statute

I. GENERAL PROVISIONS

The Online Store available at www.makingmoves.eu is run by MAKING MOVES CORP. BŁAŻEJ SITEŃ with its registered office at ul Piękna 3, 14-133 Stare Jabłonki, NIP: 7412156784, REGON: 385658959, e-mail address: [email protected]

Using the Online Store requires that the end device and the IT system used by the Customer meet the Technical Requirements.

The Regulations are addressed to both Customers who are and non-Consumers, using the Online Store, Electronic Services or concluding Sales Agreements (except for point XII of the Regulations, which is addressed only to Customers who are not Consumers).

Acceptance of the Regulations is voluntary, but necessary to create an Account and / or for the Customer to place an Order.

Whenever the following capitalized terms are used in the further part of the Regulations, they should be understood in the meaning given below, unless the context of their use clearly indicates otherwise:

PRICE - the amount of gross remuneration (including tax) specified in Polish zlotys or in another currency due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The price does not include delivery costs, unless the terms of the Promotion applied by the Online Store state otherwise.

WORKING DAY - one day from Monday to Friday, excluding public holidays.

PASSWORD - a string of alphanumeric characters, necessary for authorization when accessing the Account, specified by the Customer when creating the Account. The Client is obliged to keep the Password confidential (not to disclose it to any third parties).

CUSTOMER - (1) a natural person; or a legal person acting by an authorized person (2); or (3) an organizational unit without legal personality, which the law recognizes as having legal capacity; with full legal capacity. If the Customer is a natural person with limited legal capacity, he undertakes to obtain legally effective consent of his statutory representative for the conclusion of the Service Provision Agreement / Sales Agreement and to present such consent at each request of the Seller, and in principle the Sales Agreements concluded as part of the Online Store are contracts commonly concluded in minor everyday matters.

CIVIL CODE - the Civil Code Act of April 23, 1964.

CONSUMER - a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity.

ACCOUNT - Electronic Service, marked with an individual name (Login) and Password provided by the Customer, a set of resources in the Seller's ICT system, allowing the Customer to use additional functionalities / services. The Customer gains access to the Account using the Login and Password. The customer logs in to his Account after registering in the Online Store. The account allows you to save and store information about the Customer's address data for shipment of Products, tracking the status of the Order, access to the history of Orders and other services provided by the Seller.

CART - a service made available to every Customer who uses the Online Store, consisting in enabling him to place an Order for one or more Products, entering discount codes enabling a Price reduction on the terms set out in separate agreements / regulations, displaying a summary of the Prices of individual Products and all Products in total (including possible shipping costs), displaying the expected date of delivery of the Products. The basket collects the offers submitted by the Customer to conclude a Sales Agreement, i.e. within one Order, you can submit more than one offer to conclude a Sales Agreement.

LOGIN - the Customer's e-mail address provided as part of the Store when creating the Account.

NEWSLETTER - an Electronic Service that allows all customers using it to receive cyclical information from the Seller, in particular about Products, the Online Store, including news and promotions, to the e-mail address or telephone number provided by the Customer, with the express consent of the Customer. The rules for the Seller's provision of the Newsletter services are set out in separate regulations made available as part of the Online Store.

PRODUCT - a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller, for the payment of the Price. All Products presented in the Online Store are brand new.

PROMOTIONS - special conditions of sale or provision of services, regulated on the terms expressed in the Online Store, proposed by the Seller at a specific time, which the Customer may use on the terms set out therein, such as reducing the Price or shipping costs.

REGULATIONS / CONTRACT FOR THE PROVISION OF SERVICES - this document specifying the rules for concluding Sales Agreements and the rules for the provision and use of services provided by the Seller via the Store for customers. The Regulations define the rights and obligations of the Customer and the Seller. In terms of services provided electronically, these Regulations are the regulations referred to in Art. 8 of the Act of July 18, 2002 on the provision of electronic services.

ONLINE STORE - a platform that allows the Customer to place Orders and provide services provided by the Seller, run by the Seller, constituting a set of interconnected websites, available at the Internet address: www.makingmoves.eu.

