§1 [GENERAL PROVISIONS]
- These Terms and Conditions define the rules for making purchases in the Mykolaborian online store – https://www.mykolab.eu operated by Myko Piotr Kwiatkowski, ul. Warszawska 196, 05-092 Łomianki, Poland, VAT ID (NIP): 772-226-88-04.
- The terms used in these Terms and Conditions shall mean:
a. Customer – a natural person (having full legal capacity) or a legal entity who has made or intends to make a purchase in the Mykolaborian online store. The Customer may be either a consumer or an entrepreneur,
b. Seller – Myko Piotr Kwiatkowski, ul. Warszawska 196, 05-092 Łomianki, Poland, VAT ID (NIP): 772-226-88-04,
c. Store – the online store maintained by the Seller at https://www.mykolab.eu,
d. Consumer – within the meaning of the Act of 23 April 1964 – the Civil Code – a User who, as a natural person, performs a legal act not directly related to their business or professional activity. For the purposes of these Terms and Conditions, Consumers also include sole proprietors entering into agreements not of a professional nature resulting from the subject matter of their business activity,
e. User Account – an account in the Store assigned to a given Customer, containing the data provided during registration,
f. Terms and Conditions – this document together with all attachments.
- The Store offers mushroom cultures for retail sale via the Internet. These products are available through the Store as finished products.
- By making purchases in our online store, the Customer acknowledges that the Seller does not consent to inducing the purchased product to fruit (commonly referred to as “growing mushrooms”) and personally undertakes to destroy the purchased grow kit using appropriate fungicidal measures before the fruiting process begins, and no later than seventy-two hours from the moment the package is received.
- Detailed information about the products is available on the website https://www.mykolab.eu and may also be provided via email at the Seller’s email address.
- The Customer may contact the Seller by post at the address indicated in point 2b and electronically via email at: contact@mykolab.eu
§2 [CONDITIONS FOR USING THE SERVICE]
- 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 email,
c. use an Internet browser (the latest version is recommended),
d. use a minimum screen resolution of 1024×768,
e. enable cookies in the browser.
- The online store provides electronic services in the form of:
a. registration and maintenance of a User Account,
b. order form,
c. newsletter,
d. contact form.
- The Store does not charge any fees for the provision of the above services.
- The above services are provided for an indefinite period. The Customer may resign from a given service at any time without providing a reason by sending an appropriate email to the Seller’s email address. The Customer may withdraw from the agreement for the provision of any of the services within 14 days from the date of placing the order in the manner specified above.
§3 [CONCLUSION OF AGREEMENTS]
- The agreement is concluded between the Seller and the Customer.
- All prices displayed on the Store’s website are gross prices (including VAT) expressed in Polish zloty (PLN). Product prices do not include shipping costs.
- Orders may be placed via the Store’s website using the order form (without registration) or through a User Account. The Seller does not conduct sales by telephone or email.
- To make a purchase, the Customer selects the products they are interested in by clicking the appropriate button. After selecting the products, the Customer proceeds to the section where the delivery and payment methods are specified.
- 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: the main characteristics of the ordered goods, the total price including taxes and delivery charges, and the Customer’s data provided in the order form.
- To place the order, the Customer is required to confirm the order by clicking the “Buy and Pay” button located below the order summary.
- Clicking the “Buy and Pay” button constitutes the Customer’s acknowledgment that placing the order entails an obligation to pay.
- The sales agreement is concluded when the Customer confirms the order, i.e. upon clicking the “Buy and Pay” button.
- After the Customer places the order, the Seller sends an email confirming acceptance of the order for processing together with information regarding its execution, including: the main characteristics of the ordered goods, order processing time, total price including taxes and delivery charges, and the Customer’s personal data provided in the order form.
- The recording, securing, and making available of the concluded agreement is carried out by:
a. making these Terms and Conditions available on the Store’s website,
b. recording the agreement content in the Store’s IT system.
- The Seller reserves the right to refuse to process an order under the sales agreement if the Customer’s contact details are false.
§4 [PAYMENT METHODS AND DEADLINES]
- The website provides the following payment method for orders:
a. via an external payment provider (prepayment)
- The Customer is obliged to make payment within 3 business days from the date of purchase.
- If a refund is necessary for a transaction made by the Customer, the Seller shall refund the payment using the same payment method used by the Customer.
§5 [DELIVERY METHODS AND COSTS]
- The Customer bears the cost of delivering the ordered products to the destination.
- Products are delivered to the address indicated within the territory of the Republic of Poland. Delivery fees are provided in the panel and in the email confirming acceptance of the order.
- The Seller provides the following delivery methods:
a. courier shipment,
b. Polish Post.
- Order processing time is up to 7 business days from the date the payment for the ordered goods is credited to the Seller’s account (or, in the case of card payments, from the moment positive payment authorization is obtained).
§6 [RIGHT OF WITHDRAWAL]
- The provisions of this paragraph apply exclusively to Customers who are Consumers.
- The Consumer has the right to withdraw from the agreement concluded with the Seller within 14 days from the date of receiving the shipment or personal collection of the goods, without providing a reason.
- The Customer may submit a declaration of withdrawal using the withdrawal form located at the end of these Terms and Conditions, either by post to: Warszawska 196, 05-092 Łomianki, Poland, or electronically to: contact@mykolab.eu
- Submitting a withdrawal declaration without using the form does not affect the validity of the withdrawal. Sending the declaration before the deadline is sufficient.
