law - using or intending to use the Electronic Service.
1.417. ACT ON CONSUMER RIGHTS - Act of May 30, 2014 on consumer rights (Journal of LawsAT 2014 item 827 as amended)
1.418 ORDER – the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available in the Online Store: Blog, Account, Contact Form, Order Form and Newsletter.
2.11 Browsing the Blog is possible by going to the "Blog" tab visible on the Website. The Blog is available free of charge to all visitors to the Website without the need to provide any data or perform other activities. As part of the blog, the Service Provider publishes articles relating to the topic of the Online Store and Products.
2.111 The Service User may stop using the Blog at any time and without giving a reason by closing the web browser.
2.12 Account - using the Account is possible after completing a total of three subsequent steps by the Service User - (1) completing the Registration Form, (2) clicking the "create" field and (3) clicking on the verification link sent automatically to the Service Recipient's e-mail address. In the Registration Form, the Service User must provide the following data: e-mail address and password. An Account can also be created by checking the appropriate checkbox when placing an Order in the Order Form - when the Order is placed, an Account is created for the Service User.
2.121 The Account Electronic Service is provided free of charge for an indefinite period of time. The Service User may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: info@multigenus.com lub or in writing to the following address: ul. Poznańska 216B, 88-100 Inowrocław
2.13 Contact Form - the use of the Contact Form begins after the Service Recipient completes a total of two subsequent steps - (1) going to the "Contact" tab and (2) clicking on the Online Store website after completing Contact Form field "Send". In the Contact Form, the Service Recipient must provide the following data: e-mail address. In order to provide more efficient service, the Service Recipient may also provide the following data: name and surname, contact telephone number and content of the inquiry.
2.131 The Contact Form service is provided free of charge and is one-time and ends when the inquiry is sent.
2.14 Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. An Order is placed after the Customer completes a total of two subsequent steps - (1) completes the Order Form and (2) clicks on the "Order with payment obligation/I buy and pay" field on the Online Store website after completing the Order Form - up to this point, it is possible to modify the entered data yourself (to do this, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data regarding the Customer: e-mail address, address (country), name, surname, address (street, apartment, postal code, city), contact telephone number and data regarding the Sales Agreement: Product/s , quantity of the Product(s), place and method of delivery of the Product(s), method of payment.
2.141 The Order Form Electronic Service is provided free of charge and is of a one-time nature and ends when an Order is placed via it or when the Service User stops placing an Order via it.
2.15 Newsletter - using the Newsletter is possible by - (1) checking the appropriate checkbox when placing an Order via the Order Form - when placing the Order, the Service Recipient is subscribed to the Newsletter, (2) providing in the form on the home page of the Online Store, in the "Newsletter" field of the e-mail address and clicking on the field showing an arrow pointing to the right - when the arrow is clicked, the Service User is subscribed to the Newsletter.
2.151 The Electronic Newsletter Service is provided free of charge for an indefinite period of time. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: info@multigenus.com lub or in writing to the following address: ul. Poznańska 216B, 88-100 Inowrocław
2.2 Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) current version of the web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.
2.3 The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The service recipient is obliged to enter data consistent with the actual situation. The Service Recipient is prohibited from providing illegal content.
2.4 The complaint procedure regarding Electronic Services is indicated in point. 6. Regulations
3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
3.1 The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the Online Store in accordance with point. 214 Regulations
3.2 The price of the Product shown on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product that is the subject of the Order, as well as about delivery costs (including transport, delivery and postal service fees) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them. on the Online Store's website when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3 Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.31 The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order in the Online Store in accordance with point. 214 Regulations
3.32 After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations about the receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.4 The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer the e-mail message referred to in point. 332 Regulations The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1 The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.11 Electronic payments and card payments via VivaWallet.com - possible current payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website https://www.vivawallet.com/pl_pl.
4.111 Settlement of electronic payment and payment card transactions is carried out in accordance with the Customer's choice via the VivaWallet website.com Electronic and payment card payments are handled by:
4.1111 Viva Wallet - VIVA PAYMENT SERVICES SPÓŁKA AKCYJNA ODDZIAŁ W POLSCE with its registered office in Warsaw (registered address: ul. Skierniewicka 10A, 01-230 Warsaw), entered into the Register of Entrepreneurs of the National Court Register under the number 0000774637, registration files kept by the District Court for the capital city of st Warsaw in Warsaw, 13th Commercial Division of the National Court Register, NIP: 1080023008, REGON: 382759654. The company is a branch of a foreign entrepreneur, VIVA PAYMENT SERVICES ANONUME ETAIREIA ANONUME ETAIREIA with its registered office in Marusi (registered address: 2 Kapodistriou Avenues, GR 151 23 Maroussi, Greece), registered in the register GENIKO EMPORIKO METROO (G.EME) under the number 122191501000 operated by the Athens Chamber of Commerce and Industry.
