Terms and conditions

Terms and conditions

Last updated: 1 August, 2021

  1. DEFINITIONS

Used in the present Terms of use mean:

  • „Supplier” – an entity providing professional transport services dealing with the delivery of goods ordered by the Customer
  • „Customer” – an individual, legal person or business unit without a legal personality, for which online services may be provided or with which a sales contract may be concluded
  • „Consumer” – an individual who performs a legal transaction with an entrepreneur (eg Service Provider) which is not directly related to its business or professional activity
  • „Account” – an individually assigned to the Customer panel, which is launched on the Website by the Service Provider on the basis of the registration made by the Customer and the agreement concluded by the Customer with the Service Provider for the provision of online services
  • „Entrepreneur” – an individual, legal person or business unit without a legal personality, for which the law grants a legal capacity to conduct a business or a professional activity on its own behalf
  • „Terms of use” – the present Terms of Use
  • „Shop” – a website run by the Service Provider via the Website amumu.pl, through which the Service sells goods online
  • „Durable medium” – a material or tool enabling the Consumer or Entrepreneur to store information personally addressed to them, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used, and which allows the stored information to be restored unchanged
  • „Service Provider” – Kamila Dudojć running a business under the name of „Ilantris Kamila Dudojć”, permanent place of the business at ul. Młodych 67/1, 64-920 Piła, TIN: 7642616373, National Business Registry Number: 367435050.
  • „Website” – Shop’s website where Service Provider runs the Shop, operating at www.amumu.eu
  1. GENERAL PROVISIONS
    1. The owner of the online Shop operating at amumu.eu is: running a business under the name of „Ilantris Kamila Dudojć”, permanent place of the business at ul. Kwiatowa 3A, 64-920 Piła, TIN: 7642616373, National Business Registry Number: 367435050.
    2. The Service Provider runs a Shop via the Website, where they offer the sale of goods and the provision of online services. The rules for using the Shop are stated in the Terms of use. In the range of services provided online, Terms of use are terms referred to in art. 8 of the Act of 18 July 2002 on the provision of online services (Journal of Laws of 2020, item 344, i.e.).
    3. The buyer of the goods offered in the Shop may only be an entity for which, in accordance with the Terms of use and legal regulations, services may be provided by electronic means or with whom a sales contract may be concluded, in particular an adult Website user (including a user who has previously created an Account in the Shop) who placed the order.
    4. Viewing the content of the Website does not require providing any data, in particular creating an Account on the Website.

3. GENERAL CONDITIONS OF SALE

  1. The sale of goods by the Shop takes place by concluding an online sales contract. The contract of sale is concluded by placing an order by the Customer and confirmation of its acceptance by the Service Provider.
  2. The subject of the sales contract may be goods presented on the Website and included in the Shop’’s offer at the time of ordering.
  3. In order to place an order in the Shop via the Website, as well as in order to use the services provided online by the Service Provider via the Website, the Customer must have an active e-mail account.
  4. The use of the Website is possible on condition that you have a device with Internet access. The minimum technical requirements to use the Website are:
    • a web browser in the latest version with JavaScript language support enabled, accepting cookies;
    • Internet connection with a capacity of at least 2 Mbs / s.
  1. The Website uses “cookies” to adapt the Website to the needs of customers. Cookies are small text files sent by the Website to the Customers’ devices. They do not contain any personal data. The customer may disable the use of “cookies” in the web browser of their device, however, this may cause difficulties in using the Website, or even prevent it. A detailed description of the use of “cookies” can be found in the Privacy Policy.
  2. Orders placed by Consumers are carried out according to the prices in force on the day of placing the order, shown next to the photo or description of the goods. The prices of the goods are retail prices and include all taxes. Orders placed by other Customers who are not Consumers (in particular, containing TIN, entrepreneurs’ data), are carried out at the prices indicated in the order confirmation by the Shop.
  3. The goods become the property of the Consumer at the time of their release, i.e. on the date of shipment.
  4. The Shop sells goods in the territory of the Republic of Poland.

