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TERMS AND CONDITIONS OF MR. MUSTACHE ONLINE STORE

§1 [GENERAL PROVISIONS]

  1. These terms and conditions define the rules for concluding sales contracts in the Mr. Mustache online store – www.mr-mustache.com, operated by Mr. Mustache Sp. z o.o. with its registered office in Krakow at ul. Kosynierów 15B/1, 31-572 Kraków, entered in the National Court Register maintained by the District Court for Krakow-Śródmieście in Krakow, XI Commercial Division of the National Court Register under KRS number [to be completed], Tax ID: 6751733686, REGON [to be completed], share capital [to be completed].

  2. The terms used in these regulations mean: a) Customer – a natural person with full legal capacity, a legal entity, or an organizational unit without legal personality to which the law grants legal capacity, who has made or intends to make a purchase in the Mr. Mustache online store,

    b) Seller – Mr. Mustache Sp. z o.o. with its registered office in Krakow at ul. Kosynierów 15B/1, 31-572 Kraków,

    c) Store – the online store operated by the Seller under the domain www.mr-mustache.com,

    d) Consumer – in accordance with Article 221 of the Act of April 23, 1964, Civil Code – a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity,

    e) User Account – an account in the Store assigned to a given Customer, containing data provided during registration,

    f) Terms and Conditions – this document together with all attachments.

  3. The Store offers retail sales via the internet of scissors and hair clippers. These products are available in the Store in the form of ready-made products, as well as custom-made or personalized products.

  4. Detailed information about the products is available on the website www.mr-mustache.com and provided via email by the Seller.

  5. The Customer can contact the Seller by mail at the address indicated in point 2b and electronically at the email address: support@mr-mustache.com or by phone [phone number to be provided].

§2 [CONDITIONS OF SERVICE USE]

  1. To place an order through the Store, the Customer must meet the following technical requirements: a) have a computer, laptop, or other device with internet access, b) have access to electronic mail, c) use an internet browser (it is recommended to use the latest version), d) use a minimum screen resolution of 1024×768, e) enable the possibility of saving cookies in the browser.

  2. The online store provides electronic services in the form of: a) registration and maintenance of User Account, b) order form, c) newsletter, d) chat, e) contact form.

  3. The Store does not charge any fees for the provision of the above services.

  4. The services are provided for an indefinite period. The Customer may at any time, without giving any reason, resign from a given service by sending an appropriate email message to the Seller’s email address.

  5. The Customer may withdraw from the contract for the provision of each service without giving any reason within 14 days from the date of placing the order in the manner indicated above.

§3 [CONCLUSION OF CONTRACTS]

  1. The contract is concluded between the Seller and the Customer.

  2. All prices listed on the Store’s website are gross prices (including VAT) set in Polish zloty. Product prices do not include shipping costs.

  3. The Seller takes due care to ensure that the photos of the products reflect their color, character, texture, and condition as accurately as possible. Due to differences in resolution, calibration, and brightness of the Customer’s computer screen or the use of flash, the colors of the products in the photos may differ slightly from reality. Therefore, in addition to the photo, the Store provides a description of the product and its color. In case of doubts, please contact the Seller beforehand.

  4. Orders can be placed using the Store’s website using the Order Form (without registration) or through the User Account. The Seller does not conduct sales by phone or via email.

  5. To make a purchase, the Customer selects the products of interest in the Store by clicking the appropriate button. After finishing selecting products, the Customer proceeds to the tab where they specify the method of delivery of the products and payment for them.

  6. The Customer then clicks the “Buy and Pay” button, which redirects the Customer to a page containing information about the order being placed. This information includes, among others: specification of the main features of the ordered goods, indication of the total price including taxes and delivery charges, presentation of the Customer’s data provided in the order form.

  7. The Customer, in order to place an order, is required to confirm the order by clicking the “Buy and Pay” button located under the order summary.

  8. Clicking the “Buy and Pay” button is equivalent to the Customer’s declaration of knowledge about placing an order entailing the obligation to pay.

  9. The sales contract is concluded when the Customer confirms the placement of the order, i.e., at the moment of clicking the “Buy and Pay” button.

  10. After the Customer places an order, the Seller sends an email confirming the order for implementation along with details regarding its implementation, which includes, among others: specification of the main features of the ordered goods, order execution time, indication of the total price including taxes and delivery charges, presentation of the Customer’s personal data provided in the order form.

  11. The content of the concluded contract is solidified, secured, and made available by: a) making these terms and conditions available on the Store’s website, b) solidifying the content of the contract in the Store’s IT system.

  12. The Seller reserves the right to refuse to execute the order within the framework of the sales contract if the Customer’s contact details are untrue.