4.2 Payment deadline:
4.21 If the Customer chooses electronic payments or payment by payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
Currently active electronic payments and cards in the store https://multigenus.com/:
Payu, Blik, Trustly, Klarna, Visa, Master Card, American Express, Dinners Club, Discover, Maestro, Jcb, Bancontact
5. COST, METHODS AND DATE OF PRODUCT DELIVERY
5.1 Delivery of the Product is available within the territory of the Republic of Poland and European Union member states (excluding the Republic of Poland).
5.2 Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal services fees) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.3 The Seller provides the Customer with the following methods of Product delivery:
5.31 Courier delivery.
5.32 Pallet shipment.
5.4 The delivery time of the Product to the Customer in the territory of the Republic of Poland is up to 7 Business Days, unless a shorter time is specified in the description of a given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 7 Business Days. The beginning of the delivery period of the Product to the Customer is calculated as follows:
5.41 If the Customer chooses to pay electronically or by payment card - from the date of crediting the Seller's bank account or settlement account.
5.5 The delivery time of the Product to the Customer in the territory of the European Union Member States (excluding the Republic of Poland) is up to 7 Business Days, unless specified in the description of a given Product or when placing the Order. shorter term. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 7 Business Days. The beginning of the delivery period of the Product to the Customer is calculated as follows:
5.51 If the Customer chooses to pay electronically or by payment card - from the date of crediting the Seller's bank account or settlement account.
6. COMPLAINT HANDLING PROCEDURE
6.1 This Section 6. The Regulations define the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2 A complaint may be submitted, for example:
6.21 in writing to the following address: ul. Poznańska 216B, 88-100 Inowrocław
6.22 in electronic form to the following address: info@multigenus.com.
6.3 The Product may be sent or returned as part of a complaint to the address provided to the Customer at the time of submitting the complaint.
6.4 It is recommended to include in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities or lack of compliance with the contract; (2) requesting a method of achieving compliance with the contract or a declaration of price reduction or withdrawal from the contract or other claim; and (3) contact details of the person filing the complaint - this will facilitate and speed up the processing of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5 If the complainant changes the contact details provided while the complaint is being considered, he or she is obliged to notify the Seller thereof.
6.6 The complainant may attach evidence to the complaint (e.g. photos, documents or Product) related to the subject of the complaint. The seller may also ask the person making the complaint to provide additional information or to send evidence (e.g. photos), if it will facilitate and speed up the processing of the complaint by the Seller.
6.7 The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
6.8 The basis and scope of the Seller's statutory liability are specified in generally applicable provisions of law, in particular the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services of July 18, 2002. (Journal of LawsAT No. 144, item 1204 as amended) Additional information regarding the Seller's liability for the compliance of the Product with the Sales Agreement provided for by law is provided below:
6.81 In the event of a complaint Product - a movable item (including a movable item with digital elements), excluding a movable item that serves only as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from day 1. January 2023 are defined by the provisions of the Consumer Rights Act in the version in force from Day 1. January 2023, in particular art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.9 In addition to statutory liability, a warranty may be granted for the Product - this is a contractual (additional) liability and can be used when a given Product is covered by a warranty. The warranty may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed conditions regarding liability under the guarantee, including details of the entity responsible for implementing the guarantee and the entity authorized to use it, are available in the description of the guarantee, e.g. in the warranty card or in another place regarding the granting of a warranty. The Seller indicates that in the event of non-compliance of the Product with the contract, the Customer is entitled to legal remedies by operation of law on the part of and at the expense of the Seller and that the warranty does not affect these legal remedies.
6.10 Included in point 6.81 The provisions relating to the consumer of the Regulations also apply to a Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available to him/her. pursuant to the provisions on the Central Registration and Information on Business.
7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1 Methods of resolving disputes without court participation include (1) enabling the parties' positions to be approximated, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation and (3) resolving the dispute and imposing its solution on the parties, e.g. as part of arbitration (arbitration court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, rules of access to these procedures and a friendly search engine for entities dealing with amicable resolution of disputes are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/ .