 

4. SERVICES PROVIDED BY ONLINE MEANS

  1. By running the Shop, the Service Provider provides the Customer with an online service consisting of providing the Customer with the possibility of viewing the publicly available content of the Shop, which consists of text, graphic and audiovisual content.
  2. If the Customer creates an Account, the Service Provider also provides the Customer with an electronic service consisting in setting up and maintaining this Account on the Website.
  3. A Customer who has created an Account may at any time request the Service Provider to delete the Account, in the manner described in § 5 sec. 6 of the Terms of Use. In the event of a request to delete the Account by the Customer, the Service Provider will delete the Account within no more than 14 days from the date of the request.
  4. The services provided by online means, referred to in this paragraph, are free of charge.
  5. The Service Provider is entitled to block the Customer’s access to the services described in this paragraph in the event of:
    • the Customer taking actions to the detriment of the Service Provider, Shop, other Customers or third parties;
    • breach of the law, Terms of use or good manners by the Customer
    • detection of undesirable activities violating the security rules, in particular breaking the Website’s security.
  1. In the event of blocking access to services provided online, the Service Provider will notify the Customer via their e-mail address provided during the Account registration.
  2. Blocking the access to services provided online, including the Account, lasts for the period necessary to determine and resolve the reason for blocking the service.
  3. Any problems, comments or notifications about irregularities in the services provided online may be reported by the Customer via e-mail to: shop@amumu.eu
  4. The Customer has the right to terminate the contract for the provision of online services at any time, including the Account services on the Website by deleting the Account created as part of the registration.
  5. The Service Provider has the right to terminate the contract for the provision of electronic services at any time, with a 14-day notice period, which starts on the date of notifying the Customers via their e-mail address indicated in the Account, for important reasons, e.g. in the event of cessation of business or shop activities; violation of the Terms of use by the Customer; non-acceptance of the amended Terms of use by the Consumer within 90 days of notification of the change.

 

5. ACCOUNT REGISTRATION

  1. Placing orders is also possible without prior Account registration on the Website.
  2. Account registration form is available on the Website. In order to complete it, the Customer has to provide the following information:
    • login, e-mail address and password,
    • data necessary for the fulfilment of subsequent orders referred to in § 8 of the Terms of use,
    • accepting the Terms of use and selecting the “register” option.
  3. The condition for registering the Account is the acceptance of the Terms of use and consent to the personal data processing, on the terms described in the Terms of use and the Privacy Policy available on the Website.
  4. As a result of the registration, the Customer is assigned an account that allows identification of activities undertaken by the Customer via the Website, including placing orders in the Shop. As part of the previously created Account, the Customer has the option of adding an avatar that will be displayed within their Account, and additional data, the completion of which is voluntary, e.g. indicating the delivery addresses of orders and optionally data necessary to issue a VAT invoice.
  5. Access to the Account is possible after entering the login and password assigned to a given Account. The password should be kept secret and protected against unauthorized access by third parties.
  6. The Service Provider provides the option to delete the Account at any time by sending a relevant request to the Service Provider’s e-mail address: shop@amumu.eu. Cancellation of the Account does not affect the fulfilment of orders confirmed by the Service Provider (the contract was concluded, which does not deprive the Consumer of the right to terminate the contract on the terms described in the Terms of use).
  7. The Account service on the Website is provided by the Service Provider free of charge.
  8. The Service Provider may temporarily suspend access to the Account for reasons specified in § 4 sec. 5 of the Terms of use or terminate the access to the Customer’s Account with a 14-day notice period (informing them about it via e-mail), if the Account is used in a way which is inconsistent with the law, Terms of use or not in accordance with its purpose.

 

6. INTELLECTUAL LAW PROPERTY

  1. All rights to the Shop, in particular author’s economic rights to the name of the Shop, the Website and the patterns, forms, logos on the Website belong to the Service Provider, excluding photos and logos presented on the Website for the purpose of presenting goods or services, to whose copyrights belong to third parties.
  2. All names of goods offered for sale in the Shop are used for identification purposes and may be protected and reserved on the basis of the provisions of the Act of June 30, 2000 Industrial Property Right (Journal of Laws of 2020, item 286, as amended) or the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws of 2019, item 1231, as amended).
  3. The use of intellectual property rights, author’s economic rights or personal rights is possible only on the terms set out in the Terms of use and with the express consent of the Service Provider expressed in writing.
  4. The dissemination of the content related to the rights described in this paragraph by the Customer, without Service Provider’s consent, except for the use of the content as part of the permitted personal use, constitutes a violation of the copyright or intellectual property rights of the Service Provider and may result in civil or criminal liability.

 

7. PROHIBITED BEHAVIOUR

  1. It is forbidden for Customers to provide illegal content, as well as to use the Website, Shop or services provided by the Service Provider in a way that is against the law, public decency or violating the rights of third parties, including their personal rights.
  2. It is forbidden to use the Website, Shop and Account to run marketing activities, in particular by publishing advertising, marketing, promotional or sales content.
  3. Any breach of rights, personal rights, public decency, feelings, moral principles, beliefs, principles of fair competition, know-how, a secret protected by law or under a contract on the Website should be immediately reported to the Service Provider via e-mail address: shop@amumu.eu.
  4. The Service Provider undertakes to take appropriate measures to remove the violations referred to in this paragraph.

