REGULATIONS OF THE CLOTHING WHOLESALE STORE "MOTHER EARTH"

§ 1.

DEFINITIONS AND GENERAL PROVISIONS  

1. In this document, the following terms shall be understood as:

a) Regulations: these Regulations;

b) Seller: "Alex" Aleks Nowicki NIP: 5222840217, REGON: 142713260,
Address: Jacka i Agatki 4/13, 02-495 Warsaw, telephone: +48 539 120 568, e-mail address: kontakt@motherearth.business;

c) Customer: a natural person who is over 18 years of age and has full legal capacity, a legal person and an organizational unit without legal personality but which can acquire rights and assume obligations in its own name, conducting business or professional activity in its own name, which has entered into a legal relationship with the Seller within the scope of the Store's activities or is in the process of establishing such a relationship,

d) Shop: online shop located on the motherearth.business website and its subpages,

e) Account: the Customer's account, set up by him in the Store and marked with an individual name (login) and password provided by the Customer,

f) Consumer – a person defined in regulation 22 ¹ Civil Code.

2. The Regulations define the terms and conditions for the provision of services electronically, including the use of the Store, as well as the rights, obligations and conditions of liability of the Seller and the Customer.

3. The Store conducts wholesale sales only. Consequently, these Terms and Conditions do not apply to relationships with Consumers and are not addressed to those entrepreneurs who would enter into sales agreements within the Store that would indicate that they are not of a professional nature. Such entrepreneurs are not authorized to submit offers to open an Account in the Store.

4. The Regulations are available on the Store's website.

5. Only the Terms and Conditions apply to contracts concluded within the store. General terms and conditions of contracts (sales, delivery, or similar) and regulations used by Customers do not apply to legal relationships concluded with the Seller. 

§ 2.

BASIC AND TECHNICAL INFORMATION  

1. The Seller offers services provided electronically in the form of creating and maintaining an Account, which allows Customers to: conclude online sales contracts for goods from the Store's assortment at the prices listed on the relevant subpages, add goods from the Store's assortment to the cart, and view order history. The Seller provides services electronically in accordance with the Terms and Conditions.

2. The services offered by the Store are not directed at Consumers or individuals who would enter into a contract with the Seller within the Store directly related to their business activities, but where the content of that contract would indicate that it is not of a professional nature for that person. When establishing an Account management agreement, the Customer must declare that the sales contracts they intend to execute in connection with the Account management agreement will be of a professional nature for them. This declaration will condition the Seller's acceptance of the Customer's offer to establish an Account, in accordance with § 3, section 1 of the Terms and Conditions.

3. The technical condition for using the Store is that the Customer has a computer or other device enabling browsing the Internet, appropriate software (including a web browser), Internet access and a current and active e-mail account.

4. Customers are prohibited from providing illegal content.

5. Using the Store may involve risks typical of using the Internet, such as spam, viruses, and hacker attacks. Customers should use appropriate technical measures to minimize the above-mentioned risks, including antivirus and identity protection software.

6. The contract for the provision of electronic services is concluded via the Online Store. The Customer may terminate their use of electronic services by deleting their Account. In such a case, the contract for the provision of electronic services is automatically terminated without the need for any additional declarations by the parties.

7. It is not possible to use the Store anonymously or using a pseudonym.

8. Information on the processing of personal data is included in the Privacy Policy. 

§ 3.

ACCOUNT 

1. Registering an Account on the Store's website is free and requires the Customer to click the "Create an Account" button. The Customer must then complete the registration form, providing the requested data, and by selecting the "Register" box, submit an offer to create an Account in the Store. The Account is then verified by Store staff. Initial login details are usually provided after verification within 1 business day. Verification takes no longer than 2 business days after the Customer submits the offer to create an Account. Within this timeframe, if the Seller accepts the Customer's offer, the Account will be activated. After the Customer receives the appropriate login details, an Account Management Agreement is concluded with the Customer. The Seller reserves the right to refuse to conclude an Account Management Agreement without being required to provide a reason.

