ONLINE SHOP REGULATIONS
1. These Regulations define the general conditions, rules and form of sales
by MOODFORWOOD Marcin Oyrzanowski conducting business activity under the company
Marcin Oyrzanowski based in Warsaw, Poland through the online shop
which runs on the website belonging to Etsy (hereinafter referred to as
the "Online Shop"), under which the Seller sells under the user name
MoodForWood.
Article 1 - Definitions
1. Working days - mean weekdays from Monday to Friday excluding
public holidays.
2. Delivery - means a physical act of providing the Customer by the Seller,
through the Carrier, with Products specified in the order.
3. Supplier - means an entity with which the Seller cooperates in the
Delivery of Products:
a) a courier company;
b) Pocztę Polską S.A. with its registered office in Warsaw.
4. Etsy – means Etsy Ireland UC 66/67 Great Strand Street Dublin 1 Ireland.
5. Customer - means an entity to the benefit of which services may be
provided by electronic means in accordance with the Rules and
Regulations or with which a Contract of Sale may be concluded.
6. Consumer - means a natural person making a legal transaction with an
entrepreneur not directly related to his or her business activity or profession.
7. Materials – contents and multimedia objects (e.g. information, data,
graphics, pictures) including works within the meaning of the Act on
copyright and related rights, as well as images of individuals provided by
the Customer to be placed on the ordered Products.
8. Entrepreneur- means a natural person, a legal person, or an
organisational unit other than a legal person to which legal capacity is
granted by law; such a person shall carry out in its own an economic or
professional activity and perform a legal action directly related to its
economic or professional activity.
9. Entrepreneur with Consumer Rights - means a natural person who
concludes a Contract of Sale directly related to their business activity, if it
appears in the content of the Contract of Sale that they do not have
a professional character for that Entrepreneur, which results, in particular,
from the subject of their business activity, made available on the basis of
the regulations on Central Register and Information on Business Activity.
10. Regulations – mean these regulations.
11. Seller - means Marcin Oyrzanowski running a business under the
company MOODFORWOOD Studio Marcin Oyrzanowski, Ul. J. Chłopickiego 50, budynek 03, 04-275 Warszawa, tax identification number: 7731620330, National Business
Registry Number: 140418886, entered in the Central Register and
Information on Business Activity kept by the Ministry for Economic
Development; e -mail: moodforwood.store@gmail.com, who is also an owner of the
Online Shop.
BDO Number - 000430607.
12. Shop Website - means web pages, under which the Seller sells Products
under the user name MoodForWood, operating in the etsy.com domain.
13. Product - means a product presented by the Seller via the Shop Website
which can be a subject of the Contract of Sale.
14. Durable medium – means material or device enabling the Customer or
the Seller to store information addressed personally to them in a manner
allowing for access to such information for future reference for a period of
time adequate for the purposes of information and allowing the
unchanged reproduction of the information stored.
15. Contract of Sale – means a contract of sale concluded at a distance
under the terms of the Regulations, by and between the Customer and
the Seller.
Article 2 - General provisions and use of the Online Shop
1. All rights to the Online Shop, to the extent not in conflict with the rules of
Etsy, including proprietary copyrights, intellectual property rights to its
name, as well as to patterns, forms, logotypes published on the Shop
Website are the property of the Seller, and they may be exercised
exclusively in a manner described in and compliant with the Regulations
and upon the Seller's consent expressed in writing.
2. The Customer is not allowed to use the resources and functions of the
Online Shop to conduct activities that would infringe the Seller's interests.
3. After conclusion of the Contract of Sale, the Seller confirms to the
Customer the terms and conditions thereof by sending them on a durable
medium to the Customer's e-mail address.
Article 3 - Payments and Orders Fulfilment
1. The Customer has the possibility to determine individual and
characteristic features of the Products.
2. The Customer:
a) is entitled to use proprietary copyrights, industrial property rights
and/or related rights to works, objects of industrial property rights
(e.g. trademarks) and/or objects of related rights, respectively, which
make up the Materials sent by Cutomer for the implementation of an
order;
b) providing Materials for the order concerning personal data, image and
information about third parties took place in a legal manner,
voluntarily and with the consent of the persons concerned.
3. The Customer is not entitled to provide Materials for the order, which
contain information relating to personal data to third parties, and spread
the image of a third party without the legally required authorization or
approval of a third party.
4. The customer can make a payment for ordered Goods by choosing the
appropriate payment method selected from Etsy Payments, depending on
the country of origin from which the payment is made and the final
device, in particular: Credit cards • Debit / bank cards • Etsy Gift Cards
and Etsy Credits • PayPal • iDEAL (the Netherlands only) • Sofort (Austria
and Germany) • Apple Pay • Android Pay.