- The Seller shall immediately confirm receipt of the withdrawal declaration by email (to the address provided when placing the order).
- The Consumer should return the purchased products within 14 days from the date of sending the withdrawal declaration to the Seller’s address.
- If the withdrawal declaration is submitted, the agreement shall be considered not concluded.
- The Consumer bears the direct costs of returning the purchased products.
- The Consumer is liable for any diminished value of the goods resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the goods, such as cleaning costs, repair costs, or removal of tags. To determine the nature, characteristics, and functioning of the goods, the Consumer should handle and inspect them only in the same manner as would be possible in a physical store.
- The Seller is obliged to immediately, and no later than within 14 calendar days from receiving the Consumer’s declaration of withdrawal, refund all payments made by the Consumer, including delivery costs (excluding additional costs resulting from the Customer choosing a delivery method other than the cheapest standard delivery method offered by the Store). The Seller shall make the refund using the same payment method used by the Consumer unless the Consumer explicitly agrees otherwise.
- The Seller may withhold the refund until receiving the Product back or until the Consumer provides proof of having sent it back.
- The right of withdrawal does not apply to agreements:
a. where the subject of the service is goods liable to deteriorate rapidly or having a short shelf life,
b. where the subject of the service is goods delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging has been opened after delivery,
c. where the subject of the service is goods which, after delivery, due to their nature, become inseparably mixed with other items.
§7 [PRODUCT COMPLAINTS (STATUTORY WARRANTY)]
- The Seller is obliged to provide goods and services compliant with the agreement.
- The rules regarding the Seller’s liability towards Consumers under agreements transferring ownership of goods are governed by Chapter 5a of the Act of 30 May 2014 on Consumer Rights, while liability regarding digital content or digital services is governed by Chapter 5b of the same Act.
- The Seller is liable towards the Consumer for any lack of conformity of the goods with the agreement existing at the time of delivery and revealed within two years from that moment, unless the expiry date specified by the Seller is longer. Before the expiry of this period, the Consumer may notify the Seller of the defect using one of the contact methods specified in §1 point 5.
- The Seller confirms receipt of the complaint and requests the Consumer to promptly deliver the non-compliant goods to the Seller for examination of the complaint.
- If the complaint is rejected, the goods shall be returned together with an opinion explaining the grounds for rejection.
- If the Seller does not respond to the Consumer’s complaint within 14 calendar days from the date of receipt, the complaint and the Consumer’s request shall be deemed accepted.
§8 [AGREEMENTS CONCLUDED WITH ENTREPRENEURS FOR PROFESSIONAL PURPOSES]
- The provisions of this paragraph apply exclusively to agreements concluded with Customers who are entrepreneurs placing orders for professional purposes.
- Placing an order on behalf of a legal entity or organizational unit without legal personality constitutes a declaration that the person placing the order is authorized to represent the entity on whose behalf the order is placed. Placing an order without proper authorization results in liability of the person placing the order for any damages arising therefrom.
- The entrepreneur is obliged to inspect the shipment delivered by the carrier in the customary manner, and in the event of shortages or damage, is obliged to take all actions necessary to determine the carrier’s liability.
- The entrepreneur loses rights under the statutory warranty if they fail to inspect the goods in the manner and time customary for such goods and fail to notify the Seller immediately of the defect, or if the defect becomes apparent later and the entrepreneur fails to notify the Seller immediately after discovering it.
- The Seller reserves the right to terminate an agreement concluded with an entrepreneur within 14 days from the date of conclusion without stating reasons.
- Any disputes arising from the execution of agreements concluded between the Seller and the Entrepreneur shall be resolved by the court having jurisdiction over the Seller’s registered office. Polish law shall apply.
§9 [OUT-OF-COURT DISPUTE RESOLUTION METHODS]
- In order to resolve disputes arising from purchases made in the Store, the Consumer may, before bringing the matter before a common court, seek assistance from the following institutions:
a. a permanent consumer arbitration court referred to in the Act of 15 December 2000 on Trade Inspection by submitting an application for resolution of a dispute arising from a sales agreement,
b. the Provincial Inspector of Trade Inspection by submitting a request to initiate mediation proceedings aimed at amicable settlement of the dispute,
c. a district or municipal consumer ombudsman or a social organization whose purpose is consumer protection.
- Detailed information regarding out-of-court dispute resolution methods and access to procedures is available at the offices and websites of institutions such as the Trade Inspection, district (municipal) consumer ombudsmen, consumer protection organizations, and the Office of Competition and Consumer Protection.
- The online dispute resolution platform between consumers and traders at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website providing a one-stop service point for consumers and traders seeking out-of-court settlement of disputes concerning contractual obligations arising from online sales or service contracts.
§10 [FINAL PROVISIONS]
- The Seller reserves the right to amend these Terms and Conditions due to changes in applicable law or changes in the method of concluding and performing agreements. Such changes shall not affect orders and agreements already placed, processed, or completed.
- Matters not regulated by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular the Civil Code of 23 April 1964 and the Act of 30 May 2014 on Consumer Rights. The law applicable to the sales agreement shall be Polish law unless the law applicable at the Consumer’s place of residence grants the Consumer more favorable rights.
- These Terms and Conditions are effective from 01-01-2023.
[WITHDRAWAL FORM]
Addressee
Postal address
I / We () hereby inform () of my / our (*) withdrawal from the sales agreement concerning the following goods:
| Product Name | Price |
|---|
Total
Date of agreement conclusion
Date of receipt of products
First and last name
Address of consumer(s)
Date and signature