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Terms & Conditions

okuaku Online Shop Terms and Conditions
Determining i.a. terms of concluding sales contracts through the shop, containing the most important information about the Seller, the shop and Consumer rights.


Section 1 Definitions
Section 2 Seller’s Contact Details
Section 3 Technical Requirements
Section 4 Purchasing at the Shop
Section 5 Payments
Section 6 Performing Orders
Section 7 Right of withdrawal
Section 8 Exceptions from the right of withdrawal
Section 9 Complaints
Section 10 Personal data
Section 11 Restrictions
Appendix 1: Model withdrawal form


Section 1 DEFINITIONS
Account – a free-of-charge function of the Shop (service) which allows the Buyer to register his/her own individual Account at the Shop.
Business days – Monday through Friday with the exception of public holidays in Poland.
Consumer – Consumer in the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer
rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council
Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
Buyer – any entity making a purchase at the Shop whose habitual residence in the European Union.
Terms and Conditions – these Terms and Conditions.
Shop – okuaku online shop maintained by the Seller at the address www.okuaku.com directed to Buyers.
Seller – Entrepreneurs entered into the Central Registry and Information on Business kept by the minister competent for economy:
a. Piotr Pauli, (NIP number (Polish Tax Identification Number) 6572403185, European Union VAT Identification Number PL6572403185,
REGON number (Polish National Business Registry Number) 260386251, operating under the business name Mad Mosquito - shareholder in
a civil law partnership
conducting a business activity within a civil law partnership under the name MAD MOSQUITO A. LUDWIKOWSKA, P.PAULI, M. WACH with its
registered office in ul. Księdza Piotra Ściegiennego 163/2, 25-116 Kielce, NIP number (Polish Tax Identification Number) 6572883104, European
Union VAT Identification Number PL6572883104 , REGON number (Polish National Business Registry Number) 260458921. .


Section 2 SELLER’S CONTACT DETAILS
1. Postal address: ul. Księdza Piotra Ściegiennego 163/2, 25-116 Kielce.
2. E-mail address: info@madmosquito.org.
3. Phone number: +48516969829.
4. The basic tariff of the telecommunications operator used by the Buyer applies to phone calls made by the Buyer. The Seller points out that
the cost of non-domestic calls may be higher than the cost of domestic calls – depending on the tariff adopted by the Buyer's operator.


Section 3 TECHNICAL REQUIREMENTS
1. A device with Internet access and web browser supporting:
JavaScript and cookie files
are required for the proper functioning of the Shop.
2. An active e-mail account is required to place an order at the Shop, in addition to the requirements specified in subsection 1


Section 4 PURCHASING AT THE SHOP
1. The prices of the goods displayed at the Shop are the total prices.
2. The total price displayed at the Shop includes: price of the good and delivery cost if applicable.
3. The Buyer first adds the chosen good to the Shop cart.
4. Then the Buyer chooses the means of delivery and payment available at the Shop and also provides any data necessary for the performing
of the order.
5. The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
6. Placing the order is tantamount to conclusion of the contract between the Buyer and the Seller.
7. The Seller provides the Consumer with a confirmation of the concluded contract, on a durable medium, at the latest at the time of the
delivery of the good.
8. The Buyer can register at the Shop, that is, set up an account at the Shop or purchase goods without registration by providing his/her data
for each potential order.


Section 5 PAYMENTS
1. Subject to subsection 2, the following means of payment are available at the Shop:
a. a regular transfer to the Seller’s bank account.
b. payment platform:
PayPal
PayU
c. cash on delivery payment.
2. Additional information about the means of payment can be found at the relevant tab at the Shop, including information about the
possibility of using specific means depending on the Buyer’s country.
3. In case the Buyer chooses to pay for the order in advance, the payment should be made within 7 business days from the date of
concluding the sales contract.
4. The Seller declares that because of the specifics of some means of payment (e.g. electronic payments), their use is only possible
immediately after the order is placed.


Section 6 PERFORMING ORDERS
1. The goods purchased at the Shop are delivered only within the European Union – to the Member States of the EU specified at the Shop
2. Subject to subsection 3, Goods purchased at the Shop are delivered, depending on the mean of delivery chosen by the Buyer:
a. via a delivery company
b. via the Polish Post
3. More information about the means of delivery can be found at the relevant tab at the Shop, e.g. information about the possibility of using
specific means depending on the Buyer’s country.
4. The Seller is obliged to deliver the goods without any defects.
5. The time for order fulfilment is specified at the Shop.
6. If the Buyer chooses to pay for the order in advance, the Seller will commence fulfilment of the Order after having received the payment.
7. If multiple goods are ordered by the Buyer in one order, the order will be performed in the time corresponding to the good with the longest
time for order fulfilment.
8. If the subject of the contract is digital content which is not supplied on a tangible medium – such content will be delivered upon the
expiration of the withdrawal period specified in section 7, unless the Consumer has consented to the beginning of the performance of the
contract during the withdrawal period.


Section 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT
only a Consumer has the right to withdraw from the contract
1. A Consumer has the right to withdraw from this contract within 14 days without giving any reason, subject to section 8 of the Terms and
Conditions.
2. The withdrawal period will expire after 14 days from the day:
a. on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires physical possession
of the goods – in the case of a sales contract
b. on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires, physical possession
of the last good – in the case of a contract relating to multiple goods ordered by the Consumer in one order and delivered separately
c. of the conclusion of the contract – in the case of a contract for the supply of digital content which is not supplied on a tangible
medium.
3. To exercise the right of withdrawal, Consumer must inform the Seller, using the data specified in section 2 of the Terms and Conditions, of
his/her decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail)
4. The Consumer may use the attached model withdrawal form, however it is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Consumer to send his/her communication concerning his exercise of the right of
withdrawal before the withdrawal period has expired.


