TERMS AND CONDITIONS OF MOYAMATCHA ONLINE STORE

I. GENERAL INFORMATION

1. The following terms (“Terms”) regulate the use of the online store available at www.moyamatcha.de (“Store”)
2. The store is run by Moya Europe Sp z o.o. company (REGON: 363010610, NIP: PL7010520584) registered at Karłowicza 9a, 02-501 Warszawa, Poland
3. The core business of the Store is retail and wholesale of organic matcha green tea and accessories over the Internet. The Store also provides free services provided by electronic means, in particular in the form of conducting Customer Accounts, newsletter and sharing the functionalities of the Store, including interactive forms for submission of orders.
4. The customers of the Store may be individuals with full legal capacity, as well as legal persons and organizational units without legal personality but equipped with legal capacity. All activities related to the use of the Store services can only be carried out on behalf of legal persons and organizational units by persons authorized to represent the entities (“Customer”).
5. The Store operates in Poland.
6. To make full use of the services, Store customers should use a data communications system with access to an internet connection and a web browser with enabled Javascript, accepting cookies and an e-mail address.
7. Customers are prohibited from unlawful content delivery. Any actions that would destabilize the work of the Store, hinder the access to the content, or the use of the Store, are specifically prohibited. It is also forbidden to take other actions to the detriment of the Seller, Customers or that would threaten their rights and interests.
8. The Seller indicates that the use of the Internet and electronic services carries the risk of malware, as well as unauthorized access to customer data getting into an ICT system and the user’s device. In order to minimize these risks, customers should use appropriate engineering controls, including, in particular, use of appropriate anti-virus software and protect user identification on the Internet.

II. OFFER

1. All prices are expressed in Polish zloty and EURO, and are gross prices (including VAT).
2. Prices do not include shipping costs, which are added to the final cost of the contract depending on the method of delivery chosen by the Customer, the value of the order and promotions on costs associated with delivery valid on the day of the order. A Customer placing an order is informed about delivery costs, which together make up the value of the contract.
3. The Store exercises due diligence to ensure that product images reflect their true color and texture. The colors in the product images may differ slightly from reality as a result of different screen resolutions on which images are displayed or use of flash. In case of doubt, please contact the Store prior to purchase.
4. When the Customer has made an effective order, he receives an automated response from the Store confirming receipt of Order to the specified e -mail address. Confirmation of dispatch shall be considered a declaration of acceptance of the offer by the Store, which signifies a contract of sale.
5. The Store reserves the right to change the prices of goods on offer, introducing new products to the offer, organizing promotional activities on the Store Website. Changes of the terms of the contract, including the price, cannot take place after a Customer has made an order.

III. ORDERS

1. Orders can be submitted electronically by Customers through their individual account at www.moyamatcha.de.
2. Opening an individual account by a Customer (“Registration”) is done by correctly filling in the registration form found on www.moyamatcha.de.  The customer form should indicate the following:
   1. name and surname or company name
   2. the address of the place of residence or registered office
   3. the address of delivery (if different from the address of the place of residence or registered office)
   4. Tax Identification Number (NIP- in case of purchases for business purposes)
   5. number of landline or mobile phone – for contact
   6. e-mail address
   7. the name of the Customer for identifying purpose in the use of the Store (login)
   8. password.
   1. placing the goods ordered in the shopping cart on the page and determining its quantity
   2. confirmation of personal data and consent to processing of data in order to perform the contract
   3. choosing the place of delivery
   4. selecting the payment method
   5. choosing the method of delivery and acceptance of delivery costs
   6. confirmation of the order.
3. The creation of such an account allows registered Customers to make orders without the need to always fill out the order form, track the status of submitted orders and allows viewing the history of their purchases.
4. Orders can also be submitted using the form on www.moyamatcha.de without the necessity of registration.
5. Placing an order on behalf of a legal person or an organizational unit without legal personality is tantamount to stating that the person submitting the order is authorized to represent the entity on whose behalf the order was placed. Placing an order without proper authorization will result in the person placing the order being liable for any damages resulting from this fact.
6. An order is placed by performing the following steps:
7. Submission of an incorrectly completed form will not be treated as though the Customer has made an order.
8. In case of doubt about the form submission relating to the correctness of the form filled out by the Customer (in particular with regard to customer data), the Store will get in touch with the Customer in order to receive clarification. In the absence of an explanation from the Customer, the Store can refuse to confirm and execute the contract, which the Store is obliged to immediately notify the Customer of.
   