5. The Seller shall deliver the Digital Content constituting the subject of the
Contract without defects.
6. The Seller shall publish at the Shop Website information on the number of
Working Days needed to execute the Delivery and fulfil the order.
7. The deadline for the Delivery and execution of the order specified on the
Shop Website shall be calculated in the Working Days.
If the delivery address of the Goods is a country outside the European
Union, the total value of the order does not include any fees and taxes
that could be required by the government of the country according to the
place of residence or the seat of the Customer. The customer may be
required to pay, in particular: local fees or taxes in accordance with the
local law applicable to him.
8. Ordered Product(s) shall be delivered to the Customer through the
Carrier, to the address indicated on the order form.
9. The Customer shall examine the delivered Product(s) in the customary
time and manner for shipments of that type in the presence of the
Carrier's employee. In the event of discovery of shortage or damage
relating to the shipment, the Customer shall be entitled to demand from
the Carrier's employee to draw up a relevant report.
10. The Seller shall, in accordance with the Customer's wish, attach to the
shipment being the subject of Delivery a receipt or VAT invoice covering
the delivered Product(s).
In order to receive a VAT invoice, the Customer should declare at the time
of purchase that he acquires the Product as an Entrepreneur (taxpayer).
The above declaration is submitted by marking the appropriate field in
the order form, before sending the order to the Seller.
Article 4 - Implied Warranty
1. The Seller ensures Delivery of Product(s) free of physical and legal
defects. The Seller shall be liable towards the Customer if the Product has
physical or legal defects (implied warranty).
2. If the Product is defective, the Customer may:
a) submit a statement on reduction of the price or rescission of the
Contract of Sale, unless the Seller immediately and without excessive
inconvenience for the Customer replaces the defective Product with
a non-defective one or removes the defect.
This limitation shall not apply if the Product has already been
replaced or repaired by the Seller, or if the Seller failed to fulfil the
obligation to replace the Product with a non-defective one or to
remove the defect. The Customer may demand replacement of the
Product with a non-defective one instead of removal of the defect
proposed by the Seller, or demand removal of the defect instead of
replacement of the Product, unless making the Product compliant
with the contract in a manner chosen by the Customer is impossible
or would require excessive costs as compared to the manner
proposed by the Seller. When assessing if the costs are excessive,
one shall take into account the value of the Product free from defects,
the type and importance of the discovered defect, as well as the
inconvenience experienced by the Customer in the event of other
manner of satisfaction of the claim.
b) demand replacement of the defective Product with a non-defective
one or removal of defect. The Seller shall replace the defective
Product with a non-defective one or remove the defect within
a reasonable time without excessive inconvenience to the Customer.
The Seller may refuse to fulfil the Customer's demand if making the
defective Product compliant with the Contract of Sale in the manner
selected by the Customer is impossible, or would require excessive
costs as compared to the other possible manner of making the
Product compliant with the Contract of Sale. The cost of repair or
replacement shall be incurred by the Seller.
3. The Customer exercising the rights under the implied warranty shall
deliver the defective product to the Seller's address. If the Customer is
a Consumer the delivery cost shall be incurred by the Seller.
4. Seller excludes its liability on account of warranty towards Customers
who are Entrepreneurs and who are Entrepreneurs with Consumer rights.
5. The Seller shall be liable under the implied warranty if a physical defect is
discovered before two years pass since release of the Product to the
Customer. The claim for removal of defect or replacement of the Product
with a non-defective one shall be barred by the statute of limitations after
one year, however such time-limit may not end before a time-limit
specified in the first sentence. Within this time-limit the Customer may
rescind the Contract of Sale or submit a statement on reduction of the
price due to defect of the Product. If the Customer demanded
replacement of the Product with a non-defective one or removal of the
defect, the time-limit for rescission of the Contract of Sale or submission
of the statement on reduction of the price shall start running upon
ineffective expiry of the time-limit for replacement of the Product or
removal of the defect.
In the case of the Product marked by the Seller as used, the Seller shall
be liable for non-conformity of the Product with the contract if it is
discovered by the Customer earlier than one year from the date of
Delivery.
6. Any complaints related to the Product(s) or performance of the Contract
of Sale may be submitted by the Customer in writing to the Seller's
address.
7. Customer may send the complaint in electronic form to the address:
moodforwood.store@gmail.com.
8. The Seller shall within 14 days from the date of demand containing the
complaint express his opinion on the complaint regarding the
performance of the Contract of Sale submitted by the Customer.