SELLER - MAKING MOVES CORP. BŁAŻEJ SITEŃ with its registered office at ul. Piękna 3, 14-133 Stare Jabłonki, NIP: 7412156784, REGON: 385658959.

CONTENT / CONTENT - text, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional films, descriptions, comments), including works within the meaning of the Act on copyright and related rights and images of natural persons that are distributed within the Store Internet by the Seller, contractors of the Seller, the Customer or another person using the Online Store, respectively.

SALES CONTRACT - a sales contract within the meaning of the Civil Code, regarding the sale by the Seller to the Customer of the Product for the payment of the Price plus any additional fees, including shipping costs, the terms of which are specified in particular in these Regulations. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after the Seller accepts the Order on the terms set out in these Regulations. The Sales Agreement specifies in particular the Product, its main features, Price, shipping costs and other relevant conditions. Each Product is the subject of a separate Sales Agreement. This also applies when the Seller, as part of the functionality of the Online Store, makes the conclusion or content of the Sales Agreement of a given Product conditional on the conclusion of another Sales Agreement due to the direct relationship between the Products for objective (substantively justified) reasons. The Seller may conclude a Sales Agreement with a Customer who is not a Consumer also as a result of concluding an agreement bypassing the procedure specified in these Regulations, which at the request of either party to the Sales Agreement will be confirmed in the form of an e-mail.

ELECTRONIC SERVICE - the provision of electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services by the Seller to the Customer via the Online Store, in accordance with the Service Provision Agreement. To the extent that services are provided by entities cooperating with the Seller, relevant provisions regarding the rules for using these services can be found in the regulations governing the provision of services by these entities.

CONSUMER RIGHTS ACT, ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended).

TECHNICAL REQUIREMENTS - minimum technical requirements, the fulfillment of which is necessary for cooperation with the ICT system used by the Seller, including the conclusion of the Service Provision Agreement or the conclusion of the Sales Agreement, i.e .: (1) a computer, laptop or other multimedia device with access to The Internet; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024 × 768; (5) enabling cookies and Javascript support in the web browser; in the case of concluding a Sales Agreement by phone: (6) using the telephone ;. To conclude a Sales Agreement, the Customer must have an active e-mail address, and, in certain cases, a keyboard or other device enabling the correct completion of electronic forms.

ORDER - Customer's declaration of will expressing the direct will to conclude a Distance Sale Agreement, submitted using means of distance communication, specifying the Product for which the Customer submits an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and performance of the Sales Agreement. The order of each Product will be treated as an independent offer of the Customer to conclude a Sales Agreement (technical facilitation). This also applies when the Seller, as part of the functionality of the Online Store, makes the conclusion or content of the Sales Agreement of a given Product conditional on the conclusion of another Sales Agreement due to the direct relationship between the Products for objective (substantively justified) reasons. An order may be assigned one number and all offers will be processed simultaneously. The acceptance of the Order means the conclusion of the Sales Agreement (see above).

II. ELECTRONIC SERVICES IN THE ONLINE STORE

The Seller provides the following Electronic Services free of charge to customers via the Online Store:
Account,
enabling Customers to place Orders and conclude Sales Agreements, on the terms set out in these Regulations;
presenting customers with advertising content tailored to their interests;
enabling customers to use the Cart services;
enabling viewing of the Content placed on the Store;

Newsletter.

The Seller additionally provides the following services free of charge via the Online Store to the Customers who have created the Account:
maintaining the Client's session after logging in to the Account (using a browser);
storing and sharing the history of orders with the Customer via the Account.
Using the Account is possible after completing the following steps by the Customer:
completing the registration form and accepting the provisions of these Regulations,
clicking the "Register" field.

The Contract for Provision of Services is concluded upon receipt by the Customer of the confirmation of the conclusion of the Contract for Provision of Services sent by the Seller to the e-mail address provided by the Customer during registration. The account is provided free of charge for an indefinite period. The Customer may at any time and without giving any reason, delete the Account by sending a request to the Seller, in particular via e-mail to the following address: [email protected]

The use of the Cart begins when the Customer adds the first Product to the Cart.