7.2 There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone - by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail - by sending a message to the following address: kontakt.adr@uokik.gov.pl lub (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3 The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims: (1) an application for resolution of the dispute to a permanent consumer arbitration court; (2) an application for out-of-court resolution of the dispute to the provincial inspector of the Inspection; or (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including incl Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl oraz under the consumer hotline number 801 440 220 (the hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call fee according to the operator's tariff).
7.4 At http://ec.europa.eu/odr a platform for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service provision contract (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8. RIGHT TO WITHDRAW FROM THE CONTRACT
8.1 A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point. 88 of the Regulations. To meet the deadline, it is enough to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8.11 in writing to the following address: ul. Poznańska 216B, 88-100 Inowrocław;
8.12 in electronic form via e-mail to the following address: info@multigenus.com.
8.2 The return of the Product - movable items (including movable items with digital elements) as part of withdrawal from the contract may take place to the address provided to the Customer at the time of submitting his declaration of withdrawal from the contract.
8.3 A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point. 12 of the Regulations. The consumer may use the template form, but this is not obligatory.
8.4 The period for withdrawal from the contract begins:
8.41 for a contract under which the Seller releases the Product, being obliged to transfer its ownership - from the taking into possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consist in regular delivery of Products for a specified period of time - from taking possession of the first Product;
8.42 for other contracts - from the date of conclusion of the contract.
8.5 In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.6 Products - movable items, including movable items with digital elements:
8.61 The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product - movable property, including movable property. with digital elements (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest regular delivery method available in the Online Store). The seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or the consumer provides proof of sending it back. , depending on which event occurs first.
8.62 In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.
8.63 The Consumer is responsible for reducing the value of the Product - a movable item (including a movable item with digital elements) - resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7 Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.71 In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer. costs.
8.72 In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product. In the case of products that cannot normally be returned by post (oversized shipments), the consumer may incur higher shipping costs, in accordance with the following sample price list from one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex.
8.73 In the case of a Product - a service, the performance of which - at the express request of the consumer - began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided by moment of withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.8 The consumer is not entitled to withdraw from a distance contract in relation to contracts:
8.81 (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledge it; (2) 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 deadline for withdrawal from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - non-prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the provision are Products - movable items (including movable items with digital elements) - which, after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to for additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has completed the provision, he will lose the right to withdraw from the contract , and acknowledged it, and the Seller provided the consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay a price, for which the consumer has expressly requested the Seller to come to him for repairs, and the service has already been fully performed with the express and prior consent of the consumer.
8.9 Included in this Section 8. The provisions relating to the consumer of the Regulations apply to contracts concluded from January 1, 2021. also to the Service Recipient or Customer who is a natural person concluding a contract directly related to his/her business activity, if the content of this contract shows that it does not have a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on Central Registration and Information on Economic Activity.
9. PROVISIONS APPLICABLE TO ENTREPRENEURS
9.1 The seller does not allow entrepreneurs to make purchases.
10. PRODUCT OPINIONS
10.1 The Seller allows its Customers to issue and access opinions about Products and the Online Store on the terms specified in this point of the Regulations.
10.2 It is possible for the Customer to issue an opinion after using the form enabling adding an opinion about the Product or Online Store. This form may be made available directly on the Online Store's website (including via an external widget) or may be made available via an individual link received by the Customer after purchase to the e-mail address provided by him. When adding an opinion, the Service User may also add a graphic rating or photo of the Product - if such an option is available in the opinion form.
10.3 Adding opinions by Customers cannot be used for illegal activities, in particular for activities constituting an act of unfair competition or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Regulations and good practices.
10.4 Opinions may be shared directly on the Online Store website (e.g. for a given Product) or on an external website collecting opinions with which the Seller cooperates and to which it refers on the Online Store website (including via an external widget located on the Online Store website).
10.5 Any comments, appeals against the verification of the opinion, or reservations as to whether a given opinion comes from the Customer or whether a given Customer has purchased a given Product may be reported in a manner analogous to the complaint procedure indicated in point 6. Regulations
10.6 The Seller does not post or commission any other person to post false opinions or recommendations of Customers and does not distort the opinions or recommendations of Customers in order to promote its Products. The seller provides both positive and negative opinions. The seller does not provide sponsored reviews.