 

8. ORDERS

  1. The order is submitted by the Customer in an online form using the Internet and the Website’s functions, a declaration of will to conclude a contract of sale of the goods selected by them from the goods that are currently available in the Shop and presented on the Website for the price being the sum of the prices of selected goods and delivery costs.
  2. The order may be placed by the Customer via the Website, 24 hours a day, 7 days a week throughout the year and via e-mail to the following address: shop@amumu.eu.
  3. In the process of placing or ordering, the Customer may express the will to receive a VAT invoice, which may be attached to the shipment or sent the e-mail address provided in the form of an electronic image of settlement documents, such as: VAT invoices with attachments, corrective VAT invoices with attachments and forms. In the event of the will to receive a VAT invoice by Customers who are Entrepreneurs (VAT taxpayers), the Customer should declare such will at the time of placing the order.
  4. The order confirmation will contain a link to the online payment service.
  5. The Shop may contact the Customer by e-mail in connection with the submission or fulfilment of the order.
  6. The order will be delivered to the address indicated by the Customer in the order.
  7. Service Provider is obliged to deliver the ordered goods to the Consumer, free from defects. The service provider also runs a sale of goods with minor defects, but in this case, information about the defect and its description are each time included in the description of such goods.

 

9. PAYMENTS

  1. The prices of products in the Shop’s offer are gross prices in Euro – and include tax on goods and services (VAT). The given prices do not include shipping costs, which are indicated at the time of ordering.
  2. The Customer can choose one of the following payment methods for the ordered products:
    1. bank transfer (prepayment): the payment for the order will be transferred to the Service Provider’s bank account provided in the e-mail confirming the order;
    2. online payment via payu.com. If the transaction is rejected, please contact PayU directly using the contact form.
    3. online payment via paypal.pl. If your transaction is declined, please contact PayPal directly.
  3. The Service Provider will each time inform the Customer via the Website about the date on which the Customer is obliged to pay for the order.
  4. In the event of non-payment by the Customer within the period referred to in § 93 of the Terms of use, the Service Provider has the right to withdraw from the sales contract. In this case, the Service Provider will send the Customer a declaration of withdrawal from the sales contract on a durable medium.
  5. The rules for making payments by Customers via the PayU.com system and the complaint procedure are available at poland.payu.com. The use of payments via the online payment system requires prior acceptance by the Customer of the terms of use of these services. The terms of the provision of these services are available in the link presented on the Website.
  6. The rules for making payments by Customers via the PayPal system and the complaint procedure are available at www.paypal.pl. The use of payments via the online payment system requires prior acceptance by the Customer of the terms of use of these services. The terms of the provision of these services are available in the link presented on the Website.
  7. The Service Provider does not sell or ship cash on arrival.

 

10. ORDER FULFILMENT AND SHIPMENT

  1. In the event of non-payment or confirmation of the order by the Customer within 3 business days, the order will be canceled by the Service Provider, about which the Customer will be notified on a Durable Medium via e-mail.
  2. The order fulfilment starts:
    1. in the case of orders paid by bank transfer – after the funds are credited to the Service Provider’s bank account,
    2. in the case of online payments via the PayU/ PayPal system – when the Customer receives an automatic e-mail with information about accepting the payment.
  3. The order fulfillment time is up to 10 business days, unless a shorter delivery time is indicated in the description of the goods. Detailed information on the order fulfilment is available at https://amumu.pl/dostawa.
  4. As soon as all the goods ordered by the Customer are completed and ready for shipment, the Customer will receive the last message informing about the order status, when it is sent to the Customer.
  5. After sending the order to the Customer, the goods are delivered by courier within 1-2 business days in the territory of Poland.
  6. Changes in the shipment, cancellation of the order under the conditions described in the Terms of use are possible by contacting the Shop at shop@amumu.eu.
  7. The Customer is obliged to examine the delivered parcel in time and in the way accepted for parcels of a given type. In the event of a missing item or damaged parcel, the Customer has the right to require the Supplier’s employee to draw up the appropriate protocol.
  8. The Customer may withdraw the order placed only by e-mail at: shop@amumu.eu. The Customer cannot cancel an order that has already been shipped (the Customer has received a shipping message). The above does not exclude the Consumer’s right to terminate the contract described in 11 of the Terms of use.
  9. If the ordered by the Customer product or products are not in the Shop’s warehouse and ordering them from suppliers will not be possible within the time provided for the order, the Service Provider will inform the Customer about this fact by sending a message to the e-mail address provided by the Customer or by contacting them on the phone to offer an alternative product, divide the order into parts or cancel the order in whole or in part.
  10. In the event that the Customer does not agree to the order fulfilment with alternative products, the order will be canceled in whole or in part, according to the Customer’s choice.
  11. If the order will be divided according to the Customer’s choice described in 10 sec. 10 of the Terms of use, the Customer shall only cover the costs of delivering the first shipment. The delivery costs of the remaining shipments resulting from new orders and splitting the original order will be covered by the Service Provider.
  12. Regardless of the rights described above, in the event that the goods are out of stock or the Customer’s order cannot be processed, the Service Provider has the right to withdraw from the contract within 30 days from the date of its conclusion. If the expected order fulfillment date is longer than 30 days, the Service Provider has the right to withdraw from the contract within the time limit provided for the performance of the order. If the payment for the goods was made in advance – the Service Provider will reimburse the Customer for the goods immediately after canceling the order, but no later than within 14 days from the date of submitting the declaration of withdrawal from the contract.
  13. If the Customer does not make any decisions in the situations referred to in 10 sec. 10 of the Terms of use, including in the event of inability to contact the Customer for reasons not attributable to the Service Provider, the Service Provider may perform the contractual right to withdraw from the contract in its entirety within 30 days from the occurrence of this event.
  14. In the event of cancellation of the order in the situation described in 10 sec. 10 of the Terms of use, when the Customer has already paid for the order, the Service Provider will reimburse the Customer for the amount paid (or its part in the case of partial fulfillment of the order) in accordance with generally applicable law, no later than within 14 days from the date of canceling the order or its part.