The basket is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer stops placing the Order through it. The basket remembers information about the Products selected by the Customer also after the end of the browser session, including logging out, for a period not longer than 7 days, however, it does not ensure the availability of the items selected by the Customer of the Products in order to allow the Order to be placed at a later date.

The customer is obliged in particular to:
provide only true, current and all necessary customer data in the forms provided as part of the Online Store;
immediately update the data, including personal data, provided by the Seller's Customer in connection with the conclusion of the Service Provision Agreement or the Sales Agreement, in particular to the extent that it is necessary for their proper performance; The Customer may change the data entered when creating the Account at any time using the options available under the Account;

use the services and functionalities provided by the Seller in a way that does not interfere with the functioning of the Seller, the Online Store;

use the services and functionalities provided by the Seller in a manner consistent with the law, the provisions of the Regulations, as well as with the customs and rules of social coexistence adopted in a given scope;

use the services and functionalities provided by the Seller in a way that is not inconvenient for other Customers and for the Seller;

timely payment of the Price and other costs agreed by the Customer and the Seller in full;

not to provide and not to provide any content prohibited by law within the Store, in particular Content that infringes the proprietary copyrights of third parties or their personal rights;

not taking actions such as:

sending or posting unsolicited commercial information in the Online Store or posting any Content that violates the law (prohibition of posting unlawful content);

undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers, or interference with the principles or technical aspects of the Store's operation and payment processing;

unauthorized modification of the Content provided by the Seller, in particular the Prices or Product descriptions provided in the Store;

Complaints related to the provision of Electronic Services may be submitted, for example:

in electronic form via e-mail to the following address: [email protected]

It is recommended that the Customer provide in the description of the complaint:
information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities;

Customer requests and contact details of the person submitting the complaint it will facilitate and accelerate the consideration of the complaint by the Seller. The requirements set out in the preceding sentence take the form of recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

10. The Seller's response to the complaint takes place immediately, no later than within 30 days from the date of its submission, in accordance with Art. 7a paragraph. 1 of the Act, unless a different date arises from the provisions of law or separate regulations.

III. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

The Seller allows placing Orders in the Online Store;

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order.

The Seller allows the Customer to place an Order via the Online Store in the following manner:

The Customer adds the selected Product (s) to the Cart and then proceeds to the order form. As part of the Online Store, the Seller may provide additional services for the Product added to the Cart, e.g. personalization, adding other related Products not available for independent sale in the Online Store.

In the order form, the Customer who has an Account confirms that the data necessary to conclude and implement the Sales Agreement is up-to-date. A User who does not have an Account must fill in the order form on his own in terms of his data necessary for the conclusion and implementation of the Sales Agreement. In any case, providing outdated or untrue customer data may prevent the performance of the Agreement. In the order form, it is necessary for the Customer to provide the following data about the Customer: name and surname, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product / s , quantity of the Product (s), if available, type, color and size of the Product, place and method of delivery of the Product (s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company, and if they have requested, as part of the VAT invoice form, also the tax identification number. As part of the development of Products or services available in the Online Store, the Seller may introduce an obligation to provide in the content of the Order form or in another appropriate place, other information about the Product or the Customer, appropriate, and in the case of personal data also necessary, in particular due to the specificity of the Product or services, e.g. to personalize the Product.

The customer chooses one of the delivery methods provided by the Seller.

The Customer chooses the method of payment of the Price and any other total costs of the Sales Agreement indicated in the order form.

The Customer sends the Seller an Order (submits an offer) using the functionality of the Online Store made available for this purpose (button: "Order and pay"). In the case of a Customer who does not have an Account and has not previously accepted the Regulations, the acceptance of the Regulations is required.

When placing the Order, until the button "Order and pay" is pressed, the Customer has the option of correcting the entered data on his own in the "Cart" panel by adding or removing a given item from the Cart. Removal of an item may automatically remove another item from the Cart due to a direct relationship between the Products.
depending on the chosen method of payment, the Customer may be redirected to the website of an external payment service provider in order to make the payment.

