Terms and Conditions

TERMS AND CONDITIONS OF MOTIVEANDMORE.PL ONLINE STORE, 21 February 2017

I. Definitions

The notions used in these Terms and Conditions refer to:

1. Customer – a natural person, a legal person or an organisational unit without legal personality whose special provisions confer legal capacity, placing an order in our Store.

2. Civil Code - the Act of 23 April 1964. (Journal of Laws No. 16, pos. 93, as amended);

3. Terms and Conditions - these Terms of service provided electronically via Online Store sklep.motiveandmore.pl;

4. Online Store (Store) – online service available at sklep.motiveandmore.pl that allows the Customer – among others – to place Orders;

5. Goods – products presented in our Online Store;

6. Sales Agreement - contract of sale of goods within the meaning of the Civil Code, concluded between Motive & More Ltd. and the Customer, via the Online Store;

7. The Law on Consumer Rights - the Act of May 30th, 2014. Consumer Rights (Journal of Laws of 2014, pos. 827);

8. Act on Electronic Services - the Act of July 18th, 2002 on electronic services (Journal of Laws No. 144, item. 1204, as amended);

9. Order - Customer's declaration of intent, aimed directly to the conclusion of the Sales Agreement, specifying, in particular, the type and number of the items.

II. General provisions

2.1. These Terms and Conditions determine the rules for the use of the Online Store available at sklep.motiveandmore.pl

2.2. These Terms and Conditions are the rules referred to in Article. 8 of the Act on Electronic Services.

2.3. The Online Store available at sklep.motiveandmore.pl is run by Motive&More Ltd.

2.4. These Terms and Conditions define in particular:

a) rules for the registration and use of the account within the Online Store;

b) conditions and rules of the electronic reservation of products available within the Online Store;

c) conditions and rules of placing Orders electronically within the Online Store;

d) rules of Sales Agreement conclusion with the use of the services provided in the Online Shop;

2.5. Using the online shop is possible provided that the ICT system used by the Customer follows the following minimum technical requirements.

2.6. In order to use the online store Customer should themselves have access to a computer or final device with Internet access.

2.7. In accordance with the applicable law, Motive & More Ltd. reserve the right to limit the provision of services via the Online Store to those who are at least 18 years old. In this case, potential Customers will be notified of the above.

2.8. Customers can access these Terms and Conditions at any time via a link found on the main site sklep.motiveandmore.pl and download it or make a print copy.

2.9. The information about the Goods provided on the store website, especially products descriptions, technical and performance parameters as well as the prices are an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.

III. The Rules for the use of the Online Store

3.1. The condition to start using the Online Store is the registration within the website.

3.2. The registration can be completed by filling in and accepting the registration form available on one of the Store web pages.

3.3. The condition of the registration is the agreement with the content of the Terms and Conditions and the provision of data marked as obligatory.

3.4. Motive & More Ltd. can refuse the access to the Online Store to a Customer or limit the access to all or some of the items of the Online Store with the immediate result in the event of a breach of some regulations from the Terms and Conditions by the Customer, especially if the Customer:

a) while registering, provided data that is untrue, inaccurate or outdated, misleading or violating the right of third parties,

b) committed through the Online Store a violation of personal rights of third parties, in particular, the rights of other Customers of the Online Store,

c) present other behaviors that are considered by Motive & More Ltd. as inconsistent with the applicable law or general principles of using the Internet or detrimental to the good name of Motive & More Ltd.

3.5. The person who has been refused the access to the Online Store is not allowed to register on the Store website again without a prior consent from Motive & More Ltd.

3.6. With the aim to guarantee safe communication and transfer of data within the service provided by the Website, the Online Store takes technical and organisational measures appropriate to the seriousness of the safety of services, in particular, measures to prevent an unauthorised acquisition and modification of personal data transmitted over the Internet.

3.7. The Customer is obliged in particular to:

a) not provide or transmit content prohibited by the rules of law, for example, content that promotes violence, defamatory content or content violating personal rights and other rights of third parties,

b) use the Online Store in a manner that does not disrupt the functioning of the Store, in particular by the use of certain software and devices,

c) not taking measures such as: sending and placing within the Online Store any unsolicited commercial information (spam).

d) the use of the Online Store in a way that is not burdensome to other Customers and to Motive & More Ltd.

e) the use of all the content within the Online Store only for personal purposes,

f) the use of the Online Store in a manner consistent with the rules of law in the Republic of Poland, the provisions of the Rules, as well as with the general principles of using the Internet.

IV. Procedure of Sales Agreement conclusion

4.1. In order to conclude the Sales Agreement via the Online Store, enter the Website at sklep.motivandmore.pl and choose the items within the offer of the Online Store, following the information available on the Website and the technical steps prompted to the Customer.

4.2. Choose your items by adding them to the shopping basket.

4.3. While placing the Order – until the moment the “Order” button is clicked – the Customer can modify the data introduced and the Goods chosen. In order to do that, follow the prompts that appear and the information available on the Website.

4.4. Once the Customer provides all the data required, a summary of the Order will be shown to the Customer. The Order summary contains such information as:

a) the items ordered,

b) individual and total price for the goods and service, including the cost of delivery and any extra costs (if applicable),

c) preferred payment method,

d) preferred delivery option,

e) delivery time.

