Terms and Conditions

Terms and Conditions of the Online Store dated 17.10.2024

License number issued by Legal Geek Creator: 1310cde5-97e0-4aac-97be-e90eb320e2a9.

Terms and Conditions of the Morion Tech Online Store

Specifying, among others, the rules for concluding contracts via the Store, containing key information about the Seller, the Store, and Consumer rights.

Table of contens

• 1 Definitions
• 2 Contact with the Seller
• 3 Technical Requirements
• 4 Shopping in the Store
• 5 Payments
• 6 Order Fulfillment
• 7 Right of Withdrawal
• 8 Exceptions to the Right of Withdrawal
• 9 Complaints
• 10 Personal Data
• 11 Reservations
• Appendix No. 1: Model Withdrawal Form

§ 1 DEFINITIONS

• Business Days – days from Monday to Friday excluding public holidays in Poland.
• Consumer – a Buyer who is a natural person, purchasing in the Store or taking actions to make a purchase, not directly related to their business or professional activity.
• Account – a digital service governed by a separate regulation within the meaning of the Consumer Rights Act, which enables the Buyer to access additional features in the Store free of charge.
• Buyer – any entity purchasing in the Store or taking actions to make a purchase.
• Privileged Buyer – a Consumer or Privileged Entrepreneur.
• Privileged Entrepreneur – a Buyer who is a natural person entering into or intending to enter into a contract with the Seller under the Terms and Conditions, directly related to their business but not of a professional nature for them.
• Terms and Conditions – these regulations.
• Store – the Morion Tech online store operated by the Seller at www.moriontech.com.
• Seller – Morion Tech sp. z o.o. with registered office at Zagórze 204, 32-005 Niepołomice, entered into the National Court Register – register of entrepreneurs by the DISTRICT COURT FOR KRAKÓW ŚRÓDMIEŚCIE IN KRAKÓW, XII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS number 0001004965, NIP 6832075282, REGON 122000161, share capital 100,000.00 PLN.
• Consumer Rights Act – the Polish Act of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SELLER

Postal address: Zagórze 204, 32-005 Niepołomice

Email address: sklep@morion.pl

Phone: +48 12 288 32 44

The cost of a phone call or data transmission made by the Buyer is based on the basic tariff of the telecommunications or internet service provider used by the Buyer. The Seller notes that the cost of an international call or data transmission may be higher than a domestic one, depending on the rates applied by the provider.

§ 3 TECHNICAL REQUIREMENTS

To properly operate the Store, the following are required:

- a device with Internet access

- a web browser supporting JavaScript and cookies.

To place an order in the Store, in addition to the requirements specified above, an active email account is also required.

§ 4 SHOPPING IN THE STORE

The prices of products visible in the Store are total prices for the product.

The Seller notes that the total order price consists of the product price indicated in the Store and, if applicable, delivery costs.

The selected product to be purchased should be added to the cart in the Store.

The Buyer then selects the delivery method and payment method from the available options and provides data necessary for order fulfillment.

The order is placed upon confirmation and acceptance of the Terms and Conditions by the Buyer.

Placing an order is equivalent to concluding a contract between the Buyer and the Seller.

The Buyer may register an Account in the Store or make purchases without registration by providing their data each time an order is placed.

§ 5 PAYMENTS

The following payment methods are available in the Store:

- standard bank transfer to the Seller's bank account;

- by payment card:

  - Visa

  - Visa Electron

  - MasterCard

  - MasterCard Electronic

  - Maestro

- via the payment platform:

  - Autopay

- cash on delivery, i.e., by card or cash at the time of delivery;

- by card or cash upon personal pickup.

If the Buyer chooses to pay via the Autopay platform, the entity providing online payment services is Autopay S.A.

If the Buyer chooses advance payment, the order must be paid within 1 Business Day of placing the order.

By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw this acceptance.

§ 6 ORDER FULFILLMENT

The order fulfillment time is indicated in the Store.

If the Buyer has chosen advance payment, the Seller will begin fulfilling the order after receiving the payment. In the case of payment by transfer, electronic payment, or card – from the date of crediting the Seller’s bank account.

If the Buyer purchases products with different fulfillment times within one order, the order will be fulfilled within the time appropriate for the product with the longest fulfillment time.

Goods are delivered only within the territory of the Republic of Poland.

The following delivery methods are available in the Store:

- by courier service;

- to InPost parcel lockers.

The Buyer may personally collect the goods at the company’s headquarters during opening hours.

If the Buyer selects personal collection, the goods will be ready for pickup within the specified order fulfillment time.