After verifying the Order, without unjustified delay, the Seller sends the Customer a message to the e-mail address provided:

confirmation of acceptance of one or more individual offers for Products submitted as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order for the Products indicated in the message); or
information about not accepting all offers for Products submitted as part of the Order, in particular due to the lack of payment

The Sales Agreement is concluded upon confirmation of the offer (s), i.e. receipt by the Customer of the message referred to above in the scope of the Products indicated therein. In the case of non-prefabricated Products, the Sales Agreement is concluded upon the confirmation of the offer (s), i.e. the Customer's receipt of the message referred to in paragraph 9 lit. and above in the scope of the Products indicated therein, unless the Seller immediately informs the Customer about the inability to perform the service in the scope of the ordered non-prefabricated Product. Then the Sales Agreement in the scope of the offer regarding the non-prefabricated Product is considered void. The Seller sends the Customer confirmation of the terms of the Agreement to the e-mail address provided by the Customer.
If it is not possible to accept all or some of the offers submitted as part of the Order, the Seller will contact the Customer in order to:

informing the Customer about the impossibility of accepting all offers submitted as part of the Order to conclude a Sales Agreement; or
confirmation by the Customer of the will to execute the Order in the part in which the Seller has agreed to accept offers to conclude a Sales Agreement. Then the Customer may cancel the entire Order (in the scope of all offers), which does not violate his right to withdraw from the contract. Cancellation of the Order by the Customer releases the Seller from the obligation to perform it. In the event of cancellation of the Order, paragraph 12 below.
If it is not possible to accept the offers / s submitted as part of the Order, the Sales Agreement in the scope of the Products indicated by the Seller is not concluded, and the Seller shall immediately, not later than within 14 days, return the payments made by the Customer to the extent to which the Sales Agreement does not has been concluded.

Independently, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail or SMS address provided by the Customer or by contacting by phone.
The Seller strives to ensure the availability of Products and the implementation of the Sales Agreement. If it is not possible to perform the service and in other situations specified by law, the relevant provisions of the Civil Code may apply, including art. 493-495 of the Civil Code, in particular regarding the obligation to immediately return the benefit to the Consumer.

The total value of the Order includes the Price, shipping costs and any other costs of optional paid services selected by the Customer. The Seller may specify the minimum value of the Order for which the shipment of the Products is free. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

Promotions in force in the Online Store cannot be combined, unless the provisions of the Promotion expressly provide otherwise.

IV. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

The Seller provides the Customer with various payment methods under the Sales Agreement.
The Customer may choose the following forms of payment for the ordered Goods:

a) bank transfer via the external payment system PayU.pl, operated by PayU S.A. with its seat in Poznań (in this case, the execution of the order will begin after the Seller sends the confirmation of the order acceptance to the Customer and after the Seller receives information from the PayU.com system about the payment by the Customer);

b) payment by credit card. The payment card operator is PayU S. ul. Grunwaldzka 186, 60-166 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0 000274399, NIP: 779-23-08-495, REGON 300523444.

Settlements of transactions with electronic payments and payment cards are carried out according to the Customer's choice through authorized services.

If the Seller does not receive the payment of the Customer who has chosen payment in advance, i.e. payment by bank transfer, electronic payment or payment by credit card, the Seller may contact the Customer to remind him of the payment, including by sending an e-mail. If the payment is not made within 3 days of placing the Order, and then within the additional 2-day period, the offer submitted by the Customer will not be accepted. The Customer may also, until receiving the message about sending the Order, cancel it without incurring any consequences, by contacting the Seller, which does not violate his right to withdraw from the contract - however, this does not apply to non-prefabricated Products manufactured according to the Customer's specifications or serving to satisfy his individual needs.

If the Customer selects the payment on delivery on delivery, the Customer is obliged to make the payment on delivery. Refusal to collect the Product, despite the appointment of an additional appropriate date, is a condition terminating the Sales Agreement. The Customer may also cancel the Order within the indicated period without suffering consequences, which does not violate his right to withdraw from the contract - however, this does not apply to non-prefabricated Products manufactured according to the Customer's specifications or serving to satisfy his individual needs.

