Terms and Coditions of the Mangomica Online Store

effective from 01.04.2024

The website https://mangomica.com/, hereinafter referred to as the Store/Online Store, is operated by Mangomica spółka z ograniczoną odpowiedzialnością /limited liability company/ with its registered office in Warsaw at Rondo Organizacji Narodów Zjednoczonych 1, 00-124 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under the number KRS /National Court Register/ 0001043869, NIP /Tax Identification Number/ 5273063344, REGON 525673570
address for correspondence: Rondo Organizacji Narodów Zjednoczonych 1, 00-124 Warsaw,
email address: biuro@mangomica.com
phone number: +48 516 986 599
hereinafter referred to as the Seller.

These Terms and Conditions define the rules for using the Store, placing orders for Products, paying the sales price of the Products by the Customer, delivering the Products to Customers, the Customer’s right to withdraw from the Sales Contract, the rules for filing and handling complaints, the procedure for returning Products, and the provision of free services electronically.

§ 1 DEFINITIONS

  1. Business Day – a day of the week from Monday to Friday, excluding weekends and public holidays.
  2. Delivery – the actual action of delivering the Product specified in the Order to the Customer by the Seller, through the Supplier.
  3. Supplier – an entity that delivers the ordered Product to the Customer.
  4. Customer :
    1. every adult natural person with the capacity to perform legal acts and making a purchase not directly related to their business activity, hereinafter referred to as the Consumer,
    2. every legal person and organizational unit not being a legal person, which is granted legal capacity by special regulations, a natural person making a purchase directly or indirectly related to their business or professional activity, an entity indicating its tax identification number (NIP) for the purpose of making purchases in the Store, hereinafter referred to as the Entrepreneur,
    3. every natural person entering into an contract directly related to their business activity, where the content of this contract indicates that it does not have a professional character for this person, especially resulting from the subject of their business activity, as made available based on the regulations on the Central Register and Information on Economic Activity, also referred to as the Entrepreneur with consumer rights.
  5. Civil Code – the act of April 23, 1964 Civil Code.
  6. Customer Account – an individual account for each Customer, a panel launched and maintained by the Seller for the Customer after the Customer registers and successfully concludes a service contract electronically.
  7. Cart – a Store feature allowing the display of Products selected by the Customer covered by the Order, intended for purchase, and also allowing the entry and modification of Order details: number of Products, Delivery method and address, payment form.
  8. Terms and Conditions – these Terms and Conditions, which are the regulations referred to in the act of July 18, 2002 on electronic service provision.
  9. Force Majeure – sudden, unforeseen events beyond the control of the Parties, particularly events caused by natural forces like floods, heavy rains, etc., actions of third parties over which neither Party had direct influence, a state of natural disaster, terrorist attack or its threat, failure to provide data or providing incomplete or misleading data, as well as those preventing the execution of the Order, causing a lack of contact with the Customer, and other cases specified in the Terms and Conditions, which will be treated by the Parties as circumstances justifying the impossibility of fulfilling the contract, treated as circumstances justifying the Parties’ withdrawal from the contract.
  10. Website – the websites, all subpages, where the Seller operates the Online Store and related services, functioning in the domain https://mangomica.com/.
  11. Parties – the Customer and the Seller
  12. Product – items/item available in the Store’s offer, which may be covered by the Customer’s Order.
  13. Sales Contract – a sales contract concluded between the Customer and the Seller remotely, according to the rules set out in the Terms and Conditions.
  14. User – any natural person who uses the Website, including the Customer.
  15. Order – an Order placed by the Customer with the Seller via the Online Store, as a result of which a remote contract concerning the Product is concluded between the Seller and the Customer.

