TERMS AND CONDITIONS
I. GENERAL PROVISIONS
1. This document specifies the general terms and conditions of use of the online shop Mobileorygin.com. The shop is accessible via the domain https://mobileorygin.com and is run by the company Mobile Handel Holding Polska Sp. z o.o., with headquarters under the following address:
ul. Jaworska 6/16
2. Terms and Conditions can be viewed on the shop's website. They are available under the address https://mobileorygin.com/terms, so that the users can read and record them.
The terms used in this document are:
1. Working Days – days from Monday to Friday, excluding public holidays in Poland.
2. Delivery – the factual act of the delivering the ordered Goods by the Vendor to the Client via the Delivery Service.
3. Delivery Service – a subject with whom the Vendor cooperates in order to deliver Goods to the Client, that is:
a. General Logistics Systems Poland Sp. z o.o., with headquarters in Głuchowo, the commune of Komorniki (65-052), ul. Teczowa 10, NIP 7851561831, entered into the court registry by the District Court Poznan – Nowe Miasto and Wilda in Poznan, the VIII department of the National Court Register, under the number 0000005009, who provides professional delivery services.
4. Password – a sequence of characters (letters, digits or other) chosen by the Client during Registration and used to secure the access to the Client’s Account in the Online Shop.
5. Client – a subject for whom, in compliance with Terms and Conditions and the regulations of law, sale services can be provided electronically or with whom the Sales Agreement can be concluded.
6. Consumer – a natural person who performs a legal act with the enterpreneur, the act not being directly related to Consumer’s professional activity or business.
7. Client's account – a panel, individual for each Client, provided by the Vendor after the Client’s Registration is completed and concluding the service contract of maintaining the Client’s account.
8. Login – Client’s individual username, which is chosen by the Client and composed of a sequence of characters (letters, numbers and other), required, along with the Password, to create the Client’s Account in the Online Shop.
9. Electronic Payment Provider – an institution that intermediates between the Client and the Vendor in the payment process, that is:
Dotpay S.A. with headquarters in Krakow (30-552), ul. Wielicka 72, entered into the registry of enterpreneurs of the National Court Register maintained by the District Court for Krakow-Srodmiescie in Krakow, XI Commercial Department of the National Court Register under the number 296790, NIP: 6342661860, Regon: 240770255,
PayU S.A., with headquarters in Poznan, 60-166 Poznan, ul. Grunwaldzka 182, entered into the Registry of payment services under the number IP1/2012, entered into the registry of enterpreneurs maintained by the District Court in Poznan – Nowe Miasto and Wilda in Poznan, VII Commercial Department of the National Court Registry, under the number KRS 0000274399, NIP: 779-23-08-495, REGON 300523444.
10. Enterprise – a natural person, a legal person or an organization unit that is not a legal person, granted legal personality by the law, running a business or pursuing professional activity and performing a legal act directly related to their business or professional activity.
11. Terms and Conditions – all of the provisions contained in this document.
12. Registration – the factual act performed in a way specified in Terms and Conditions, required in order for the Client to use all of the Online Shop’s functions.
13. Vendor – Mobile Handel Holding Polska Sp. z o.o. with headquarters in Wroclaw (53-612), ul. Jaworska 6/16, entered into the court registry by the District Court for Wroclaw-Fabryczna in Wroclaw, VI Commercial Department of the National Court Register, NIP: 8971828792, REGON: 365430114.
14. Shop’s Website – a set of web pages on which the Vendor runs the Online Shop under the domain https://mobileorygin.com.
15. Goods – a product that can be the subject of Sales Agreement, presented by the Vendor via the Shop’s Website.
16. Durable Medium – a material or means that let the Client or Vendor keep the information addressed personally to them. This is done in a manner that enables the future access to that information, for the time adequate to the purpose of the information, allowing the recipient to access the information unchanged.
17. Sales Agreement – an agreement remotely concluded between the Vendor and the Client, on the terms specified by Terms and Conditions.
18. User – an Internet user that uses the Shop and either buys or intends to buy products or services presented there by the Vendor.
III. TERMS AND CONDITIONS OF USING THE MOBILEORYGIN.COM SHOP
1. The User who is a natural person can use the Shop under the condition of having the full capability to perform legal acts.