V. COST, METHODS AND DELIVERY TIME OF THE PRODUCT

Product delivery is available on the territory of the Republic of Poland and to selected countries indicated in the "Delivery costs" tab in the Online Store and each time on the subpage of a given Product.
The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The currently available methods and delivery costs of the Product are indicated to the Customer in the "Delivery costs" tab in the Online Store and each time on the subpage of a given Product, including when the Customer expresses the will to be bound by the Sales Agreement.

The available delivery methods may depend on the payment method or Product selected by the Customer. The available delivery methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.

The total time of waiting for the Customer to receive the Product (delivery date) consists of the time of preparing the Order for shipment by the Seller and the time of delivery of the Product by the carrier.
The date of delivery of the Product to the Customer is up to 14 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order.

The time of preparing the Order for shipment by the Seller is each time presented on the subpage of a given Product and is counted from the day (beginning of the delivery period):

crediting the Seller's bank account or settlement account - if the Customer chooses the method of payment by bank transfer, electronic payment or payment card
conclusion of the Sales Agreement - if the Customer chooses the method of payment on delivery.
The time of delivery of the Product by a given carrier should be added to the above time, which depends on the form of delivery chosen by the Customer and is each time presented on the subpage of a given Product and in the "Order fulfillment" tab in the Online Store.

VI. PRODUCT COMPLAINT

The basis and scope of the Seller's liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are specified in the provisions of the Civil Code, in particular in art. 556 and following of the Civil Code.
Products presented in the Online Store may be covered by the manufacturer's or distributor's warranty. The detailed conditions of the guarantee and its duration are then specified in the guarantee card issued by the guarantor and attached to the Product.

The Seller is obliged to provide the Customer with a Product without defects.

The complaint may be submitted by the Customer, e.g. in writing to the following address: Making Moves, ul. Piękna 3, 14-133 Stare Jabłonki or by e-mail to the following address: [email protected]. If the complaint concerns the Product, it is usually advisable to deliver it to the Seller together with the complaint in order to enable the Seller to examine the Product.

If the sold Product has a defect, the Customer may:

submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect. The reduced price should remain in such proportion to the price resulting from the contract in which the value of the Product with the defect remains to the value of the Product without the defect. The Customer may not withdraw from the contract if the defect of the Product is irrelevant;

demand replacement of the Product with a Product free from defects or removal of the defect. The Seller is obliged to replace the defective Product with one free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer; with reservations and on the terms specified in the relevant provisions of the Civil Code.

The Customer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Product with a non-defective one or, instead of the replacement of the Product, request the removal of the defect, unless it is impossible to bring the Product into compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect found is taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed.

It is recommended that the Customer provide in the description of the complaint:
information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;
demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement;

and contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Seller.

The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

The Seller will respond to the Customer's complaint immediately, no later than within 14 days from the date of its receipt. If the Customer has requested replacement of the item or removal of the defect, or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days from the date of its receipt, it is considered that the request was considered as justified.
If the Seller responds to the Customer's complaint or to exercise the Customer's rights under the warranty, it will be necessary to deliver the Product to the Seller, in accordance with art. 5612 in connection with joke. 354 § 2 of the Civil Code, the Customer will be obliged to deliver the Product at the Seller's expense to the address Making Moves, ul. Piękna 3, 14-133 Stare Jabłonki.
If, however, due to the type of defect, the type of the Product or the method of its installation, the delivery of the Product by the Customer would be impossible or excessively difficult, the Customer may be asked to make the Product available to the Seller, after prior appointment, in the place where the Product is located.

The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Product to the Customer. The claim to remove the defect or replace the Product with a defect-free one expires after one year from the date of finding the defect, however, in the case of an Order placed by a Consumer - the limitation period may not end before the expiry of the period referred to in the first sentence.

VII. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

The use of extrajudicial means of dealing with complaints and redress is voluntary. The following provisions are informative and do not constitute an obligation of the Seller to use out-of-court dispute resolution. The Seller's declaration of consent or refusal to participate in the out-of-court resolution of consumer disputes is submitted by the Seller on paper or other durable medium if the dispute has not been resolved as a result of the complaint submitted by the Consumer.