IV. PAYMENT METHODS

1. Bank transfer – transfer of receivables onto Store account
   Raiffeisen Polbank, account no. 67175000120000000031343283
2. Credit/debit cards and transfers accepted via the PAYPAL platform, conducted by the company PayPal (Europe) S.à r.l. & Cie, S.C.A with its registered office under the address: L-1150, Luksemburg (www.paypal.com)
3. cash on delivery (only for purchases made in Zlotys and delivered in Poland).
   1. The customer placing an order has the right to choose among the following forms of payment depending on personal preference and the chosen method of delivery of the goods ordered:
   2. In the case of a bank transfer being selected as the payment method, the order is carried out only after receipt of the price with shipping costs on the Store account.

V. DELIVERY

1. Within Poland and abroad, the merchandise is delivered via an external carrier courier.
2. The cost of delivery by an external carrier is dependent on the type of product (size, weight) and place of delivery.
3. The Store informs each Customer of the cost of delivery at the time of ordering.
4. The cost of delivery is an additional cost to the price of goods and will be added to it.

VI. TIME OF COMPLETION

1. The first term of the contract generally does not exceed 7 working days (Monday – Friday, excluding Saturdays, Sundays and public holidays), unless the Seller has agreed with the Customer on another delivery time convenient for the customer exceeding 7 working days. An exception may be a contract for articles that are currently unavailable. In this case, before confirming the order, i.e. taking it to execution, the Store promptly notifies the Customer of the expected date of delivery and determines whether the customer wishes to maintain the order.
2. The Customer can check the Order Status on the Store website in the “Order History” section after logging in to his or her individual account

VII. RECEIPTS AND VAT INVOICES

1. For each item purchased in the Store, the original receipt or invoice is included.
2. If, at the stage of registration or submission of order, the Customer did not provide the tax identification number (NIP), and indicated a demand for an invoice, the invoice may not include the NIP.
3. Upon request by the Customer, the Store will complete the content of the invoice with the Tax Identification Number provided by the Customer.

  VIII. PRODUCT DELIVERY

1. The moment of release of the goods is the time of receipt of the goods from the carrier.
2. Proof of release of the goods is the document issued or bill of lading signed by the Customer.
3. The Store is liable for any damage to the goods that have occurred during transport.

IX. LIABILITY FOR PRODUCT DEFECTS AND NON- AGREEMENT

The consumer and the entrepreneur

1. If the Customer is not a natural person, who purchases the products for purposes unrelated to the activities of a professional or business nature (entrepreneur), then the contract of sale shall be governed by the Civil Code of the sale (Act of April 23rd, 1964 – Civil Code (Journal of Laws No. 16, item . 93, 1971, as amended.). Complaints and claims in respect of defects in goods (things) can be reported in accordance with these regulations. In this case, the provisions of paragraphs 2 and 8-11 do not apply.
2. In the event that the Customer is a natural person, who purchases the products directly unrelated to their professional or commercial activities (Consumer ), then the purchase agreement adheres to the provisions of the Act of July 27th, 2002 on the specific conditions of consumer sale and amendments to the Civil Code (Journal of Laws No. 141, item . 1176). Complaints and claims for non-compliance of the product (commodity) with the agreement may be reported in accordance with these terms, as well as through the following procedure.Checking shipments
   
3. The Customer should determine the status of the consignment at the time of receipt, and in the case of a trace of the consignment or its seals, closures and walls having been breached or other damage, the Customer should inform the carrier of his reservations and request the preparation of a protocol to determine the status of the shipment.
4. In the event of damage or loss of the consignment, which could not be seen at the stage of receiving the delivery, the Customer should notify to the carrier immediately upon noticing and request preparation of a damage report.
5. Not having a protocol determining the status of the consignment does not preclude the submission of a claim (claims arising from product defects or non-compliance with the agreement), and is intended only to accelerate its consideration and to facilitate the proceeding.Complaints
   
6. Complaints may be filed:
   1. in writing to the address of the Seller – Moya Europe Sp z o.o., Karłowicza 9a, 02-501 Warszawa, Poland
   2. electronically to the e – mail contact@moyamatcha.de
7. In order to make the complaint process run as smoothly as possible, the complaint ought to include: Customer data, the cause of the complaint, the scope of requests or a complaint can be made through the form available on the Store website. Goods must be sent back along with the claim to the address of the Store. This does not apply in cases in which sending the product is unnecessary for clarification of the matter, and the Customer only requests a reduction of the price, if he is entitled to such. The customer is obliged, however, to send the product to the address of the Store if the Store deems it necessary. The Customer should attach proof of purchase – the invoice or receipt, as far as this is possible.
8. If the goods are not in accordance with the contract, the Consumer may demand that it be upgraded by free repair or replacement with a new product, unless a repair or replacement is impossible or requires excessive costs. In this case, the Customer may request an appropriate price reduction or replacement with a new one.
9. The consumer loses these rights if, he does not notify the Seller of the goods not being in accordance with the agreement within of two months of receiving them. For the deadline to be met, it is enough to send notice before the end of this period.
10. The seller is responsible for non-compliance of the goods with the contract only if it is established before the end of two years from the date of the Consumer receiving the goods.
11. Complaints will be dealt with by the Seller within 14 days of receipt of the complaint.
12. The complaints procedure is conducted according to the services provided electronically by the Seller.