2. The User who is not a natural person can use the Shop through a person who is entitled to act on that User’s behalf.
5. It is forbidden for the Client to use the Online Shop, the Shop's Website or the services provided by the Vendor in a way that is against the law or the principles of community life, or in a way that infringes personal interests of third parties.
6. The Vendor hereby announces that usage of electronically provided services, as well as the public nature of the Internet itself, can put the Client at risk of acquiring their personal data by an unauthorised person. The Client should take precautions and use adequate technical means to minimise the aforementioned risk.
IV. REGISTRATION IN THE SHOP
1. In order to create the Client's Account, the Client needs to Register in the Shop by filling in the proper form and submit it electronically to the Vendor, using the function that is available on the Website.
2. The Registration is required to place an order in the Online Shop.
3. During the Registration process, the Client chooses their individual Password. The Vendor will never ask the Client to reveal the Password in any form.
4. When filling in the form, the Client can read the Terms and Conditions and accept them by checking the proper box in the form.
5. During the Registration, the Client can give their assent to the Vendor to process the Client's personal data for marketing purposes (hereinafter referred to as the “marketing assent”). The assent can be given by checking the proper box.
6. The Client does not have to give the marketing assent in order to buy products on the website, nor to create a Client's Account.
7. If the Client decides to give the marketing assent, they will receive an information from the Vendor that they will be collecting the Client's personal data. The Vendor will also inform the client about known or predicted third parties that will have access to the data. The marketing permission will, above all, mean that the Client will be receiving commercial offers to the email address given during Registration.
8. The marketing assent can be taken back at any time by submitting a declaration to the Vendor on Durable Media. The declaration can be sent to the Vendor via email.
9. After submitting a filled registration form, the Client is instantly sent the confirmation of Registration to the given email address.
10. The User is obliged not to disclose their login and password to third parties.
V. ORDER FULFILLING RULES
1. The Vendor is an online wholesaler. The orders can only be made on the website https://mobileorygin.com.
2. Contact details of the Vendor are available on the contact page on the Shop’s Website.
3. The Client can place orders in the Online Shop everyday, at any time.
4. The User can:
a. use the Online Shop without Registration, or
b. Register in the Shop using their access data.
5. All of the products’ prices are net prices (VAT is not included in them).
6. When placing an order, the Client selects Goods that they want to purchase. This is done by clicking the “ADD TO CART” button located next to the Goods presented on the Shop’s Website. After all of the wanted Goods have been collected in the “BASKET” and after the method of payment and Delivery is chosen in the “CART”, the Client places an order by submitting the order form to the Vendor, which is done by clicking the “ORDER & PAY” button on the Website.
7. Each time before the ordered Goods are sent, the Client is informed about the accumulated cost of ordered Goods, including Delivery cost, and about all the additional expenses that the Client will have to bear as a result of the Sales Agreement.
8. Making an order is tantamount to the Client offering a Sales Agreement of the ordered Goods to the Vendor.
9. After the order has been placed, the Vendor sends to the Client’s email address a notification that the order has been accepted. The notification about accepting the order is the Vendor’s declaration that the order is accepted. The moment the Client receives that notification, the Sales Agreement is concluded.
10. After concluding the Sales Agreement, the Vendor confirms its terms by sending them on a Durable Medium to the Vendor’s email address, or, on paper, to the address that was given by the Client during Registration or when they made an order.
VI. PAYMENT METHODS
1. The available methods of payment are the following:
a. Online payment – the form of electronic payment provided by the Electronic Payment Provider.
2. The Client is obliged to make the payment of the price, including the delivery costs, no later than in 14 days from the date that the agreement was concluded.
3. Any additional costs related to the chosen payment method are specified in the order summary.
4. The Vendor reserves the right not to make certain options of payment or delivery available in case of certain products. Information about the unavailability of certain options of payment or delivery will be displayed in a product’s description.
VII. DELIVERY TO THE CHOSEN ADDRESS
1. Ordered Goods are delivered with the participation of Delivery Service – a specialised postal operator or delivery service provider.
2. The service is completed at the address of delivery indicated by the Client.
3. The number of Working Days needed for Delivery and for the finalisation of an order is displayed on the Shop’s Website.