Detailed information on the possibility for the Customer who is a Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_...
http://www.uokik.gov.pl/sprawy...
http://www.uokik.gov.pl/wazne_...

The Customer who is a Consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:

The customer is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Sales Agreement.

The customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection, with a request to initiate mediation proceedings regarding the out-of-court settlement of a dispute between the Customer and the Seller.

The customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
The customer may submit a complaint via the ODR internet platform: http://ec.europa.eu/consumers/... . The ODR platform is also a source of information on forms of out-of-court dispute resolution that may arise between entrepreneurs and Consumers.

VIII. THE RIGHT TO WITHDRAW FROM THE CONTRACT

A consumer who has concluded a distance contract may withdraw from it without giving a reason and without incurring any costs other than those provided for by law, within 14 days from the date referred to in the following paragraph. 4 (hereinafter also "Statutory right of withdrawal");

The above does not apply to a contract the subject of which is a non-prefabricated item, manufactured according to the customer's specification or serving to satisfy his individual needs. The implementation of any of the above rights does not affect other contracts, in particular to the extent to which:
were concluded together with the contract covered by the declaration of withdrawal as a result of submitting several Orders by the Customer at the same time, or
The Seller made the conclusion or content of the contract covered by the declaration of withdrawal from the conclusion of another contract conditional due to the direct relationship between the Products.
To meet the deadline, it is enough for the Consumer to submit a statement to the Seller before its expiry. The consumer may submit any unequivocal statement in which he will inform about his withdrawal from the Sales Agreement. The declaration of withdrawal from the Sales Agreement may be submitted, for example:
in writing to the following address: Making Moves, ul. Piękna 3, 14-133 Stare Jabłonki
in electronic form via e-mail to the following address: [email protected];
using the withdrawal form, which is attached as Appendix 1 to these Regulations.

The consumer may use the withdrawal form template, but it is not obligatory.

The period for withdrawing from the Sales Agreement starts from the day the Consumer or a third party designated by him, other than the carrier, takes possession of the Product, and in the case of a Sales Agreement, which:
covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or
consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;

In the event of withdrawal from a distance contract, the contract is considered void.

The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the contract, return the payments made by the Consumer, excluding shipping costs.
If the Consumer exercises the statutory right of withdrawal, the Seller shall refund the payments made by the Consumer using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him. If the payment cannot be reimbursed using the same payment method as used by the Consumer, due to the fact that the Seller no longer supports a specific payment method, the Seller will refund using the payment method that will match the properties as much as possible. the method of payment previously used by the Consumer. If the Consumer exercises the Extended Right of Withdrawal, the Seller may refund the payment using the payment method indicated by the Seller. If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until the Product is returned or the Consumer provides proof of its return, whichever occurs first. If the payment is to be returned to the Consumer's bank account, the Seller will return the payment to the bank account indicated by the Consumer (e.g. in the withdrawal form), and if the Consumer does not indicate the bank account to which the payment is to be refunded, the Seller will return the payment to the bank account with the use of which the Consumer made the payment in connection with the Sales Agreement from which he withdraws. In the event that the payment has been made by the lender in connection with the conclusion of the consumer loan agreement by the Consumer, the Seller shall refund the payment to the lender's account.

The consumer is obliged to immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Making Moves, ul. Piękna 3, 14-133 Stare Jabłonki. Please attach a proof of purchase of the Product or a printed electronic proof of purchase of the Product if possible.

In the event that the Consumer exercises the statutory right of withdrawal, the Consumer shall be liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. The Consumer's liability may include, in particular, the inability to introduce the Product for sale as a full-value Product, the costs of re-placing tags and security elements on the Product, as well as the costs of restoring the Product to a state that allows it to be re-sold in the Online Store, including the costs of testing the Product by a specialist and the costs of removing defects found as a result of such examination (to the extent that these defects result from the use of the Product by the Consumer in a way that goes beyond what is necessary to establish its nature, characteristics and functioning).