  13. In the case of a product made to order or personalized, the Customer makes a purchase of the product through the Store and then provides the Seller with instructions regarding the order in the form of an email message.

§4 [TERMS AND METHODS OF PAYMENT]

  1. The website provides the following forms of payment for the order: a) by bank transfer to the Seller’s bank account (prepayment), b) via an external payment provider (prepayment).

  2. The Customer is obliged to make the payment within 3 working days from the day of making the purchase.

  3. In the event of the need to return funds for a transaction made by the Customer, the Seller will refund the amount using the same payment instrument that the Customer used for payment.

§5 [DELIVERY METHODS AND COSTS]

  1. The Customer bears the cost of delivering the ordered products to the destination.

  2. Products are delivered to the address specified worldwide. Delivery charges for the products are provided in the checkout panel and in the order confirmation email.

  3. The Seller offers the following delivery methods for the products: a) courier service, b) via Polish Post.

  4. The order processing time is up to 2 business days from the payment being credited to the Seller’s account (or, in the case of payment by credit card, from the moment of obtaining positive payment authorization).

§6 [RIGHT TO WITHDRAW FROM THE CONTRACT]

  1. The provisions contained in this paragraph grant rights exclusively to the Customer who is a Consumer.

  2. The Consumer has the right to withdraw from the contract concluded with the Seller within 14 days from the day of receiving the shipment or personal collection of the goods, without giving any reason.

  3. The Customer may submit a statement of withdrawal from the contract using the withdrawal form located at the end of these terms and conditions, by sending it by post to the address: ul. Tyniecka 161, 30-376 Kraków, or to the contact email address: support@mr-mustache.com.

  4. Submitting a statement of withdrawal from the contract without using the form does not affect the effectiveness of the withdrawal. To be effective, it is sufficient to send the statement before the deadline expires.

  5. The Seller immediately confirms by email (to the address provided when placing the order) the receipt of the statement of withdrawal from the contract.

  6. The Consumer should return the purchased products within 14 days from the day of sending the statement of withdrawal to the Seller’s address.

  7. In the event of sending a statement of withdrawal from the contract, the contract is considered not concluded.

  8. The Consumer bears the direct costs of returning the purchased products.

  9. The Consumer is liable for compensation for the reduction in the value of the item resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the item, such as cleaning costs, repair of parts, tearing of tags. To determine the nature, characteristics, and functioning of the goods, the Consumer should handle and inspect them only in the same way as they could do in a physical store.

  10. The Seller is obliged to immediately, no later than within 14 calendar days from the day of receiving the Consumer’s statement of withdrawal from the contract, return all payments made by them, including the cost of delivering the product (excluding additional costs resulting from the Customer’s chosen method of delivery other than the cheapest standard delivery method offered by the Store). The Seller refunds the payment using the same method of payment that the Consumer used unless the Consumer has expressly agreed to a different method of return payment.

  11. The Seller 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.

  12. The right to withdraw from the contract does not apply to contracts: a) in which the subject of the service is a non-prefabricated item, produced according to the Consumer’s specifications or serving to satisfy their individualized needs, b) in which the subject of the service are goods that, due to their nature, are inseparably mixed with other items after delivery.

§7 [LIABILITY FOR CONFORMITY OF PERFORMANCE WITH THE CONTRACT (COMPLAINT PROCEDURE)]

  1. The Seller is obliged to provide services and deliver goods in accordance with the contract. The Seller has a legal obligation to deliver goods free from defects.

  2. The rules regarding the Seller’s liability towards the Consumer for non-conformity of goods with the contract are regulated by the provisions of the Act of May 30, 2014, on consumer rights.

  3. In terms of complaints, the Consumer may exercise the rights granted to them by the provisions of the Act of May 30, 2014, on consumer rights, including for the non-conformity of goods with the sales contract.

  4. The Seller is liable to the Consumer for the non-conformity of goods with the contract existing at the time of delivery and revealed within two years from that moment, unless the expiration date of the goods indicated by the Seller is longer.

  5. The Consumer, before the expiry of the above-mentioned period, may notify the Seller of the detected non-conformity by sending an appropriate message using one of the contact methods indicated in §1 point 5.

  6. The Seller confirms the receipt of the complaint and invites the Consumer to immediately deliver the goods not in accordance with the contract to the Seller, in order to address the complaint.

  7. In the event of an unjustified complaint, the goods will be returned along with an opinion on the unfoundedness of the complaint.

  8. If the Seller does not respond to the Consumer’s complaint within 14 calendar days from the day of delivering the complaint, it is assumed that they acknowledged the Consumer’s complaint and their request as justified.

  9. A Customer who is not a Consumer may exercise the rights entitled to them from the Seller for the warranty for defects, on the terms specified in Art. 556 et seq. of the Civil Code. The Seller is liable to the Customer who is not a Consumer if the sold item has a physical or legal defect (warranty).