4. The date of Delivery and an order’s finalisation is counted in Working Days:
a) In case of cash on delivery – from the moment the Client places an order.
b) In case of online payment – after the payment is received.
5. The same day that Goods are sent to the Client, the Client receives a notification via email.
6. The parcel has to be picked up within 14 days from the day that the Client receives a notification that the parcel is ready to be picked up.
7. If the Client is not present at the address indicated for Delivery, the Delivery Service worker will either leave an attempted delivery notice or attempt to contact the Client telephonically in order to settle the date of the next Delivery when the Client will be present at the address.
8. The Client should examine the parcel in the presence of the Delivery Service worker in a manner and at the time that is suitable for the package type.
9. In the event of damage or shortage, the Client has the right to demand that the Delivery Service worker write an appropriate protocol.
VIII. RETURN OF DAMAGED OR FAULTY GOODS
1. Products offered by Mobileorygin.com are brand new, free of physical and legal defects, unless otherwise specified in an offer.
2. All products available on the website https://mobileorygin.com have been legally brought to the Polish market.
3. In the event that the product has a physical or legal defect, the Vendor is liable to the Client under warranty.
4. If the product has a physical or legal defect, within warranty the Client can:
a. demand a discount or withdraw from the Sale Agreement, except if the Vendor, at short notice and without causing particular inconvenience, either exchanges the defective Goods to Goods that are free of defects or removes the defect. This exception does not apply if the Goods were already exchanged or repaired or if the Vendor did not fulfil the obligation of exchanging Goods to Goods that are free of defects or of removing the defects. The Client can demand exchange instead of repair, or demand repair instead of exchange, unless the chosen method of making the items conform with the Agreement is impossible to employ or if it would entail excessive costs in comparison to the method proposed by the Vendor. When judging whether the costs are excessive, the following are taken into account: the value of Goods, type and significance of defect and the scale of inconvenience that the Client would be exposed to as a result of choosing a different method of meeting the Client’s claim.
b. demand that the Vendor exchange the Goods to Goods that are free of defects or demand that the Vendor remove the defect. The Vendor is obliged to exchange the defective Goods to Goods that are free of defects or to remove the defect in reasonable time and without causing excessive inconvenience to the Client.
5. The Client who exercises their rights under warranty is obliged to have the defective item delivered back to the Vendor’s address. The Vendor covers the delivery cost.
6. The Vendor is liable under warranty if the physical defect has been noted no later than 2 years after the Client had received the Goods.
7. The claim to remove the defect or to exchange the defective Goods to Goods that are free of defects lapses after the time of one year, but this date cannot elapse before the date mentioned in the first sentence has elapsed.
8. All complaints regarding Goods or the implementation of the Sales Agreement can be sent electronically to the email address: firstname.lastname@example.org or, on paper, to Mobile Handel Holding Polska Sp. z o.o., ul. Jaworska 6/16, 53-612 Wroclaw, Poland.
9. In order to make it possible for the Vendor to consider a complaint, the Client should send the Goods in question to the address: Mobile Handel Holding Polska Sp. z o.o., ul. Jaworska 6/16, 53-612 Wroclaw, Poland.
10. In the case of Client who is a Consumer, the Vendor will cover all documented costs of the complaint, especially the cost of delivering the Goods in question to the Vendor and the cost of sending them back to the Client.
11. The Vendor will assume an attitude to the complaint regarding Goods or the fulfillment of the Sales Agreement within 14 days from receiving the complaint.
IX. WITHDRAWAL FROM A DISTANCE CONTRACT
1. The Client who is a Consumer and with whom a Sales Agreement was concluded, can withdraw from the Agreement within 14 days without stating the reasons of withdrawal.
2. The time limit to withdraw from the Sales Agreement is counted from the moment when the Client, or a person indicated by them who is not the deliverer, takes Goods into possession.
3. The Client can withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Vendor.
4. In order to meet the deadline, it is sufficient that the Client sends the declaration electronically to the email address email@example.com or, on paper, to: Mobile Handel Holding Polska Sp. z o.o., ul. Jaworska 6/16, 53-612 Wroclaw, Poland before the deadline. The declaration can also be sent in the same parcel as the Goods that are being returned. If the declaration is sent via email, the Vendor confirms the receipt to the Client on Durable Media as soon as possible.