4.5. In order to place the Order, the Customer must accept the Terms and Conditions, provide personal data marked as obligatory and click the “Order and Pay” button.

4.6. Sending the Order by the Customer is a declaration of intention to conclude the Sales Agreement with Motive & More Ltd. in accordance with the Terms and Conditions.

4.7. Once the Order is placed, the Customer receives an e-mail notification with the final summary of all the crucial elements of the Order.

4.8. The Agreement is treated as concluded from the moment of receipt of the above-mentioned e-mail.

4.9. The Sales Agreement is concluded in the Polish language and in accordance with these Terms and Conditions.

4.10. The conditions of payment with the loyalty points for the Goods and the conditions of earning the points is determined by the Terms and Conditions of Motive & More Loyalty Programme.

V. Delivery

5.1. The delivery of Goods is restricted to the area of the European Union. The Goods are delivered to the address indicated while placing the Order.

5.2. The Goods are delivered by a DHL courier. You can also collect the Goods in person. The cost of Delivery is indicated while you are placing the Order.

5.3. Shipping time is 3 working days from the date when the Order was placed. The courier delivers the parcels in Poland within two working days of the day when the Store sends the parcel. In the case of parcels delivered abroad, the shipping time may be from 3 to 5 working days.

5.4. Customers may access these Terms and Conditions at any time on our Store website by clicking the link on the home page of sklep.motiveandmore.pl. The Terms can be downloaded and printed.

Consolidation, a guarantee of security, the access and Customer confirmation of the relevant provisions of the Sales Agreement is made by sending to the Customer via e-mail and by attaching to the parcel with the Goods a printout confirming the Order specifications and the invoice.

VI. Prices and Payment Methods

6.1. The prices of the Goods are provided in Polish Zloty and include all components, such as VAT (with the rate indicated), customs and any other components.

6.2. The Customer can pay for the Goods:

a) with a bank transfer,

b) with a payment through the DotPay system,

c) with a payment card,

d) with cash on delivery.

VII. Right of Withdrawal

You have the right to withdraw from the Sales Agreement within 14 days, without giving a reason.

The deadline to withdraw from the Contract expires after 14 days from the date of purchase.

If you wish to exercise the right of withdrawal, you must inform us of your decision to withdraw from this Contract by an unequivocal statement (eg. a letter sent by post, fax or e-mail).

You can use the Withdrawal from the Sales Agreement form, but this option is not mandatory.

To keep the deadline for withdrawal, it is sufficient to send the notification about exercising the right of withdrawal from the Contract before the deadline for withdrawal.

Effects of withdrawal

If you decide to withdraw from this Contract, we will reimburse all the payments that we received from you, including the costs of the delivery of Goods (except for any additional costs resulting from the choice of a type of delivery other than the least expensive normal delivery we offer), immediately and in any event no later than 14 days from the day on which we receive the information about your decision to exercise the right to withdraw from this Contract. Reimbursement of payments will be done using the same payment method that you used for the initial transaction unless expressly agreed otherwise; in any case, you will not incur any fees in connection with the return.

VIII. Complaints related to Goods

8.1. Motive & More Ltd. as the Seller is liable to the Customer who is a consumer within the meaning of Art. 22 [1] of the Civil Code, under the warranty for defects to the extent specified in the Civil Code, in particular in Art. 556 and Art. 556 [1] - 556 [3] of the Civil Code.

8.2. Any claims arising from a breach of the Customer rights guaranteed by the law or on the basis of these Terms and Conditions should be sent to: sklep@motiveandmore.pl. Motive & More Ltd. agrees to consider each claim within 14 days, and if it was not possible – to inform the Customer within that period about the predicted date by which the complaint will be dealt with.

IX. Complaints related to the service provided electronically

9.1. In Motive & More Ltd., we take action to ensure full proper operation of the Store, to the extent that results from the current technical knowledge. We also make every effort to remove any irregularities reported by Customers within a reasonable time.

9.2. The Customer is obliged to immediately inform Motive&More Ltd. about any irregularities or interruptions in the functioning of the Online Store.

9.3. Any irregularities related to the functioning of the Store can be reported by post to the address: ul. Św. Gertrudy 18/2, 31-046 Kraków, or by e-mail: sklep@motiveandmore.pl or by using the contact form.

9.4. Every Complaint should include the name and surname of the reporting Customer, his/her contact address, as well as the type of the problem and the date when it occurred.

9.5. Motive&More Ltd. agrees to consider each claim within 14 days, and if it was not possible – to inform the Customer within that period about the predicted date by which the complaint will be dealt with.

X. Final Provisions

10.1. The settlement of any disputes that may arise between Motive&More Ltd. and a Customer who is a consumer within the meaning of Art. 22 [1] of the Civil Code, is subject to the relevant courts in accordance with the relevant provisions of the Code of Civil Procedure.

10.2. The settlement of any disputes arising between Motive&More Ltd. a Customer who is not a consumer within the meaning of Art. 22 [1] of the Civil Code is subject to the court relevant to the head office of Motive&More Ltd.

10.3. In the case of any matters not regulated in these Terms and Conditions, applied are the laws of the Civil Code, the provisions of the Act on Electronic Services and other relevant provisions of Polish law.

 

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