9. The Seller allows the Customer, being the Consumer, to take advantage
of out-of-court settlement of consumer disputes. The competent authority
relevant to the Seller is the Wojewódzki Inspektorat Inspekcji Handlowej
w Warszawie, ul. Sienkiewicza 3, 00-015 Warszawa, http://www.wiih.org.pl
.
Article 5 - Rescission of the Contract of Sale
1. The Customer being a Consumer or Entrepreneur with Consumer Rights
who concluded the Contract of Sale may within 14 days rescind the
Contract of Sale without giving any reasons.
2. Period for withdrawal from the Contract of Sale commences from the
moment of taking possession of the Products by a Consumer, an
Entrepreneur with Consumer's rights or a third party indicated by them
other than the carrier.
3. The Customer may rescind the Contract of Sale by submitting
a statement on rescission. To comply with this deadline is enough to send
a statement before its expiry.
The Consumer may renounce the Contract of Sale by submitting the
declaration of renouncement to the Seller. This declaration may be
submitted, for example, in writing to the Seller’s address or via electronic
mail to the Seller’s address. The declaration may be submitted in the
form, the specimen of which has been included by the Seller on the
Shop’s Website, under the following Regulations. In order to meet the
deadline, it is sufficient to send the declaration before the deadline.
4. In the case of rescission of the Contract of Sale, the contract shall be
treated as if it had never been concluded.
5. The Seller shall immediately, not later than within 14 days from the date
of receipt of the Consumer's or Entrepreneur with Consumer Rights
statement on rescission of the Contract of Sale, return to the Consumer or
Entrepreneur with Consumer Rights all payments made by the Consumer
or Entrepreneur with Consumer Rights, including the costs of delivery of
the Product to the Consumer or Entrepreneur with Consumer Rights. The
Seller may withhold reimbursement of the amounts paid by the Consumer
or Entrepreneur with Consumer Rights until receipt of the returned
Product or delivery by the Consumer or Entrepreneur with Consumer
Rights of a proof of sending the Product, whichever occurs earlier.
6. If the Consumer or Entrepreneur with Consumer Rights exercising the
right of rescission selects the method of the Delivery of the Product other
than the cheapest ordinary Delivery method offered by the Seller, the
Seller shall not be obliged to reimburse to the Consumer or Entrepreneur
with Consumer Rights the additional costs incurred by the Customer.
7. The Consumer or Entrepreneur with Consumer Rights shall return the
Product to the Seller immediately, however not later than within 14 days
from the date of rescission of the Contract of Sale. To abide by the deadline, it is enough to send the Product to the Seller's address before
expiry of such deadline.
8. In the event of rescission the Consumer or Entrepreneur with Consumer
Rights shall only incur the direct costs of returning the Product.
9. If, due to its nature, the Product cannot be sent back by traditional mail,
the Seller shall inform the Consumer or Entrepreneur with Consumer
Rights about the costs of returning such Product on the Shop Website.
10. The Consumer or Entrepreneur with Consumer Rights shall bear liability
for decrease of the value of the Product as a result of use thereof outside
the manner necessary to determine the nature, features and functioning
of the Product.
11. The Seller shall reimburse the payment using the same method of
payment as the one used by the Consumer or Entrepreneur with
Consumer Rights, unless the Consumer or Entrepreneur with Consumer
Rights expressly agrees to other method of reimbursement which does
not entail any costs for the Consumer or Entrepreneur with Consumer
Rights.
12. The right to rescind the Contract of Sale is not vested in the Consumer or
Entrepreneur with Consumer Rights as regards contracts in the case of
which the Product is a non-prefabricated good made to the Consumer’s
specifications or serving to satisfy the Consumer's individualised needs.
Article 6 - Final provisions
1. The Seller is the administrator of personal information obtained within the
Contract of Sale or other circumstances specified in the Regulations. The
source of personal data is a Etsy.
2. The personal data collected by MoodForWood are processed in
accordance with the Regulation of the European Parliament and of the
Council (EU) 2016/679 of 27 April 2016 on the protection of individuals
with regard to the processing of personal data and on the free movement
of such data and repealing Directive 95/46 / EC (general regulation on
data protection), also known as the GDPR.
3. These Regulations and mandatory laws and present Regulations of Etsy
shall be the sole source of the Seller's liability.
4. The Seller fulfills the information obligations resulting from the GDPR in
relation to the persons to whom the data pertains, by sending it to the e-
mail address provided.
5. In the event of a dispute related to the sale contract, the parties shall
seek to resolve the matter amicably. The Polish law shall be applicable to
settlement of any disputes arising under these Regulations.
6. The Regulations shall come into force on 19.07.2025.