 

11. WITHDRAWAL FROM THE CONTRACT AND EXCHANGE OF GOODS

  1. The Consumer may withdraw from the sales contract concluded via the Website, without giving a reason and without incurring costs, except for the cases described in this paragraph, by submitting an appropriate statement to the Service Provider in writing or via e-mail address within 14 days from the date of order completion (delivery of products deadline to the address specified in the order). To meet the deadline, it is enough to send a declaration of withdrawal from the contract, the pattern of which is available on the Website at https://www.amumu.eu/wymiana-i-zwroty, before the deadline expires to the following address: AMUMU, ul. Racławicka 67, 60 -302 Poznań or using the e-mail address: shop@amumu.eu. If the order is delivered in batches (separately), the 14-day period for withdrawing from the sales contract is counted from taking possession (delivery) of the last product from this order.
  2. If the Consumer submits a declaration of withdrawal from the contract via the e-mail address, the Service Provider shall immediately send the Consumer on a durable medium a confirmation of receipt of the declaration of withdrawal from the contract.
  3. The right to withdraw from the sales contract is not entitled to the Consumer in the cases specified in art. 38 of the Act of May 30, 2014 on Consumer rights (Journal of Laws of 2020, item 287, i.e.), i.e. in relation to the following contracts:
    • for the provision of services, if the Service Provider has fully performed the service with the express consent of the Consumer, who has been informed prior to the commencement of the service, that after the Service Provider has performed the service, he will lose the right to withdraw from the contract;
    • in which the price or salary depends on fluctuations in the financial market over which the Service Provider has no control and which may occur before the deadline to withdraw from the contract;
    • in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or used to satisfy their individual needs;
    • in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
    • in which the subject of the service is an item delivered in a sealed package, which after opening cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery;
    • in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
    • in which the Consumer explicitly demanded that the Service Provider came to them for urgent repair or maintenance; if the Service Provider provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the contract with regard to additional services or items;
    • in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
    • for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
    • for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the Consumer’s express consent before the deadline to withdraw from the contract and after the Service Provider informed them about the loss of the right to withdraw from the contract.
  1. In the event of withdrawal, the sales contract is considered void, and the Consumer is obliged to immediately, but not later than within 14 days from the date on which they withdrew from the contract, return the goods delivered to them unchanged to the address of the Service Provider: AMUMU, ul. Racławicka 67 , 60-302 Poznań. The cost of returning the products to the Service Provider is covered by the Consumer. To meet the deadline, it is enough to return the goods to the address of the Service Provider before the deadline.
  2. In the event of withdrawal from the sales contract, the Service Provider returns to the Consumer all payments made by them, including the costs of delivering the goods (except for additional costs resulting from the delivery method chosen by the Consumer, other than the cheapest standard delivery method offered by the Service Provider), immediately, but not later than within 14 days from the receipt of the Consumer’s statement on withdrawal from the sales contract.
  3. The Service Provider may withhold the reimbursement of payments received from the Consumer until the item is returned or the Consumer provides proof of its return, depending on which event occurs first.
  4. The reimbursement of the amount paid by the Consumer is made by bank transfer to the account indicated by the Consumer in the declaration of withdrawal from the sales contract in the case of cash on delivery or to the bank account from which the Consumer made the payment via online bank transfer.
  5. The Consumer is responsible for reducing the value of the goods returned as a result of withdrawing from the contract and using them in a way that goes beyond what is necessary to verify the nature, characteristics and functioning of the goods.

