mumio.dev Store Terms and Conditions

§ 1

Preliminary Provisions

  1. The online store ZX Spectrum MUMIO devices, available at the internet address shop.mumio.dev, is operated by L-TEK Spółka z ograniczoną odpowiedzialnością, registered under KRS number 0000717355, NIP 5512634153, REGON 369435568, with its registered office at ul. Wenecja 6, 34-100 Wadowice.
  2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online Store, as well as the principles and procedure for concluding Distance Sales Contracts with the Customer through the Store.

§ 2

Definitions

  1. Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
  2. Seller – the natural person mentioned in §1 point 1.
  3. Customer – any entity making purchases through the Store.
  4. Entrepreneur – a natural person, legal person, and organizational unit without legal personality, to which a separate act grants legal capacity, conducting business activity on its own behalf, who uses the Store.
  5. Store – the online store operated by the Seller at the internet address shop.mumio.dev.
  6. Distance Contract – a contract concluded with the Customer within an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment the contract is concluded.
  7. Terms and Conditions – these Store Terms and Conditions.
  8. Order – the Customer’s declaration of will submitted using the Order Form and directly aiming at concluding a Sales Contract for a Product or Products with the Seller.
  9. Account – the customer’s account in the Store, where data provided by the Customer and information about Orders placed by them in the Store are collected.
  10. Registration Form – a form available in the Store, enabling the creation of an Account.
  11. Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Contract, including delivery and payment methods.
  12. Cart – a component of the Store’s software, where Products selected by the Customer for purchase are visible, and where it is also possible to determine and modify Order details, in particular the quantity of products.
  13. Product – a movable item/service available in the Store which is the subject of a Sales Contract between the Customer and the Seller.
  14. Sales Contract – a contract for the sale of a Product concluded or being concluded between the Customer and the Seller through the online Store. The Sales Contract also refers to – depending on the Product’s characteristics – a contract for the provision of services and a contract for specific work.

§ 3

Contact with the Store

  1. Seller’s email address: biuro@l-tek.pl
  2. Seller’s bank account number: 5911602202000000019348350859116022020000000193483508591160220200000001934835085911602202000000019348350859 1160 2202 0000 0001 9348 3508
  3. The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.

§ 4

Technical Requirements

  1. To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
  1. an end device with Internet access and a web browser
  2. an active email account
  3. cookies enabled

§ 5

General Information

  1. To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the Store’s operation, caused by force majeure, unauthorized actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
  2. Browsing the Store’s assortment does not require creating an Account. Customers can place orders for Products available in the Store’s assortment either after creating an Account in accordance with the provisions of § 6 of these Terms and Conditions or by providing the necessary personal and address data enabling the fulfillment of the Order without creating an Account.
  3. Prices in the Store are given in euro. For delivery within the European Union they are gross prices, including VAT at the rate applicable in the country of delivery. For delivery outside the European Union no VAT is charged and the price given is the final price.
  4. The final (total) amount to be paid by the Customer consists of the price of the Product and the delivery cost (including transport, delivery, and postal services fees), of which the Customer is informed on the Store’s pages during the order placement process, including at the moment of expressing willingness to be bound by the Sales Contract.
  5. In the case of a Contract involving a subscription or the provision of services for an indefinite period, the final (total) price is the total price covering all payments for the billing period.
  6. If the nature of the subject of the Contract does not reasonably allow for the prior calculation of the final (total) price, information on how the price will be calculated, as well as on transport, delivery, postal services fees, and other costs, will be provided in the Store in the Product description.

§ 6

Creating an Account in the Store

  1. To create an Account in the Store, you must fill out the Registration Form. The following data must be provided: email address
  2. Creating an Account in the Store is free.
  3. Logging into the Account is done by providing the login and password established in the Registration Form.
  4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§ 7

Order Placement Rules

To place an Order, you must:

  1. log in to the Store (optional);
  2. select the Product that is the subject of the Order, and then click the “Add to Cart” button (or equivalent);
  3. log in or use the option to place an Order without registration;
  4. if the option to place an Order without registration is selected – fill out the Order Form by entering the Order recipient’s data and the address to which the Product is to be delivered, select the type of shipment (method of Product delivery), enter invoice details, if they differ from the Order recipient’s data,
  5. click the “Order and Pay” button/click the “Order and Pay” button and confirm the order by clicking the link sent in the email,
  6. select one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.