 X. TERMINATION OF THE AGREEMENT AND THE RETURN OF GOODS

1. The consumer has the right to withdraw from a contract entered into at a distance, according to the Act of March 2nd, 2000 on the protection of consumer rights and liability for damage caused by dangerous products (Journal of Laws No. 22, item. 271, as amended.).
2. Withdrawal may occur within 10 days from the date of delivery of goods to the consumer, and if the agreement relates to the provision of services from the date of the conclusion, without giving any reasons for withdrawal. To comply with this deadline, a statement must be sent before the expiry of this term to the e-mail contact@moyamatcha.de or mailed to the address – Moya Europe Sp z o.o., Karłowicza 9a, 02-501 Warszawa, Poland. The customer can use the model statement found in Annex 1 to the Terms.
3. The consumer does not have the right of withdrawal in the following cases:
   1. the service started, with the consent of the consumer before the expiry of 10 days from the date of the contract ,
   2. relating to audio and video recordings, and data recorded on data carriers after removing their original packaging by the consumer;
   3. contracts for services for which the price or remuneration depends solely on price movements in the financial market ;
   4. provisions with characteristics specified by the consumer in the contract, or closely associated with his person ;
   5. provisions, which due to their nature cannot be returned or are subject to rapid deterioration ;
   6. provision of press;
   7. services relating to gambling .
4. In case of withdrawal from the contract, the Customer is obliged to return the purchased goods in an unaltered state, unless a change was necessary in the ordinary course of business. This obligation will not be fulfilled in the case of the return of the purchased goods in consignment for delivery. Such items will not be received by the Store.
5. Return of goods by the Customer shall be made immediately, not later than within 14 days. In this case the Consumer bears the costs of returning the goods to the Store.
6. Repayment of funds paid by the client taking into account the cost of shipping the goods to the Customer, will be made promptly, not later than within 14 days of the cancellation.

 XI. PERSONAL DATA

1. The administrator of personal data within the meaning of the Act on the Protection of Personal Data is the Seller – Moya Europe Sp z o.o., Karłowicza 9a, 02-501 Warszawa, Poland
2. The Seller processes the personal data of Customers in order to correctly execute orders and contracts for the provision of electronic services, fulfill other legitimate objectives of administrators or recipients of the data and the purposes for which the customer consents (including for marketing purposes). Clients’ personal data is processed in a secure manner required by the Act of August 29th, 1997 on the protection of personal data.
3. Submission of personal data by the Customer is voluntary, however, the lack of consent to the processing prevents the establishment of an account in the store or making an order.
4. The customer has the right to inspect their data and correct it.
5. The customer is always informed about consent for personal data processing in the Store database, at the stage of ordering and Registration. Consent is given by ticking the appropriate box during Registration or ordering.
6. The Seller uses “cookies”. Information collected using “cookies” allows the customization of services and content to the individual needs and preferences of Customers, as well as to generate general statistics regarding the use of the Store by Customers. Turning off the storage of “cookies” in ones web browser does not prevent the use of the Store, but it may cause some inconvenience or restrictions on its use.

 XII. JURISDICTION

1. In matters relating to disputes between the Store and the Consumer, resulting from transactions subject to these terms, the competent court is a court of law, under the provisions of the law.
2. In cases relating to disputes between the Store and the Customer other than that specified in paragraph. 1, resulting from transactions subject to these terms, the competent court shall be the court of law competent due to the location of the Seller headquarters.

 XIII. CONTACT

1. All correspondence and merchandise returns or complaints should be sent to the address of the Seller – MOYA EUROPE Sp z o.o.Karłowicza 9a, 02-501 Warszawa, Poland.
2. The Customer can also contact the Store through the e-mail contact@moyamatcha.de

 XIV. FINAL PROVISIONS

1. Terms and Conditions are provided solely in electronic form to Customers.
2. The Customer has the possibility to print the Terms and Conditions, as well as to save it on his own data carrier.
3. To the extent permitted by law, the Seller has the possibility to make changes to the Terms, in particular for reasons arising from changes in the law affecting the provisions of the Terms and for technical reasons.
4. Customers with accounts in the Store will be informed of changes in the Terms by e-mail, to the address provided during registration, 14 days before the entry into force of amendments to the Terms. In addition, the altered Terms will be made available on the Store’s website for 14 days prior to the entry into force of the amendments.
5. The Customer once more accepts or refuses the provisions of the new Terms, if the content of the Terms have been amended since the last logon.
6. Orders submitted before the entry into force of the amendments to the Terms are executed in accordance with the wording of the Terms at the time of order submission.
7. Terms are in force since October 10, 2014.