§ 7 RIGHT OF WITHDRAWAL

The Privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.

The withdrawal period expires after 14 days from the day:

- on which the Privileged Buyer took possession of the goods or on which a third party other than the carrier and indicated by the Buyer took possession of the goods;

- on which the Privileged Buyer took possession of the last item, batch, or piece or on which a third party other than the carrier and indicated by the Buyer took possession of the last item, batch, or piece in the case of a contract involving multiple items delivered separately, in batches or pieces.

To exercise the right of withdrawal, the Privileged Buyer must inform the Seller, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by post or email).

The Privileged Buyer may use the model withdrawal form at the end of the Terms and Conditions, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send the information regarding the exercise of the right of withdrawal before the withdrawal period expires.

EFFECTS OF WITHDRAWAL

In the event of withdrawal from the contract, the Seller shall reimburse all payments received from the Privileged Buyer, including the cost of delivery (except for additional costs resulting from the Buyer’s choice of a delivery method other than the least expensive standard method offered by the Seller), without delay and in any event no later than 14 days from the day on which the Seller was informed of the decision to withdraw.

The Seller will refund using the same payment methods used by the Buyer in the original transaction unless the Buyer has agreed otherwise. The Buyer will not incur any fees as a result of such reimbursement.

Unless the Seller has offered to collect the goods themselves, the Seller may withhold reimbursement until they have received the goods back or the Buyer has supplied evidence of having sent back the goods, whichever occurs earlier.

The goods should be returned to: Zagórze 204, 32-005 Niepołomice, without undue delay and in any event not later than 14 days from the day the Buyer communicated their decision to withdraw. The deadline is met if the Buyer sends back the goods before the 14-day period has expired.

The Privileged Buyer bears the direct cost of returning the goods.

The Buyer 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 goods.

If the goods by nature cannot be returned by post, the Buyer will also bear the direct cost of returning such goods. The estimated cost of return will be provided by the Seller in the product description or during the order process.

If a refund is necessary for a transaction made by payment card, the refund will be made to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right to withdraw from a distance contract referred to in § 7 of the Terms and Conditions does not apply to the following contracts:

- where the subject of the service is a non-prefabricated item manufactured according to the Buyer’s specifications or serving to meet their individual needs;

- where the subject of the service is an item that is perishable or has a short shelf life;

- where the subject of the service is an item delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;

- where the subject of the service are items which, after delivery, due to their nature, are inseparably mixed with other items;

- where the subject of the service are audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;

- for the delivery of newspapers, periodicals, or magazines, except for subscription contracts;

- where the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control and which may occur before the withdrawal period expires.

§ 9 COMPLAINTS

• I GENERAL PROVISIONS
• II PRIVILEGED BUYERS
• III BUYERS OTHER THAN PRIVILEGED BUYERS

The Seller is liable to the Privileged Buyer for the conformity of the performance with the contract, as provided by generally applicable law, especially the provisions of the Consumer Rights Act.

Complaints (including those concerning the functioning of the Store) should be submitted to the postal or email address indicated in § 2 of the Terms and Conditions.

If a product is covered by a warranty, information about it and its terms is available in the Store.

The Seller will respond to the complaint within 14 days from the date of its receipt.

Goods

In case of non-conformity of the goods with the contract, the Privileged Buyer may exercise the rights set out in Chapter 5a of the Consumer Rights Act.

The Seller is liable for the non-conformity of the goods with the contract existing at the time of delivery and revealed within two years unless the shelf life of the goods specified by the Seller, its legal predecessors, or persons acting on their behalf is longer.

Under the Consumer Rights Act, in case of non-conformity with the contract, the Privileged Buyer may request:

- replacement of the goods,

- repair of the goods.

Additionally, the Privileged Buyer may submit a statement to:

- reduce the price,

- withdraw from the contract

if:

- the Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;

- the Seller has not brought the goods into conformity with the contract in accordance with Article 43d(4–6) of the Consumer Rights Act;

- the non-conformity persists despite the Seller’s attempts to remedy it;

- the non-conformity is significant enough to justify a price reduction or withdrawal without first using the remedies under Article 43d;

- it is evident from the Seller’s statement or circumstances that the Seller will not bring the goods into conformity in a reasonable time or without significant inconvenience.

For goods subject to repair or replacement, the Privileged Buyer must make them available to the Seller. The Seller shall collect the goods at their own cost.

The Privileged Buyer may not withdraw from the contract if the non-conformity is insignificant.

In the event of withdrawal, the Privileged Buyer shall promptly return the goods to the Seller at the Seller’s expense to the address: Zagórze 204, 32-005 Niepołomice. The Seller will refund the price promptly, no later than 14 days from receiving the goods or proof of their return.