2. Logging in to the Account involves entering the Customer's login and password, as determined by the Customer. The password is confidential and should not be shared with anyone.

3. The Account entitles the Customer to place orders in the Store. Furthermore, the Account allows the Customer to enter or modify data, place and check Orders, and view Order history.

4. If the requirements set by the Store are not met, the Customer's account may not be registered.

5. The Account Management Agreement is provided free of charge for an indefinite period.

6. The Customer may at any time resign from the Account in the Store by sending an appropriate request to the Seller electronically to the following address: kontakt@motherearth.business or in writing to the Seller's address. 

§ 4.

SALE  

1. The content presented on the Store's websites, in particular announcements, advertisements, price lists and other information, does not constitute an offer within the meaning of Articles 66 and 66 ¹ of the Civil Code, but an invitation to submit offers.

2. A detailed description of the goods can be found on the appropriate subpage of the Store.

3. Orders can only be placed after concluding an Account management agreement.

4. When placing an order, the Customer is obliged to carefully complete the purchase form, providing all data in accordance with the facts and specifying the chosen method of payment and delivery.

5. Orders can be placed in the Store 24 hours a day, 7 days a week.

6. By placing an order, the Customer makes a binding offer to purchase the Goods at the prices specified in the Order.

7. After receiving the order, the Seller will send the Customer an email confirming acceptance of the offer to the email address provided by the Customer. Confirmation of order acceptance constitutes the Seller's declaration of acceptance of the offer.

8. The Customer acknowledges that in the case of the sale of certain goods whose quantity is limited, the execution of orders depends on the availability of the ordered goods and the order in which the order is received by the Seller.

9. If the execution of the order proves impossible or encounters far-reaching difficulties, the Seller may propose to the Customer:

a) cancellation of the entire order (the Customer's selection of this option releases the Seller from the obligation to fulfill the order).

b) cancelling the order in the part in which its execution is not possible within a reasonable time (the selection of this option by the Customer releases the Seller from the execution of the order to a certain extent).

10. The order processing time (i.e. the period preceding the shipment of the goods) is up to 2 business days, unless the product description states otherwise. 

§ 5.

PAYMENTS  

1. All prices of the Goods given in the Store are gross prices in Polish zloty. The price of the Goods does not include the costs referred to in paragraph 2 below.

2. The Customer is responsible for all shipping costs. These costs may depend on the Customer's choice of delivery method. Information about these costs is provided at the time of ordering.

3. The customer can choose the following payment methods:

a) Bank Transfer - payment before the Goods are shipped (prepayment). After placing the Order, the Customer should deposit/transfer the amount due to the Store's bank account. The Order will be fulfilled once the Customer's payment has been credited to the Store's bank account.

b) Cash on Delivery (COD) – the Customer pays the amount directly upon receipt of the Goods from the carrier. Order processing occurs after order confirmation. The COD option is available only to a select group of customers. The Seller reserves the right to request that the Customer change this payment method in justified cases.

c) Przelewy24 - payment before shipment of the Goods (prepayment). After placing the Order, the Customer should make the payment via the Przelewy24 electronic payment system, in accordance with the provisions of the Przelewy24 regulations. The order will be fulfilled after the Customer's payment is credited to the Przelewy24 electronic payment system.

4. The Customer consents to the Seller using electronic invoices in settlements within the meaning of the Act of 11 March 2004 on tax on goods and services. 

§ 6.

DELIVERY  

1. The goods are shipped to the address indicated by the Customer.

2. The product is delivered via courier. Shipments made via courier should be delivered within 1-2 business days from the date of shipment within the Republic of Poland. The cost and date of international delivery must be individually agreed upon between the parties.

3. It is stipulated that:

a) upon delivery of the goods to the Customer or carrier, the benefits and burdens associated with the goods and the risk of accidental loss or damage to the goods are transferred to the Customer;

b) acceptance of the shipment of goods by the Customer without reservations shall result in the expiration of claims for loss or damage in transit, unless:

· the damage was confirmed by a protocol before acceptance of the shipment;

· such a declaration was omitted due to the carrier's fault;

· the loss or damage resulted from the intentional fault or gross negligence of the carrier;

· the entitled person found the damage that was not visible from the outside after accepting the shipment and, within 2 days, requested that its condition be determined and proved that the damage occurred between accepting the shipment for transport and its release. 