The consumer bears only the direct costs of returning the Product. The Seller may, as part of a promotional campaign, offer the Consumer the collection of the returned Products by the Seller from the Consumer.
Subject to the above paragraph. 9, the right to withdraw from a distance contract referred to in paragraph 1 lit. a or b above, the Consumer is not entitled to the Consumer in the cases specified in the provisions of the Civil Code, in particular with regard to contracts:

for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right 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 serving to satisfy his individual needs;

in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery;
in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things.

IX. PERSONAL DATA PROTECTION

The Customer's personal data is processed by the Seller as the personal data administrator.
Providing personal data by the Customer is voluntary, but necessary to create an Account, use certain Electronic Services, conclude a Sales Agreement.
Detailed information on the protection of personal data is contained in the "Privacy Policy" tab available in the Online Store.
If the customer selects payment via the PayU.pl system, his personal data is transferred to the extent necessary for the payment to PayU S.A. with its seat in Poznań (60-166 Poznań, ul. Grunwaldzka 182), entered into the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under the number KRS 0000274399.

X. TERMINATION OF THE CONTRACT FOR THE PROVISION OF SERVICES AND CHANGE OF THE REGULATIONS

The Seller may terminate the Service Agreement at any time with one month's notice for important reasons understood as (closed catalog):

a change in the law regulating the provision of electronic services by the Seller affecting the mutual rights and obligations specified in the contract concluded between the Customer and the Seller or a change in the interpretation of the above provisions of law as a result of court judgments, decisions, recommendations or recommendations competent in a given field or authorities;

a change in the method of providing services caused solely by technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);

a change in the scope or provision of services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing by the Seller the existing functionalities or services covered by the Regulations.
Regardless of the content of paragraph 1, bearing in mind the Seller's special care for the protection of the Customer's personal data and their processing for an appropriate period of time, the Seller may terminate the Service Provision Agreement with immediate effect in the event of the Customer's inactivity in the Online Store for an uninterrupted period of at least 3 years.

The Seller's declaration in the scope specified in sec. 1 and 2 above are sent to the e-mail address provided by the Customer when creating an Account or placing an Order.

The Seller may terminate the Customer's Service Agreement with a seven-day notice period and / or deny him further right to use the Online Store and place Orders, and may limit his access to part or all of the Content, for important reasons, i.e. in the event of gross violation by the Customer of these Regulations, i.e. in situations where the Customer violates the provisions of the Regulations.

For important reasons, i.e. in the event of a gross breach by the Customer of these Regulations, in a situation where the Customer has violated the provisions of point II par. 7 f of the Regulations (closed catalog), the Seller, in order to avoid further damage, may not accept the Customer's offer in the scope of specific forms of payment or delivery. This provision applies regardless of what data the Customer is identified with and what data he provides when placing the Order, and in particular when the Customer simultaneously violates the provisions of point II par. 7 a of the Regulations.

If another Order is placed when selecting a specific method of payment or delivery, the Seller will contact the Customer by sending a message to the e-mail address provided by the Customer in order to notify about a gross violation of the Regulations by the Customer and non-acceptance of the offer using the specified method of payment or delivery, with simultaneous indication of alternative payment or delivery methods. The provisions of point IV sec. 5 of the Regulations shall apply accordingly.

The client to whom the provisions of paragraph 4 or 5 above may use the Online Store or use a specific method of payment or delivery after prior contact with the Seller and obtaining the Seller's consent to continue using the Online Store or use a specific method of payment or delivery.

The Regulations and attachments to the Regulations constitute a contractual model within the meaning of Art. 384 § 1 of the Civil Code.