§ 2 GENERAL PROVISIONS

  1. To browse the Store’s assortment and place Orders for Products, a computer or other device (e.g., smartphone, tablet) with Internet access and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, and an active email account are required.
  2. To conclude and execute the Sales Contract and to perform services provided electronically via the Website,
  3. the Customer must provide correct contact details. Providing incorrect data shall be treated as a case of Force Majeure.
  4. The “Mangomica” designation (including the logo) cannot be used in advertising and related publications without the written consent of the Seller. The content of the Website (texts, graphics, logos, mechanisms, software and solutions, technical specifications, and Product descriptions, included files) and all its parts are for informational purposes only and are the property of the Seller and its partners and subsidiaries, regulated by appropriate contracts and licenses between them. The entire content of the Website is protected by Polish and international copyright laws. Copying for commercial or non-private purposes, reproducing, distributing by any printing or electronic method, or any other use in whole or in part of the information, data, and other content from the Website without the Seller’s consent is prohibited.

§ 3 USING THE ONLINE STORE FUNCTIONALITY

  1. Every User should read the Terms and Conditions before using the Website.
  2. Upon accessing the Website, the Seller provides the User with an electronic service that enables access to the content and resources made available by the Seller, as well as familiarization with them, and also allows the use of publicly accessible tools on the Website. The contract for the provision of electronic service between the Seller and the User is terminated when the User leaves the Website. The Seller provides the following electronic services free of charge for the User: Customer Account service, Order form and other forms service, Newsletter service.
  3. Browsing the Store’s assortment does not require registration. Placing an Order for Products in the Store’s assortment does not require registration. The User can make a purchase as a guest.
  4. The User can register in the Online Store and make purchases based on a Customer Account.
  5. Registration in the Store and using the Store’s functionality are free of charge.
  6. To register, the User fills out the registration form on the Website, providing their data and setting an individual password. By registering, the User must accept the Terms and Conditions. After registering, a confirmation of registration will be sent to the email address provided by the User during the registration process. Upon receiving the registration confirmation, a contract for the service of maintaining the Customer Account is concluded between the User and the Seller.
  7. The Customer can cancel the Customer Account at any time. To unregister from the Online Store, send a message to the email address biuro@mangomica.com or via the contact form on the Website with a request to unregister, including data allowing identification of the User (email address).
  8. The Seller terminates the electronic service provision contract by sending a relevant declaration to the User’s email address provided during registration.
  9. Users can order Products via the order form. Users can contact the Seller via the contact form on the Website and send inquiries about ordering Products in different capacities than those indicated on the Website using the “Ask about a different capacity” form, with the Seller reserving the right to respond to selected messages and to publish reviews sent by Users along with their email address if the messages are in the form of reviews. The contract for the provision of the form service is single-use, provided for a specified time, and terminated when the User sends the form or stops using the form.
  10. Advice posted on the Website is for reference and informational purposes only. It cannot replace professional advice from a specialist (e.g., medical advice). In particular, the Website and its content should not be understood as medical advice, prescription advice, or initial advice – as defined in Order No. 79/2022/DSOZ of the President of the NFZ of June 29, 2022, nor do they constitute a recommendation for any treatment method. No content on the Website aims to or should be understood as providing healthcare services without authorization – as defined in Article 58 of the Act of December 5, 1996, on the professions of a doctor and dentist. Information on the website does not establish a doctor-patient relationship between the User and the Seller. The Seller is not liable for any harm resulting from following or not following the information on the Website. The content of the Website expresses the Seller’s views.
  11. The Seller may deprive the User of the right to use the Online Store or limit their access to part or all of the Online Store resources with immediate effect if the User violates the Terms and Conditions, particularly if the User:
  12. a) provided false, inaccurate, or outdated data, misleading information, or violated third-party rights during registration in the Online Store,
  13. b) violated the personal rights of third parties through the Online Store, particularly the personal rights of other Store Customers,
  14. c) engages in other behaviours deemed by the Seller to be inconsistent with applicable laws, good customs, or general Internet usage principles or detrimental to the Seller’s good name.
  15. A person deprived of the right to use the Online Store cannot re-register without the Seller’s prior consent.