§ 7.

RESPONSIBILITY 

1. The Seller's liability under the warranty is excluded.

2. The Seller's liability for damages does not cover lost profits and is limited to the value of the goods purchased by the Customer.

3. If the shipment containing the goods is found to be tampered with, has suffered loss, or has been damaged in transit, the Customer should immediately (no later than 2 days from the date of receipt of the shipment) file a complaint with the carrier. The Customer agrees to the Seller to verify the condition of the shipment in the presence of the carrier and to prepare a damage report with the carrier's participation in the event of any overt damage to the shipment.

§ 8.

COMPLAINTS 

1. The Customer should submit complaints to the Seller's address in writing to the Seller's address or by e-mail to kontakt@motherearth.business

2. The complaint should include a detailed description of the problem and the content of the Customer's request.

3. The Seller undertakes to consider the complaint within 14 days.

§ 9.

INTELLECTUAL PROPERTY  

All logos, names, graphic designs, videos, texts, forms, scripts, source codes, slogans, trademarks, and photos presented in the Store are protected by law and belong to the Seller, manufacturer, or distributor of the goods, or other authorized entity. Downloading, copying, modifying, reproducing, transmitting, or distributing any content from the motherearth.business website without the consent of the appropriate rights holder is prohibited. 

§ 10.

LIMITING SALES CHANNELS AND SUBMITTING TO ENFORCEMENT

1. The wholesaler (Manufacturer) sells within the distribution system selective, in which it cooperates only with business partners who meet certain quality and image requirements.

2. The Buyer undertakes to resell products purchased from the Wholesaler only at stationary sales points approved by the Wholesaler.

3. The sale of products on the Internet (including via online stores, social networking sites, marketplace platforms, etc.) is permitted only after obtaining the prior written consent of the Wholesaler.

4. The wholesaler may refuse or withdraw consent to online sales if the presentation, product description or sales channel does not meet brand standards or violates the principles of selective distribution.

5. A breach of these provisions constitutes a material breach of the terms of cooperation and may result in:

• suspension of order fulfillment or termination of the contract,

• charging a contractual penalty of up to PLN 10,000 for each case of violation.

The amount of the penalty may be reduced in accordance with Article 484 § 2 of the Civil Code.

6. At the request of the Wholesaler, the Buyer undertakes to submit a declaration of voluntary submission to enforcement in the form of a notarial deed, in accordance with Article 777 § 1 item 5 of the Code of Civil Procedure.

§11.

PERSONAL DATA PROTECTION (GDPR)  

1. Data provided by the Customer or website user as part of the use of services within the framework are stored and processed by the Seller in accordance with applicable legal provisions, in particular the Personal Data Protection Act, the Act on the provision of electronic services, and 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.

2. Providing personal data by the Customer or User is a condition for concluding a contract through the Store. Providing personal data to subscribe to the newsletter is voluntary, but failure to provide it will prevent the User from receiving the newsletter.

3. The customer/user is responsible for providing false data.

4. More information on the processing of personal data can be found in the Privacy Policy.

§ 12.

FINAL PROVISIONS  

1. In matters not regulated by the Regulations, the relevant provisions of generally applicable law shall apply in legal relations with Customers.

2. The Seller reserves the right to amend the Terms and Conditions, provided that the version of the Terms and Conditions in effect at the time of order placement applies to contracts concluded before the amendment to the Terms and Conditions. To be effective, any amendment to the Terms and Conditions must be made available to the Customer, who will be entitled to terminate the Account agreement if the Customer does not accept the amendments to the Terms and Conditions.

3. The court having jurisdiction to resolve any dispute between the parties shall be the court having jurisdiction over the Seller's registered office.