§ 8

Offered Delivery and Payment Methods

The Customer can pay using the following payment methods:

  1. Electronic payments (BLIK, fast transfer) processed by the Sky-Pay – More HERE service
  2. Payment card: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro
  3. Bank transfer to the seller’s account
  4. Cash (only for personal pickup)

Delivery methods:

  1. InPost – parcel lockers
  2. InPost – courier (for domestic shipments)
  3. UPS, DHL, DPD or FedEx (for international shipments exclusively to European countries) – the best/cheapest carrier for a given delivery point is selected.

The entity providing online payment processing for card payments is Autopay S.A.

§ 9

Execution of the Sales Contract

  1. The conclusion of the Sales Contract between the Customer and the Seller occurs after the Customer has previously placed an Order using the Order Form in the online Store in accordance with § 7 of the Terms and Conditions.
  2. After an Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for fulfillment. Confirmation of receipt of the Order and its acceptance for fulfillment occurs by the Seller sending the Customer an appropriate email to the email address provided by the Customer during the order placement process, which contains at least the Seller’s declarations of receipt of the Order and its acceptance for fulfillment, and confirmation of the conclusion of the Sales Contract. Upon the Customer’s receipt of the aforementioned email, the Sales Contract between the Customer and the Seller is concluded.
  3. In case the Customer chooses:
  1. payment by bank transfer, electronic payments, or payment by credit card, the Customer is obliged to make payment within …. calendar days from the date of concluding the Sales Contract – otherwise the order will be cancelled.
  2. cash on delivery upon receipt of the shipment, the Customer is obliged to make payment upon receipt of the shipment.
  3. cash payment upon personal pickup of the shipment, the Customer is obliged to make payment upon pickup of the shipment within …. days from the date of receiving information about the shipment’s readiness for pickup.
  1. If the Customer has chosen a delivery method other than personal pickup, the Product will be sent by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
  2. In the case of ordering Products with different delivery times, the delivery time is the longest specified period.
  3. In the case of ordering Products with different delivery times, the Customer has the option to request delivery of Products in parts or delivery of all Products after the entire order has been completed.
  4. The delivery period for the Product to the Customer begins as follows:
  1. If the Customer chooses payment by bank transfer, electronic payments, or credit card – from the date the Seller’s bank account is credited.
  2. If the Customer chooses cash on delivery payment – from the date of concluding the Sales Contract,

8. If the Customer chooses personal pickup of the Product, the Product will be ready for pickup by the Customer within the period indicated in the Product description. The Customer will be additionally informed by the Seller about the Product’s readiness for pickup by sending an appropriate email to the email address provided by the Customer during the order placement process.
9. In the case of ordering Products with different readiness for pickup dates, the Customer has the option to pick up Products in parts (according to their readiness for pickup) or to pick up all Products after the entire order has been completed.
10. The period for the Product’s readiness for pickup by the Customer begins as follows:

If the Customer chooses payment by bank transfer, electronic payments, or credit card – from the date the Seller’s bank account is credited.

If the Customer chooses cash payment upon personal pickup – from the date of concluding the Sales Contract.
11. Product delivery takes place exclusively within Poland.
12. Product delivery to the Customer is paid, unless the Sales Contract states otherwise. Product delivery costs (including transport, delivery, and postal services fees) are indicated to the Customer on the online Store’s pages in the “Delivery Costs” tab and during the order placement process, including at the moment of the Customer expressing willingness to be bound by the Sales Contract.
13. Personal pickup of the Product by the Customer is free of charge.