5. The returned Goods should be sent to the address: Mobile Handel Holding Polska Sp. z o.o., ul. Jaworska 6/16, 53-612 Wroclaw, Poland.
6. In the event of withdrawal from the Sales Agreement, the Agreement is considered not to have been concluded.
7. If the Client submits a declaration of withdrawal from the Sales Agreement before the Vendor has accepted the offer in question, the offer is considered non-binding.
8. The Vendor is obliged to give Client a refund of all the paid costs, including delivery, as soon as possible, within 14 days from receiving the Client’s declaration of withdrawal from the Sales Agreement. The vendor can postpone the refund until they receive the returned Goods or until the Client submits the proof of dispatch – depending on which will occur first.
9. If the Client exercising their law to withdraw from the agreement chooses a method of delivery other than the least expensive option of Delivery that is offered by the Vendor, the Vendor is not obligated to refund the additional expense that the Client had to bear.
10. The Client is obliged to return the Goods without delay, but within 14 days after the day of withdrawal. To meet that time limit, it is sufficient that the Client sends the returned Goods to the Vendor’s address before the deadline.
11. In the event of withdrawal, the Client bears only the direct costs of returning the Goods to the Vendor. These costs are estimated to be no higher than 13 PLN (according to the retail price list of the Polish Post for an economy parcel).
12. The Client is responsible for the decrease in Goods’ value as a result of usage that extends beyond the necessary examination of the Goods’ character, features and their method of functioning.
13. The Vendor refunds the payment using the same method as the one that had been used by the Client.
14. The right to withdraw from the agreement does not apply in the case of, among others, an agreement:
a. whose subject is an item that is non-prefabricated, produced according to the specification given by the Client or designed to meet the Client’s individual expectations.
b. whose subject is an item that easily deteriorates or that has short shelf life.
c. whose subject is an item that is delivered in a sealed package and which, after being extracted from the package, cannot be returned for for sanitary or health reasons.
d. whose subjects are items that, due to their character, after being delivered, become inseparably connected to other items.
e. whose subjects are audio or video recordings or computer programs delivered in a sealed package, or if the package has been opened after being delivered.
f. of delivering digital content that is not recorded on a physical storage medium, if the the service was provided with the Client’s consent, before the deadline for the withdrawal from the agreement.
X. PERSONAL DATA PROTECTION
1. The Vendor is the administrator of personal data that has been submitted in the process of Registration, in the process of making a one-time order and as part of providing the service electronically by the Vendor, or as part of other circumstances specified in Terms and Conditions.
2. The Vendor processes Clients’ personal data in order to complete orders, to provide service electronically and in other purposes specified in Terms and Conditions. Data is processed only on the grounds of the regulations of law or on Client’s assent.
3. The personal data submitted to the Vendor is reported by the Vendor to the General Inspector of Personal Data Protection.
4. Personal data is submitted to the Vendor voluntarily, but with a restriction that not submitting the data during the Registration process will preclude the Client from Registration and creating a Client’s Account and, in case of making an order without Registration, will make placing and completing an order impossible.
5. Each person that submits their personal data to the Vendor have the right to access and edit it.
6. The Vendor grants Clients the possiblity to delete their personal data from the base, especially to delete a Client’s account.
7. The Vendor protects the personal data submitted to them and makes all the necessary effort to secure it from unauthorised access or use.
8. The Vendor submits the Client’s personal data to the Deliverer in the range that is necessary to complete the Delivery of an order.
XI. ELECTRONICALLY PROVIDED FREE-OF-CHARGE SERVICES
1. The Vendor provides free-of-charge electronic services to Clients:
a. Contact Form;
c. Maintaining the Client’s Account.
2. The aforementioned services are provided 7 days a week, 24 hours a day.
3. The Vendor reserves the right to choose and change the type, form, time and method of giving access to aforementioned services. In the event of such change, the Vendor will inform Clients in a way that is appropriate for changing Terms and Conditions.
4. The Contact Form service is provided by allowing Clients to send messages to the Vendor using a form on the Shop’s Website.