The Seller will refund the price difference due to a price reduction promptly, no later than 14 days from receiving the Privileged Buyer’s declaration.

Alternative dispute resolution and claim procedures

The Seller informs the Consumer of the possibility of using out-of-court complaint and redress procedures. Rules for access to these procedures are available at the offices or websites of entities authorized for out-of-court dispute resolution. The Consumer may use:

- the appropriate European Consumer Centre in the ECC-Net, which provides information and helps resolve cross-border disputes. The service is generally free. List of ECCs by country: https://konsument.gov.pl/eck-w-europie/

- the ODR platform (Online Dispute Resolution) by the European Commission: https://ec.europa.eu/consumers/odr

In Poland, the following options are also available:

- mediation by the Provincial Inspectorate of Trade Inspection, with a request for mediation. This is generally free of charge. Inspectors list: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php

- the permanent consumer arbitration court at the Provincial Inspectorate of Trade Inspection, with a request for resolution. This is also generally free. Court list: https://uokik.gov.pl/stale_sady_polubowne.php

This clause is for information and does not oblige the Seller to use out-of-court dispute resolution.

Use of out-of-court complaint and redress procedures is voluntary for both the Seller and the Consumer.

The Consumer may also use the free help of a municipal or district consumer ombudsman.

To avoid doubt, the Seller notes that the provisions of § 11 section 7 apply to the Seller's liability toward Buyers other than Privileged Buyers concerning complaints.

§ 10 PERSONAL DATA

The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and legal bases of processing, as well as data recipients – is available in the privacy policy provided in the Store, in accordance with the transparency principle of the General Data Protection Regulation (GDPR).

The purpose of processing the Buyer’s data provided in connection with purchases in the Store is the execution of orders. The legal basis for processing personal data in this case is:

- the contract or actions taken at the Buyer's request aimed at concluding it (Art. 6(1)(b) GDPR),

- the Seller’s legal obligation related to accounting (Art. 6(1)(c) GDPR), and

- the Seller’s legitimate interest in processing data to establish, pursue, or defend potential claims (Art. 6(1)(f) GDPR).

Providing data by the Buyer is voluntary but necessary to conclude a contract. Failure to provide data will prevent the contract from being concluded in the Store.

Data provided by the Buyer in connection with purchases in the Store will be processed until:

- the contract concluded between the Buyer and the Seller expires;

- the Seller is no longer legally obliged to process the Buyer’s data;

- the possibility of pursuing claims by the Buyer or Seller related to the contract concluded via the Store ceases;

- the Buyer’s objection to data processing is accepted – in cases where the legal basis for data processing was the Seller’s legitimate interest –

– depending on what is applicable in a given case.

The Buyer has the right to request:

- access to their personal data,

- rectification,

- deletion,

- restriction of processing,

- data portability to another administrator,

and also the right to:

- object at any time to the processing of data for reasons related to their particular situation – regarding the processing of personal data based on Art. 6(1)(f) GDPR (i.e., on legitimate interests pursued by the Seller).

To exercise their rights, the Buyer should contact the Seller using the contact details from § 2 of the Terms and Conditions.

If the Buyer believes that their data is processed unlawfully, they may lodge a complaint with the supervisory authority for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 RESERVATIONS

It is prohibited for the Buyer to provide unlawful content.

Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the duration and for the purpose of fulfilling the order.

All contracts concluded under these Terms and Conditions are governed by Polish law, subject to section 4.

The choice of Polish law for contracts concluded with Consumers does not waive or limit the rights of the Consumer under the mandatory provisions of the law applicable to the Consumer in the absence of a choice of law. This means in particular that if the national regulations applicable to a given Consumer provide broader protection than that under these Terms and Conditions or Polish law – such broader protection shall apply.

Contracts concluded under the Terms and Conditions are made in the Polish language.

In the event of a dispute with a Buyer who is not a Privileged Buyer arising from a contract concluded via the Store, the competent court shall be the court having jurisdiction over the Seller’s registered office.

Any liability of the Seller toward a Buyer who is not a Privileged Buyer under a contract concluded via the Store – to the extent permitted by law – is excluded.

Appendix No. 1: Model Withdrawal Form

MODEL WITHDRAWAL FORM

(This form should be completed and returned only if you wish to withdraw from the contract)

Morion Tech sp. z o.o.
Zagórze 204, 32-005 Niepołomice
email: sklep@morion.pl

– 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 submitted on paper)

– Date

(*) Delete as appropriate.