11. FINAL PROVISIONS
11.1 Agreements concluded via the Online Store are concluded in Polish.
11.2 Changes to the Regulations:
11.21 The Service Provider reserves the right to make changes to these Regulations for important reasons, i.e.: changes in legal provisions; changes in payment or delivery methods or timing, becoming subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; adding new Electronic Services; the need to counteract unforeseen and direct threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other cybersecurity threats - to the extent that these changes affect the implementation of the provisions of these Regulations.
11.22 Notification of proposed changes is sent in advance at least 15 days before the date of entry into force of these changes, provided that the change may be introduced without the 15-day notice period if the Service Provider: (1) is subject to an obligation to legal or regulatory basis under which it is obliged to amend the Regulations in a way that prevents it from meeting the 15-day notice period; or (2) must, by way of exception, amend its Regulations to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to in the previous sentence, changes are introduced with immediate effect, unless it is possible or necessary to apply a longer deadline for introducing changes, which is each time notified by the Service Provider.
11.23 In the case of continuous contracts (e.g. provision of Electronic Services - Account) The Service Recipient has the right to terminate the contract with the Service Provider before the expiry of the notification period about the proposed changes. Such solution becomes effective within 15 days from the date of receipt of the notification. In the event of concluding a continuous contract, the amended Regulations are binding on the Service Recipient if he has been properly notified of the changes in accordance with the notification period before their introduction and has not terminated the contract during this period. Additionally, at any time after receiving notification of changes, the Service User may accept the changes and thus waive the further duration of the notification period. In the event of concluding an agreement of a different nature than continuous agreements, changes to the Regulations will not in any way violate the rights acquired by the Service User before the date of entry into force of the changes to the Regulations, in particular, changes to the Regulations will not affect Orders already placed or submitted as well as concluded, implemented or performed orders. Sales Agreements.
11.24 If a change to the Regulations results in the introduction of any new fees or an increase in current fees, the consumer has the right to withdraw from the contract.
11.3 The Seller as a distributor of equipment within the meaning of Art. 4 point 2 of the Act of September 11, 2015. on waste electrical and electronic equipment (Journal of LawsAT from 2015 pos. 1688 as amended) reports the following:
11.31 It is prohibited to dispose of used electrical and electronic equipment (marked with the selective collection symbol) together with other waste. The holder of waste equipment from households is obliged to hand it over to a waste equipment collector or an entity authorized to collect waste equipment.
11.32 The seller is obliged to collect used equipment from households free of charge at its sales points, provided that the used equipment is of the same type and performed the same functions as the equipment sold.
11.33 When delivering equipment intended for households to the Customer, the Seller is obliged to collect used equipment from households free of charge at the place of delivery of the equipment, provided that the used equipment is of the same type and performed the same functions as the delivered equipment. The intention to transfer used equipment to the Seller in the above-mentioned case should be reported electronically via e-mail to the following address: info@multigenus.com.
11.34 Waste equipment handed over to the Seller should be complete and properly prepared for shipment, in a way that enables its safe transport. The Seller has the right to refuse to accept waste equipment if, due to its contamination, it poses a threat to the health or life of the Seller or persons authorized to accept waste equipment.
11.35 Information about sample waste equipment collection points throughout the country is available after using the search engine in the register of entities - BDO at the Internet address: https://rejestr-bdo.mos.gov.pl/.
11.4 Pursuant to the Act of April 24, 2009 on batteries and accumulators (Journal of LawsAT200979666, as amended. died), the Seller is obliged to accept used batteries (within the meaning of the Act on batteries and accumulators) and used accumulators (within the meaning of the Act on batteries and accumulators) from the Customer who is an end user within the meaning of the Act on batteries and accumulators.
11.5 In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of July 18, 2002 (Journal of LawsAT 2002 No. 144, item 1204 as amended); Consumer Rights Act; and other relevant provisions of generally applicable law.
12. SAMPLE WITHDRAWAL FORM
(APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Contract withdrawal form template
(this form should be completed and returned only in if you wish to withdraw from the contract)
– Recipient:
MORSEPO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
address provided to the Customer in the message confirming the purchase referred to in point 3.32 Regulations and in the documentation attached to the
multigenus Product.com
– I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) delivery contract the following goods(*) contract for specific work consisting in the performance of the following goods(*)/for the provision of the following service(*)
– Date of conclusion of contract(*)/acceptance(*)
– Name and surname of consumer(s)
– Address of consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete as appropriate.