 

12. COMPLAINT CONDITIONS

  1. The Service Provider is liable to the Customer for defects in the goods purchased by the Customer, to the extent specified in the Civil Code (Journal of Laws of 2020, item 1740, i.e.). The Service Provider is liable to the Customer if the sold goods have a physical or legal defect (warranty), where the physical defect is the non-compliance of the delivered products with the contract. The Customer has the right to file a complaint within 2 (two) years from the date of delivery of the goods by the Service Provider.
  2. In order to submit a complaint, the Customer should first contact the Service Provider at the following e-mail address: shop@amumu.eu, providing a completed complaint form (description of the complaint, extent of the complaint), as well as attaching photos of the defective goods and the Customer’s address in order to collect the defective goods by the Supplier indicated by the Service Provider. When submitting a complaint, the goods should be delivered to the Service Provider along with a proof of purchase and a completed complaint form (complaint description, extent of the complaint) to the following address: AMUMU, ul. Racławicka 67, 60-302 Poznań.
  3. The Service Provider will respond to the complaint within 14 days from the date of submission of the complaint and notify the Customer about the further procedure on paper or other durable medium.
  4. If the complaint is considered justified, the Service Provider will replace the defective product with a non-defective one or remove the defect, and will cover the costs incurred by the Customer for delivering the defective product to the Service Provider by the Supplier indicated by the Service Provider, subject to § 12 5 of the Terms of use. The above does not affect the Customer’s ability to demand a price reduction or withdraw from the contract if the defect is significant. The complaint will be considered within 14 days. If it is not possible to replace the goods, remove the defect or reduce the price, the Service Provider will refund the amount in accordance with applicable law.
  5. In the event of the goods’ changed location (eg different country) and the costs of delivering the defective goods to the Service Provider being higher than if the goods remained in the country of original delivery of the goods, the Customer is entitled to be reimbursed for the costs of delivering the defective goods to the Service Provider up to the amount calculated according to the applicable delivery rates in the country where the goods were originally delivered.
  6. If the complaint is considered unjustified, the Service Provider will immediately send the goods back to the Customer at his expense to the address indicated in the complaint form.
  7. The Consumer may use extra-judicial means of dealing with complaints and claims. The rules of access to these procedures are available at the offices and on the websites of poviat (municipal) Consumer advocate, social organizations whose statutory tasks include Consumer protection, Voivodeship Inspectorates of the Trade Inspection.

 

13. PERSONAL DATA

The rules for the processing and protection of personal data are set out in the Privacy Policy available on the Website.

 

14. FINAL PROVISIONS

  1. In matters not covered in Terms of use, the provisions of Polish law shall apply, in particular – the Act of May 30, 2014 on Consumer rights (Journal of Laws of 2020, 287 i.e.), the Act of July 18, 2002 on the provision of electronic services ( Journal of Laws of 2020, item 344 i.e.), the Act of 23 April 1964 – Civil Code (Journal of Laws of 2020, item 1740 i.e.).
  2. Any disputes arising between the Customer who is not a Consumer and the Service Provider will be decided by the court competent for the seat of the Service Provider.
  3. The present Terms of use are valid for orders placed from 1.01.2021.
  4. The Service Provider reserves the right to temporary interruptions in the functioning of the Website, however it does not affect the implementation of confirmed orders.
  5. The Customer declares that the data provided by the Service Provider, in particular personal and company data, delivery and correspondence address, are true and complete. In the event of a change of data, the Customer is obliged to notify the Service Provider of this fact by updating the data on the Account established under the
  6. The Service Provider may amend the Terms of use, subject to the following sentences. The change comes into force within 14 days from the date of posting on the Website information about the change in the Terms of use and notifying Customers who have registered about its change via a message sent by e-mail. The use of the Account by the Consumer requires the acceptance of the amended Terms of use. The amendment to the Terms of use does not apply to orders placed by the Service Provider before its entry into force.
  7. In the event of disputes under the concluded sales contract or the contract for the provision of electronic services, the Service Provider and the Customer undertake to endeavor to resolve the dispute amicably.
  8. The law applicable to the settlement of any disputes related to the implementation of sales contracts and contracts for the provision of electronic services concluded between the Service Provider and the Customer is the Polish law.

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