Terms and Conditions
The terms used in these regulations mean:
- Seller / Service Provider – Moolea Agnieszka Leonowicz with its registered office at Birkenweg 12, 5303, Würenlingen in Switzerland, CHE-386.361.261, e-mail: email@example.com, telephone 0782229243
- Store – an online sales website through which the service provider provides services by electronic means, including, in particular, the presentation of products, placing orders, concluding contracts at a distance, run by the seller at the internet address www.moolea.ch
- Product / Goods – a movable item offered for sale by the seller, which is the subject of the sales agreement between the customer and the seller.
- Consumer – a natural person who performs a legal transaction with the entrepreneur unrelated to his business or professional activity.
- Entrepreneur with the rights of a consumer – a natural person running a sole proprietorship who agrees with another entrepreneur directly related to this economic activity, but this agreement does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by it, disclosed in Central Register and Information on Economic Activity.
- Customer – a natural person with total legal capacity, a legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal power, which intends to conclude or has concluded an agreement for the provision of electronic services or a sales agreement.
- Distance contract – the contract concluded with the customer as part of an organized system of concluding distance contracts, via 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 conclusion of the agreement.
- Terms and conditions – these terms and conditions available at https://moolea.ch/terms-and-conditions/
- Sales Agreement – a product sales agreement concluded between the customer and the seller via the store.
- Business day – a day of the week from Monday to Friday, excluding public holidays.
- Civil Code – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
- Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended).
- Force majeure – is defined as an external event, unpredictable (which also includes the low probability of its occurrence in a given situation) and impossible to prevent (not only the phenomenon itself but its consequences), in particular fires, floods, earthquakes, explosions volcanoes, outbreaks of epidemics, as well as general strikes, riots, hostilities, acts of terrorism, military coups. Also, some actions of state authorities, such as blockades of state borders or introducing export or import bans.
- These regulations define, in particular, the terms and conditions of using the store and the rights and obligations of the seller and the store’s customers.
- The seller sells goods via the store at www.moolea.ch.
- The seller sells in Switzerland, Europe, Canada and the US.
- Customers may communicate with the seller in writing, electronically or by phone (contact details as in point 1.1.1 of the Regulations), and the customers place orders following the procedure in point 5 of these regulations.
Rules for using the store
- Placing orders by the customer for products in the store’s assortment is possible after providing the necessary personal and address data enabling the order to be processed.
- To use the store, including viewing the assortment and placing orders for products, it is necessary to meet the minimum technical requirements, such as:
a) a computer, laptop or other multimedia device connected to the Internet
b) web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, Microsoft Edge – updated to the latest versions
c) an active e-mail account (e-mail)
e) recommended minimum screen resolution: 1024×768
- If the customer uses computer hardware or software that does not meet the technical requirements listed in point 3.1. Because of the regulations, the Service Provider does not guarantee the proper functioning of the store and reserves that this may harm the quality of services provided by electronic means.
- The customer is obliged to use the online store in a manner consistent with applicable law and the provisions of these regulations. He is obliged in particular to:
a) refraining from any activity that could affect the proper functioning of the store, including in particular any interference with the content of the store or its technical elements,
b) not to provide or transmit content prohibited by law, in particular content that is offensive or vulgar, inciting violence or other activities contrary to the law or decency, or that violate personal rights and other rights of third parties,
c) to use any content posted in the store solely for personal use,
d) use the store in a way that is not inconvenient for other customers and the seller.
- In case of a breach by the customer of these regulations, particularly by violating the provisions of point 3.4. Under regulations, the seller may deprive the customer of the right to use the store and immediately limit his access to some or all of the online store’s resources.
- The information provided by the customer during placing the order should be true, up-to-date and accurate. The seller reserves the right to refuse to process the order if the provided data makes it impossible to process. In particular, it prevents the correct delivery of the goods. However, before refusing to fulfil the order, the seller will try to contact the customer to determine the data in the scope, enabling the order execution.
- The service provider has the right to organize occasional promotions, the terms of which will be announced on the store’s website each time. Promotions cannot be combined unless the Regulations of given advertising provide otherwise.
- The service provider provides free and voluntary services by viewing the information contained in the store, providing a form for placing an order for products, using the contact form, and setting up a user account and newsletter service.
- The order form service allows customers to place orders for products offered by the seller via the store’s website, per the procedure provided in point 5 of the Regulations. The service is provided free of charge and is a one-off. The service ends immediately after placing the order.
- The Newsletter service allows subscribing to the Newsletter by checking the appropriate box on the store’s website. It is provided free of charge for an indefinite period. The customer can, at any time and without any reason, unsubscribe from the Newsletter by clicking the unsubscribe link in the e-mails received.
- The contact form service sends a message to the seller using the form available on the store’s website. Resignation from the above service is possible at any time and consists in ceasing to send inquiries to the seller.