§ 4 ORDER FULFILLMENT CONDITIONS

  1. The fundamental condition for placing an Order is reading and accepting the Terms and Conditions.
  2. The Customer can place Orders in the Online Store via the Website 7 days a week, 24 hours a day. Orders placed on Saturdays, Sundays, and holidays will be processed on the first business day following the day the Order was placed.
  3. Orders are fulfilled within the European Union.
  4. Information contained on the Website constitutes an invitation for Customers to submit offers to conclude a Sales Contract, within the meaning of the Civil Code.
  5. The subject of sale is Products free from defects, presented by the Online Store at the time of placing the Order by the Customer. Product photos on the Website serve for presentation purposes. Photos of some Products may slightly differ from the actual appearance of the Product delivered to the Customer.
  6. A Customer placing an Order via the Website completes the Order by selecting the Product they are interested in. Adding a Product to the Order is done by adding the Product to the cart. The option is available under the Product presented on the Website.
  7. After completing the entire Order and indicating the Delivery method and payment form in the Cart, the Customer places the Order by sending the Order form to the Seller, selecting the “Buy and pay” option on the Website.
  8. The total cost of the Order, including the Product prices and Delivery costs, is indicated in the Cart before the Customer places the Order.
  9. Placing an Order constitutes an offer to the Seller by the Customer to conclude a Sales Contract for the Products covered by the Order.
  10. After placing the Order, the Seller sends a confirmation of its submission to the email address provided by the Customer. The Order will be effectively submitted if the Customer correctly fills out the Order form and provides correct contact details. If the Seller can, they will promptly inform the Customer of an incorrectly filled Order form that prevents effective Order submission. If contact with the Customer is not possible, this circumstance shall be treated as a case of Force Majeure.
  11. After confirming the Order submission, the Seller sends an email to the Customer’s provided address with information on the Order acceptance for processing. The Order acceptance information constitutes the Seller’s declaration of accepting the Customer’s offer, and upon its receipt by the Customer, a Sales Contract is concluded.
  12. After concluding the Sales Contract, the Seller confirms its terms to the Customer, sending them to the Customer’s indicated email address.
  13. The Seller reserves the right to refuse or cancel the Order if it was placed using software, a robot, crawler, spider, or any automated system or script behaviour or any third-party services used to place the Order on behalf of the Customer.
  14. Order fulfilment occurs after the Seller receives full payment or, in the case of payment made by a payment service provider, after the provider confirms the correct execution of full payment.
  15. The Customer should make payment for the Order in the amount resulting from the concluded Sales Contract within seven business days. If the Customer fails to make the payment within this period, the Seller has the right to withdraw from the Sales Contract.

§ 5 PAYMENTS

  1. Prices on the Store’s Website for a given Product are gross prices and do not include Delivery costs, which the Customer will be obliged to incur and of which the Customer will be informed when choosing the Delivery method and placing the Order.
  2. Orders placed in the Store can only be paid for online in advance (before the Seller sends the ordered Product).
  3. The current payment methods available are specified on the Website and indicated to the Customer during the Order process.
  4. Prices may change at any time. However, except for additional shipping costs, price changes do not apply to already placed orders.

§ 6 DELIVERY

  1. Delivery is available within the European Union using courier or parcel locker services.
  2. The Customer is obliged to provide a correct and precise delivery address for the Product.
  3. Order fulfilment includes preparation, assembly, packaging, and issuance of the Product by the Seller. The average order fulfilment time is up to 3 business days.
  4. The delivery time by the Carrier to the Customer’s chosen delivery method is added to the Order fulfilment time. nformation about delivery methods and costs is available on the Website and provided to the Customer during the Order process.
  5. Ordered Products are delivered to the Customer at the address specified during Order placement.
  6. The Customer receives confirmation of dispatch to the email address provided by them on the day the Product is sent to the Customer.
  7. The Customer is obliged to inspect the delivered shipment promptly and, in a manner that is accepted for shipments of that type. In case of loss or damage to the shipment, the Customer has the right to demand that the Carrier draw up an appropriate protocol.
  8. In the event of refusal to accept the shipment or impossibility of delivery due to reasons attributable to the Customer, the Seller has the right to charge the Customer for costs incurred in connection with such a situation (e.g., return costs of the shipment to the Seller or re-delivery to the Customer). The Seller will contact the Customer to arrange a new delivery date and cost.