§ 10

Right of Withdrawal from the Contract

  1. The Consumer may withdraw from the Sales Contract within 14 days without giving any reason.
  2. The period specified in paragraph 1 begins from the delivery of the Product to the Consumer or a person indicated by them other than the carrier.
  3. In the case of a Contract covering multiple Products that are delivered separately, in batches, or in parts, the period indicated in paragraph 1 runs from the delivery of the last item, batch, or part.
  4. In the case of a Contract involving the regular delivery of Products for a specified period (subscription), the period indicated in paragraph 1 runs from taking possession of the first item.
  5. The Consumer may withdraw from the Contract by submitting a declaration of withdrawal from the Contract to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the declaration before its expiry.
  6. The declaration may be sent via traditional mail, or electronically by sending the declaration to the Seller’s email address or by submitting the declaration on the Seller’s website – the Seller’s contact details are specified in § 3. The declaration can also be submitted using a form, the template of which is an annex to the Act of May 30, 2014, on consumer rights, however, this is not mandatory.
  7. If the Consumer sends the declaration electronically, the Seller will immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Contract to the email address provided by the Consumer.
  8. Effects of Withdrawal from the Contract:
  1. In the event of withdrawal from a Distance Contract, the Contract is considered not concluded.
  2. In the event of withdrawal from the Contract, the Seller shall immediately, no later than within 14 days from the date of receiving the Consumer’s declaration of withdrawal from the Contract, refund all payments made by the Consumer, including the costs of delivering the goods, with the exception of additional costs resulting from the Consumer choosing a delivery method other than the cheapest ordinary delivery method offered by the Seller.
  3. The Seller will refund payments using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for them.
  4. The Seller may withhold the refund of payments until receiving the Product back or until the Consumer provides proof of its return, whichever occurs first.
  5. The Consumer should return the Product to the Seller’s address provided in these Terms and Conditions immediately, no later than 14 days from the day on which they informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer returns the Product before the expiry of the 14-day period.
  6. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, it could not be returned by ordinary mail.
  7. The Consumer is only liable for any diminished value of the Product resulting from using it in a manner other than what was necessary to ascertain the nature, characteristics, and functioning of the Product.

9. If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as the costs of returning the Product, will be found in the Product description in the Store.

10. The Consumer does not have the right to withdraw from a distance contract in relation to a Contract:

  1. where the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs,
  2. where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
  3. where the subject of the service is an item that deteriorates quickly or has a short shelf life,
  4. for the provision of services, if the Seller has fully performed the service with the Consumer’s express consent, who was informed before the start of the service that they would lose the right to withdraw from the Contract after the Seller had performed the service,
  5. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the withdrawal period,
  6. where the subject of the service is items which, due to their nature, become inseparably combined with other items after delivery,
  7. where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control,
  8. where the subject of the service is audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
  9. for the delivery of newspapers, periodicals, or magazines, with the exception of a subscription contract,
  10. for the delivery of digital content not stored on a tangible medium, if the performance of the service began with the Consumer’s express consent before the expiry of the withdrawal period and after being informed by the Seller about the loss of the right to withdraw from the Contract,

§ 11

Complaints and Warranty

  1. The Sales Contract covers new and used Products. The condition of each used Product is described in detail on the Store’s pages.
  2. The Seller is obliged to deliver to the Customer goods free from defects.
  3. In the event of a defect in goods purchased from the Seller, the Customer has the right to file a complaint based on the provisions regarding statutory warranty for defects in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the statutory warranty for defects.
  4. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
  5. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer filing the complaint, and the Customer’s request regarding the defect in the goods.
  6. The Seller will respond to the complaint request without undue delay, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, the Customer’s request shall be deemed justified.
  7. Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of these Regulations.

§ 12

Out-of-court complaint and claim resolution methods

  1. Detailed information regarding the Consumer’s possibility to use out-of-court methods for handling complaints and pursuing claims, as well as the rules for accessing these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php
  2. The Consumer has the following exemplary possibilities to use out-of-court methods for handling complaints and pursuing claims:
  1. The Consumer is entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for resolution of a dispute arising from the Agreement concluded with the Seller.
  2. The Consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
  3. The Consumer may obtain free assistance in resolving a dispute between them and the Seller by also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Association of Polish Consumers).

§ 13

Personal Data in the Online Store

  1. The Seller is the administrator of Customers’ personal data collected via the Online Store.
  2. Customers’ personal data collected by the administrator via the Online Store are collected for the purpose of fulfilling the Sales Agreement, and if the Customer gives consent – also for marketing purposes.
  3. Recipients of personal data of Online Store Customers may be:
  1. In the case of a Customer who uses postal or courier delivery in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing deliveries on behalf of the Administrator.
  2. In the case of a Customer who uses electronic payments or payment card in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity processing the aforementioned payments in the Online Store.

4. The Customer has the right to access the content of their data and to correct them.

5. Providing personal data is voluntary; however, failure to provide the personal data specified in the Regulations necessary for concluding the Sales Agreement results in the inability to conclude that agreement.

6. The legal basis for processing personal data is Regulation (EU) 2016/679 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 (General Data Protection Regulation), commonly known as GDPR.

§ 14

Final Provisions

1. Agreements concluded via the Online Store are concluded in Polish.

2. The Seller reserves the right to amend the Regulations for important reasons, namely: changes in legal provisions, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.

3. In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means; the Act on Consumer Rights; the Act on Personal Data Protection.

4. The Customer has the right to use out-of-court methods for handling complaints and pursuing claims. For this purpose, they may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.