- The user account service consisting in setting up and maintaining an account in the store is provided free of charge for an indefinite period. The account stores the buyer’s data and the history of orders placed by him in the store. The buyer logs in to the account using his e-mail address and the password he has defined. The customer may at any time, without giving a reason and at no cost, delete his account by sending a relevant request to the service provider in writing or via e-mail.
- Indicated in point 4.1. Services are provided by the service provider 24 hours a day, seven days a week.
- The seller makes every effort to ensure that the services provided within the store are at the highest level. However, the seller does not exclude the possibility of temporarily suspending the store’s availability, particularly in need of maintenance, inspection, modernization or expansion of the store.
- The service provider, to the fullest extent permitted by law, shall not be liable for any disruptions in the supply of electronic services, including interruptions in the functioning of the store caused by force majeure, unlawful actions of third parties or incompatibility of the online store with the customer’s technical infrastructure.
- Complaints regarding services provided by electronic means may be submitted in writing or by e-mail (contact details provided in point 1.1.1. Of the Regulations). In the complaint, the customer should provide his name, surname, correspondence address, and the type and date of irregularities related to the services offered by the service provider. The service provider will consider complaints within 14 days.
- The customer may purchase the goods included in the store’s assortment by placing an order. The customer places an order via the store’s website after providing the necessary personal and addresses data enabling the order to be processed.
- Orders can be placed 24 hours a day, seven days a week.
- The customer selects the goods in the store’s assortment when placing the order by its description and price and by specifying its quantity. Then, the customer completes the order using the basket and takes further technical steps to place the order based on the messages displayed to him and the information available on the website.
- When placing the order – until the button “buy and pay” is pressed, the customer has the option to modify the order, in particular concerning the selection of the goods and their quantity, and also has the opportunity to enter the promotional code, if the seller has previously made it available.
- After the customer using the store provides all the necessary data, a summary of the placed order will be displayed. The order’s summary will contain information on the subject of the order, the unit and total price of the ordered products and the payment method.
- To send the order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and click the “Buy and pay” button.
- Upon sending the order, a contract for the sale of goods covered by the order is concluded between the customer and the seller. The purchase confirmation will also be sent to the e-mail address provided by the customer when placing the order.
- The goods purchased by the customer will be sent to the customer to the address provided at the time of placing the order.
- An invoice without VAT is issued for each order. The invoice without VAT is delivered electronically to the e-mail address provided in the ordering process. By accepting the Regulations, you consent to the sending (sharing) of invoices in electronic form. The indication by the customer of data for issuing an invoice without VAT in the form of a CHE number and a sole proprietorship means the expression of the will to conclude a sales contract as an entrepreneur.
- The product price shown on the store’s website is given in Swiss Francs.
- The seller reserves the right to make changes to the prices of the products on an ongoing basis. This entitlement does not affect the value of the order placed before the price change date.
- The seller allows the reduction of the total amount to be paid by using the cart functionality called “enter code” when placing the order. This coupon automatically settles the value of the order before the customer submits the “buy and pay” order.
Payment and Order Processing
- Orders placed in the store can be paid for:
a.in advance (before picking up the subject of the order) – payable directly to the store’s account (electronic transfer, TWINT, or payment by credit card: Visa, Mastercard, Maestro)
b. in advance – by traditional transfer to the seller’s bank account
- The order is processed at the time indicated on the store’s website (each time it is indicated in the product description) and is counted from the moment the payment for the order is credited to the moment of shipping to the customer. The order is considered completed when the order is sent for shipment or prepared for personal collection by the customer.
- The seller is entitled to cancel the order if the customer fails to make full payment within five working days from the date of receipt by the customer confirmation of the order (regarding payment by traditional bank transfer). Cancelling the order means that the seller is released from the obligation to fulfil it.
- The order processing time may change for reasons beyond the seller’s control. If the execution of the order is not possible at the time indicated when placing the order, the seller will immediately notify the customer about it and show a new, approximate date of order fulfilment. If the customer does not accept the new date – he may withdraw from the contract without incurring any costs.
- Settlements of transactions by payment card and e-transfer are carried out through the Settlement Center _. These services are provided by _ based at ul. in _____.
- The delivery of the ordered goods takes place in Switzerland and Europe in the shipping method chosen by the customer and indicated when placing the order. The delivery time is counted from when the order is placed to shipment.
- The ordered goods are delivered through the suppliers indicated on the store’s website. The rates and the approximate delivery time of the goods are each time specified on the store’s website.
- The customer must provide the correct and accurate address to which the ordered goods will be delivered. Suppose the customer provides an incorrect address. In that case, the seller shall not be liable to the fullest extent permitted by law for non-delivery or delay in delivery of the ordered goods.