The Seller may amend these Regulations (with the exception of the provisions of the Regulations, which apply to Customers who are not Consumers and may change at any time on the basis of generally applicable law) in the event of at least one of the following important reasons (closed catalog):

a change in the law governing the sale of Products or the provision of electronic services by the Seller affecting mutual rights and obligations specified in the contract concluded between the Customer and the Seller or a change in the interpretation of the above provisions of law as a result of court judgments, decisions, recommendations or recommendations of offices or bodies competent in a given field;

a change in the method of providing services caused solely by technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);

changing the scope or method of providing services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing by the Seller the existing functionalities or services covered by the Regulations.
In the event of changes to the Regulations, the Seller will provide the consolidated text of the Regulations by publishing in the Online Store and by means of a message sent to the e-mail address provided by the Customer when concluding the Agreement for the Provision of Services, which the Parties recognize as introducing information about the change to the means of electronic communication in such a way that the customer can read its content.
The amendment to the Regulations comes into force after 14 days from the date of sending the information about the change. In the case of Customers who have concluded a Service Provision Agreement, i.e. who have an Account, they have the right to terminate the Service Provision Agreement within 14 days from the date of notification of the amendment to the Regulations. The amendment to the Regulations does not affect the Sales Agreements concluded by the Customer and the Seller before the amendment to the Regulations.

XI. PROVISIONS RELATING TO CUSTOMERS WHO ARE NOT CONSUMERS

This section of the Regulations applies only to Customers who are not Consumers.
The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a Consumer within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.

Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer, and for delay in transporting the shipment.

Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a Consumer is excluded.

In the case of Customers who are not Consumers, the Seller may terminate the Service Agreement or any license agreement concluded on the basis of the Regulations with immediate effect and without giving reasons by sending the Customer an appropriate statement in any form.

Neither the Seller nor its employees, authorized representatives and proxies are liable to the Customer, its subcontractors, employees, authorized representatives and / or proxies for any damage, including loss of profits, unless the damage was caused intentionally by them.

In each case of determining the liability of the Seller, its employees, authorized representatives and / or proxies, this liability towards the Customer who is not a Consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the Price paid and delivery costs under the last Sales Agreement, but not more than up to the amount of PLN 1,000.

Any disputes arising between the Seller and the Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.

With regard to Customers who are not Consumers, the Seller may amend the Regulations at any time on the basis of generally applicable law.

This point of the Regulations, with the exception of point 5, does not apply to customers who are natural persons conducting business activities, who conclude a Sales Agreement with the Seller, a Service Provision Agreement or any license agreement concluded on the basis of the Regulations directly related to their business activity, when the content of a specific contract shows that it does not have it is of a professional nature for the Client, resulting in particular from the subject of his business activity, determined on the basis of the provisions on the Central Register and Information on Economic Activity. These customers are also entitled to withdraw from the contract on the terms provided for in point VIII of the Regulations.

XII. FINAL PROVISIONS

The Regulations are valid from August 27, 2022.
Agreements concluded by the Seller are concluded in English.

Consolidation, security and disclosure of essential provisions of the Agreement for the Provision of Services by Electronic Means takes place by sending an e-mail to the e-mail address provided by the Customer.

Consolidation, security, disclosure and confirmation to the Customer of the essential provisions of the Sales Agreement takes place by sending the Customer an e-mail confirming the submission of the Order (durable medium). The content of the Sales Agreement is additionally recorded and secured in the IT system of the Online Store. After concluding the Sales Agreement, the Seller provides the Customer with a proof of purchase in electronic form or together with the shipment containing the Product. The specification of the Order may also be attached to the shipment. If the Customer requests a VAT invoice, the Customer agrees that the VAT invoice will be sent to the e-mail address provided by him. The seller may introduce technical methods of authenticating the customer before downloading a proof of purchase or a VAT invoice.

The Seller provides technical and organizational measures appropriate to the degree of threat to the security of the functionalities or services provided on the basis of the Service Provision Agreement. The use of Electronic Services is associated with typical threats related to the transmission of data via the Internet, such as their dissemination, loss or unauthorized access to them.

The content of the Regulations is available to customers free of charge at the following URL https://www.makingmoves.eu/statute
In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); provisions of the Act on consumer rights of 30 May 2014 (Journal of Laws of 2014, item 827 as amended); and other relevant provisions of generally applicable law.

The choice of Polish law on the basis of these Regulations does not deprive the Consumer of the protection granted to him on the basis of provisions that cannot be excluded by an agreement between the Seller and the Consumer, under the law which, in accordance with the relevant regulations, would be appropriate in the absence of a choice.