5. The Client can give up the free-of-charge Contact Form service at any time by stopping sending the Vendor messages via the Contact Form.
6. The Newsletter service can be used by any Client that enters their email address using the Registration form that the Vendor placed on the Shop’s Website. After the filled-in form is submitted to the Vendor, the Client instantly receives its confirmation to their email address. From then on, an agreement of providing the Newsletter service is concluded. In order to subscribe for the Newsletter, the Client can also check the appropriate box in the registration form.
7. The Newsletter service is provided by sending messages containing information about new products or services offered by the Vendor to email. The Newsletter is sent to all subscribed Clients.
8. Each Newsletter that is sent to subscribed Clients contains especially: information about the sender, a filled-in “subject” field describing the message’s content, and information about the possibility and method of renunciation of the free-of-charge Newsletter service.
9. The Client can unsubscribe from the Newsletter at any time by clicking a link found in each Newsletter message or by selecting an appropriate function in the Client’s Account.
10. The Maintaining Client’s Account service is available after Registration on the terms specified in Terms and Conditions. The service is provided by allowing the Client to modify the data that has been entered during Registration, to check an order’s status and to view the history of fulfilled orders.
11. The Client who has completed the Registration process can request to have their Client’s Account deleted by the Vendor. The process can take up to 14 days from the day the request has been made.
12. The Vendor can block access to the Client’s account If the Client acts against: the Vendor’s interests, other Clients’ interest, the law or Terms and Conditions, and also when suspending the account is justified by security reasons – especially if the Client attempts to break through the Shop’s Website’s security or in case of other hacking activity.
13. Access to the Client’s Account and to free-of-charge services will be blocked for the time required to solve the underlying problem.
14. The Client whose Account becomes blocked and who loses access to free-of-charge services will receive a notification about it via email.
XII. PROTECTION OF COPYRIGHTS AND PERSONALITY RIGHTS
1. All of the rights to the Online Shop, including: the author’s economic rights, intellectual property rights to the Shop’s name and domain, to the Shop’s Website, design, forms and logotypes on the Shop’s Website (except those logotypes and pictures the copyrights to which belong to third parties and which are shown on the Shop’s Website in order to present products) belong to the Vendor and their usage is restricted by Terms and Conditions and by the Vendor’s assent.
2. It is forbidden for the Client to use the Online Shop’s resources and functions in a way that would infringe the Vendor’s interest.
3. In the event that the Client or other person or subject will deem the content that is published on the Shop’s Website to be violating their rights, personal goods, feelings, morality, beliefs, fair competition rules, know-how, information protected by secrecy on the ground of law or a pledge, they can notify the Vendor about the infringement.
4. The Vendor, if notified about potential violation, will undertake immediate actions aimed at removing the content that is the cause of violation from the Shop’s Website.
XIII. FINAL PROVISIONS
1. In all the events not specified by these Terms and Conditions, the regulations of Polish law will apply; especially the civil code, the personal data protection act, the electronically provided services act and the consumer rights act.
2. Any dispute between the sides will be settled by the appropriate court of general jurisdiction.
3. In the event of a dispute, the sides will strive to settle the dispute amicably. The buyer who is a consumer can exercise the right of settling the complaints and pursuing their claims extrajudicially and to pursue their claims before the Permanent Consumer Court at the Voivodeship Trade Inspectorate’s Inspector’s office. Information about this procedure is available at the address: http://www.uokik.gov.pl. The Client can also request that the dispute be settled by arbitration. The lists of permanent arbitrators are provided by the chairmen of appropriate District Courts.
4. The Vendor reserves the right to modify Terms and Conditions. All of the purchase orders accepted by the Vendor before the day these Terms and Conditions came into force will be completed according to Terms and Conditions that were in force at the day when the order was made. Changes made in Terms and Conditions come into force 7 days after being published on the Shop’s Website. The Vendor will inform the client 7 days prior to the day the new Terms and Conditions come into force by sending an email message containing a link to the changed text of Terms and Conditions. In the event that the Client does not accept the new Terms and Conditions, they are obliged to notify the Vendor about it. This will result in dissolution of the agreement of electronically providing services concerning the maintenance of the Client’s Account.
5. These Terms and Conditions come into force on the day of October 26th, 2016.