Effects of withdrawal
6. If the Consumer withdraws from this contract, the Consumer will be reimbursed all payments received from him/her, including the costs of
delivery (with the exception of the supplementary costs resulting from the Consumer choice of a type of delivery other than the least
expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on
which the Seller is informed about the Consumer's decision to withdraw from this contract.
7. The Seller will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction, unless
the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of such reimbursement.
8. The Seller may withhold reimbursement until the Seller has received the goods back or the Consumer has supplied evidence of having sent
back the goods, whichever is the earliest.
9. The Consumer shall send the goods back or hand them over to the Seller to the following address: ul.Olszewskiego 21/H, 25-663 Kielce
without undue delay and in any event not later than 14 days from the day on which the Consumer communicates his/her withdrawal from
this contract to the Seller. The deadline is met if the Consumer sends back the goods before the period of 14 days has expired.
10. The Consumer will bear the cost of returning the goods.
11. The Consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the
nature, characteristics and functioning of the good.
12. If the goods, by their nature, cannot normally be returned by post, the Consumer will have to bear the direct cost of returning the goods.
The Consumer will be given the information about estimated cost in the description of the good at the Shop or during the process of
placing the order.


Section 8 Exceptions from the right of withdrawal
1. The Consumer does not have the right of withdrawal from a distance contract in the case of the following contracts:
a. the supply of goods made to the Consumer’s specifications or clearly personalised;
b. the supply of goods which are liable to deteriorate or expire rapidly;
c. the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after
delivery;
d. the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
e. the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
f. the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
g. the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by
the Seller and which may occur within the withdrawal period;
h. the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior
express consent and his acknowledgment that he thereby loses his right of withdrawal.
2. No other entity than the Consumer has the right of withdrawal from distance contract mentioned in section 7 of the Terms and Conditions.


Section 9 COMPLAINTS
1. In the case of defects in the good the Buyer can complain about defective good.
2. The Seller is responsible for any defect which becomes apparent within 2 years from the date of delivery.
3. In the case of defect of the good the Buyer can:
a. Request a price reduction.
b. Exercise the right of withdrawal from the contract, if the defect is substantial.
c. Demand an exchange of the good for a good free from defects.
d. Demand that the defect be removed.
4. The Seller requests that complaints be addressed to the postal address or e-mail address specified in section 2 of the Terms and
Conditions.
5. If the delivery of the good is necessary for the examination of a complaint, the Buyer is obliged to hand this good over to the Seller, in the
case of the Consumer at the expense of the Seller, at ul.Olszewskiego 21/H, 25-663 Kielce.
6. If any additional guarantee was provided for the good, the information about it and about its conditions is available in the good description
at the Shop.
7. Complaints concerning the functioning of the Shop should be reported electronically to the e-mail address specified in section 2 of the
Terms and Conditions.
8. The Seller will review the complaint within the period of 14 days.


OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM
9. In case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a:
a. Assistance of competent European Consumer Centre of the EEC-Net. Centres provide Consumers with information about their rights
and assist in solving individual problems with cross border transactions.
The assistance of Consumer Centres is free of charge by default.
A list of Consumer Centres competent for each country can be found at: http://www.konsument.gov.pl/pl/eck-w-europie.html
b. Online Dispute Resolution (ODR) developed by the European Commission, available at:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
10. Furthermore, the following support options are available in the Republic of Poland:
a. Mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed.
The proceedings are free-of-charge by default. A list of Inspectorates can be found at:
https://www.uokik.gov.pl/wazne_adresy.php#faq595.
b. Assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an
application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of
courts is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
c. Free-of-charge assistance of the municipal or poviat consumer advocate.


Section 10 PERSONAL DATA
1. Personal data provided by the Buyer for the purpose of using the Shop are administrated by the Seller.
2. During purchasing goods at the Shop the Buyer provides voluntarily personal data, which is necessary for performing the order.
3. The Buyer has the right to review the personal data which concerns him/her and to demand their amendment.
4. Personal data provided by the Buyer for the purpose of placing and fulfilling the order will be processed by the Seller only for the purposes
referred to in the present section, unless the Parties agree otherwise.


Section 11 RESTRICTIONS
1. The Buyer is forbidden to provide content of illegal nature.
2. Each order placed at the Shop requires conclusion of a separate contract and separate acceptance of the Terms and Conditions. The
contract is concluded for the time and for the purpose of order fulfilment.
3. Terms and Conditions regulations relating to the good are also applicable to the digital content which is not supplied on a tangible
medium.
4. Any dispute arising between the Seller and the Buyer who is not the Consumer will be submitted to the court competent for the Seller’s
registered office.
5. No regulation of the present Terms and Conditions waives or restricts in any way the Consumer rights imposed by the provisions of law.
6. The contracts concluded through the Shop are prepared in Polish or in English – depending on the Buyer’s decision.


Appendix 1. to Terms and Conditions
What follows is a model withdrawal form from the contract which the Consumer may use.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
MAD MOSQUITO A. LUDWIKOWSKA, P.PAULI, M. WACH
ul. Księdza Piotra Ściegiennego 163/2, 25-116 Kielce
E-mail address: info@madmosquito.org
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following
service (*):
...................................................................................................................................................................................................................................
...................................................................................................................................................................................................................................
...................................................................................................................................................................................................................................
– Ordered on(*)/received on(*) ...........................................................................................................................
– Name of consumer(s): .................................................................................................................................
- Address of consumer(s): ...............................................................................................................................
........................................................................................................................................................................
.............................................................................................
Signature of consumer(s):
(only if this form is notified on paper)
Date ............................................
(*) Delete as appropriate.

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