- The seller enables the personal collection of the goods by the customer.
Complaints about goods (warranty)
- The seller is liable to the customer who is a consumer for physical or legal defects of the goods according to art. 556 and following the Civil Code.
- Within two years from the receipt of the goods by the consumer, the seller shall be liable under warranty for physical and legal defects of the goods. In the case of a physical defect, the goods do not have the properties that they should have, due to the purpose in the contract marked or resulting from the circumstances or destination, or were delivered to the buyer incomplete and other defects specified in art—5561 of the Civil Code. A legal fault occurs when the goods are owned by a third party or encumbered with a third party’s right.
- In the event of a defect in the goods, the consumer is entitled to one of the following complaint claims against the seller:
a) submitting a declaration of withdrawal from the agreement (the consumer may not submit a declaration of withdrawal from the agreement if the defect is irrelevant.),
b) a request for a reduction in the price of the goods, unless the seller immediately and without undue inconvenience to the consumer replaces the goods with goods free from defects or removes the defect,
c) request for replacement of the product with a product free from defects,
d) a request to remove a defect.
- A claim for removing a defect or replacing the product with a product free from defects expires one year after finding the defect.
- A complaint may be submitted using the contact details provided in section 1.1.1. Of the Regulations, along with a description of the defect and proof of purchase in the store. In addition, the seller provides an example complaint pattern on the store’s website, which the customer may use.
- The complaint should contain, in particular, the following data: consumer’s name and surname, address, order ID, transaction date, subject and reason for the complaint, bank account number and contact details.
- The consumer will receive information on the method of considering the complaint within 14 days from the day following the receipt of the complaint by the seller. The consumer will be notified of the resolution of the complaint to the e-mail address he provided when placing the order.
The right to withdraw from the contract
- A consumer and an entrepreneur with consumer rights have the right to withdraw from the contract within 14 days without giving any reason. The period for withdrawal from the sales agreement starts when the consumer or a third party indicated by the consumer, other than the supplier, takes possession of the goods.
- The right to withdraw from the contract does not apply to entities conducting business activity, including professional activity, which, as part of this activity and for its needs, make purchases directly related to this activity in the store.
- A consumer or entrepreneur with consumer rights exercises the right to withdraw from the agreement by sending an appropriate statement in any form, including, among other things, to the address of the seller’s registered office or via e-mail to the following e-mail address: firstname.lastname@example.org. In addition, the seller provides a model withdrawal from the contract on the store’s website, which the entitled customer may use.
- The seller shall immediately send the customer a confirmation of receipt of the information on withdrawal from the agreement to the e-mail address provided by the customer when placing the order.
- In the event of withdrawal from the agreement, such a contract is considered void, and the parties are obliged to return what they have mutually provided.
- The goods should be returned by the consumer or an entrepreneur with consumer rights immediately, not later than 14 days from the date the consumer withdrew from the contract. The consumer covers the cost of returning the goods to the seller.
- The consumer and the entrepreneur, with the rights of the consumer, are liable for the decrease in the product’s value as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the good. The scope of this responsibility is determined based on comparing the value of the new good with the value of the returned good, calculated according to the degree of wear.
- The seller, no later than within 14 days from the date of receipt of the declaration of withdrawal from the sales agreement, returns all payments made, including the cost of delivery of the goods, subject to point 10. of these Regulations. The seller has the right to withhold the reimbursement of the value of the order together with the delivery costs until the goods are received back or until proof of their return is provided, whichever occurs first.
- The reimbursement referred to above will be made using the same payment methods that were used in the original transaction.
- If the customer exercising the right of withdrawal chose a method of delivery of the goods other than the cheapest usual method of delivery offered by the seller, the seller is not obliged to reimburse the additional costs incurred by the customer.
Out-of-court complaint handling methods and redress
- The seller informs that the customer who is a consumer has the right to use out-of-court means of redress by the online dispute resolution procedure developed by the European Commission available at: https://webgate.ec.europa.eu/odr/main/?event = main.home.show.
- The seller agrees to submit any disputes concerning the sale of goods through mediation. The parties to the conflict will determine the details.
- The ODR platform is a platform of an online dispute resolution system between consumers and entrepreneurs at the EU level, which is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
Security of Personal Data
- Providing personal data is voluntary. However, each person whose personal data is processed by the seller has the right to inspect their content and update and correct them.
- In the store, agreements are concluded in English and German.
- The seller reserves the right to amend or update these Regulations. The changed regulations will be made available in the store. Agreements concluded before the amendment to the Regulations shall be governed by the version of the Regulations in force on the date of placing the order by the customer.
- In matters not covered by the Regulations, the applicable provisions of Swiss law shall apply, particularly the Civil Code, the Act on the provision of electronic services and other relevant conditions of generally applicable law.
- These Regulations are valid from 09.2022.