  10. The Seller is liable under the warranty if a physical defect is found before the lapse of two years from the day of issuing the goods to the Customer who is not a Consumer.

  11. A Customer who is not a Consumer loses the rights under the warranty if they did not examine the item in time and in the manner adopted for items of this type and did not immediately notify the Seller about the defect, and if the defect came to light later – if they did not notify the Seller immediately after its detection.

§8 [REQUEST FOR REVIEW AFTER PURCHASE]

  1. In order to improve the quality of service and offered products, the Seller may ask the Customer to express an opinion on the purchased products and the quality of service.

  2. The request for review may be communicated to the Customer by means of: a) an email message sent to the address provided when placing the order, b) an SMS message to the phone number provided when placing the order (if provided), c) a review system available on the Store’s website.

  3. Expressing an opinion by the Customer is completely voluntary. Lack of response to the request for review does not affect the execution of the sales contract or future purchases in the Store.

  4. The Seller may use received reviews for marketing purposes, in particular for publication on the Store’s website or in promotional materials, while observing personal data protection regulations.

  5. The Customer has the right to request the removal of their review at any time by contacting the Seller at the email address: support@mr-mustache.com.

§9 [CONTRACTS CONCLUDED WITH ENTREPRENEURS PLACING ORDERS FOR PROFESSIONAL PURPOSES]

  1. The provisions of this paragraph apply exclusively to contracts concluded with Customers who are entrepreneurs placing orders for professional purposes.

  2. Placing an order on behalf of a legal person or an organizational unit without legal personality is tantamount to submitting a statement that the person placing the order is authorized to represent the entity on whose behalf the order was placed. Placing an order without the appropriate authorization will result in the person placing the order being liable for any damages resulting from this fact.

  3. The entrepreneur is obliged to examine the shipment delivered to them via the carrier in a manner customarily accepted, and in the event of a shortage or damage to the product, they are obliged to perform all actions aimed at determining the carrier’s liability.

  4. The Seller reserves the right to terminate the contract concluded with the entrepreneur within 14 days from the day of its conclusion without giving reasons.

  5. All disputes arising from the implementation of the contract concluded between the Seller and the Entrepreneur shall be settled by the court competent for the Seller’s seat. The applicable law is Polish law.

§10 [OUT-OF-COURT WAYS OF SOLVING DISPUTES]

  1. To resolve a dispute arising in connection with purchases made in the Store, the Consumer has the option of using the assistance of the following institutions before bringing the matter to a common court:

    a) use of a permanent amicable consumer court, as mentioned in the Act of December 15, 2000, on Trade Inspection by submitting a request for resolving a dispute arising from the sales contract,

    b) approaching the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings to amicably end the dispute,

    c) seeking help from a district or municipal consumer ombudsman or a social organization whose statutory task is consumer protection.

  2. Detailed information on the possibility for consumers to use out-of-court dispute resolution methods and the availability of procedures is available at the offices and on the websites of institutions such as: Trade Inspection, district (municipal) consumer ombudsmen, social organizations dealing with consumer rights protection, and the Office of Competition and Consumer Protection.

  3. The online dispute resolution platform between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or service contract.

§11 [PERSONAL DATA PROTECTION]

  1. The administrator of Customers’ personal data is Mr. Mustache Sp. z o.o. with its registered office in Krakow at ul. Kosynierów 15B/1, 31-572 Kraków.

  2. Customers’ personal data are processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).

  3. Detailed information regarding the processing of personal data is contained in the Privacy Policy available on the Store’s website.

§12 [FINAL PROVISIONS]

  1. The Seller reserves the right to change these Terms and Conditions due to changes in applicable law or changes in the way contracts are concluded and executed. These changes will not affect placed, processed, or executed orders and contracts.

  2. In matters not regulated by these Terms and Conditions, the provisions of generally applicable law apply, in particular the Act of April 23, 1964, Civil Code and the Act of May 30, 2014, on consumer rights. The law applicable to the sales contract is Polish law, unless the law applicable to the consumer’s place of residence regulates their rights more favorably.

  3. These Terms and Conditions are effective from [date to be completed].


WITHDRAWAL FROM CONTRACT FORM

Recipient: Mr. Mustache Sp. z o.o., ul. Kosynierów 15B/1, 31-572 Kraków

I/We () hereby inform you of my/our () withdrawal from the contract for the sale of the following goods:

Product Name: ………………………..

Price: ………………………..

Total: ………………………..

Date of contract conclusion: ………………………..

Date of receipt of products: ………………………..

Name and surname of consumer(s): ………………………..

Address of consumer(s): ………………………..

Date and signature: ………………………..

(*) Delete as appropriate

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