§ 7 COMPLAINT PROCEDURE

  1. The subject of the sale are Products free from physical and legal defects, unless otherwise indicated by the Seller, presented by the Store at the time of placing the Order by the Customer, with the reservation that under Article 558 Section 1 of the Civil Code, the Seller excludes liability towards Entrepreneurs and Entrepreneurs with consumer rights.
  2. Subject to the mandatory provisions of law, to the maximum extent permitted by law, the Seller’s liability for damages caused to Customers who are not Consumers or Entrepreneurs with consumer rights due to a defect in the Product is limited to the amount paid by such Customer to the Seller for the purchase of the Product.
  3. If the Product has defects, the Seller is liable under warranty to the Consumer if a physical defect is found within two years from the date of issue of the Product to the Consumer, unless the Seller has indicated a longer period of usability for the Product.
  4. To have a complaint considered by the Seller, the Customer should provide a description of the complaint. If handling the Customer’s complaint or exercising the Customer’s warranty rights requires the Product to be delivered to the Seller, the Seller will ask the Customer to deliver the claimed Product.
  5. The description of the warranty claim should include the Customer’s details (name, contact details including email) and specify the reason for the complaint and the content of the request.
  6. Under the rules set out in the Civil Code and the Act of 30 May 2014 on consumer rights, the Consumer may demand the replacement of the Product with a defect-free one or the removal of the defect, and if the Seller does not replace the defective item with one free of defects or does not remove the defect, the Consumer may demand a price reduction or withdraw from the sales contract.
  7. A warranty claim (i.e., the claimed Product and a description of the claim in writing) should be sent by the Consumer to the address: Rondo Organizacji Narodów Zjednoczonych 1, 00-124 Warsaw
  8. Alternatively, the Consumer may send a description of the claim by email to the email address
  9. biuro@mangomica.com or via the contact form available on the Website.
  10. Within 14 calendar days, the Seller will respond to the Consumer’s complaint by sending an email to the Consumer’s provided email address.
  11. Products should be returned by the Consumer in an unchanged condition. The Consumer is responsible for any decrease in the value of the item resulting from using it in a manner exceeding what is necessary to determine the nature, characteristics, and functioning of the Product.
  12. The Seller does not provide a warranty for the Products.
  13. A repaired Product is returned to the Consumer at the Seller’s expense.
  14. The Customer may lodge a complaint with the Seller regarding the use of free electronic services provided by the Seller. The complaint can be submitted via email to the Seller’s address at biuro@mangomica.com. In the complaint notification, the Customer should include a description of the issue encountered. The Seller shall review the complaint promptly, but no later than within 14 days, and provide a response to the Customer.

§ 8 WITHDRAWAL FROM THE SALES CONTRACT

  1. A Customer who is a Consumer or an Entrepreneur with consumer rights may withdraw from the sales contract within 14 days without giving any reason.
  2. The withdrawal period from the sales contract begins on the day the Customer or a third party designated by the Customer other than the Carrier acquires possession of the Product.
  3. A Customer who wishes to exercise the right to withdraw from the sales contract should inform the Seller of their decision by means of an unambiguous statement (e.g., by sending an email) to the Seller’s address before the expiration of the withdrawal period .
  4. The Customer may use the withdrawal form template, which constitutes Annex No. 2 to the Act of 30 May 2014 on consumer rights.
  5. Upon receipt of the declaration of withdrawal from the sales contract, the Seller will send the Customer a confirmation of receipt of the declaration of withdrawal by email to the email address provided.
  6. The Customer is obliged to return the Product to the Seller immediately, to the address: Rondo Organizacji Narodów Zjednoczonych 1, 00-124 Warsaw, no later than 14 days from the day of withdrawal from the sales contract, in a condition not exceeding what is necessary to establish the nature, characteristics, and functioning of the Product.
  7. The Seller does not accept COD shipments.
  8. If the Customer chose a method of delivery other than the cheapest standard delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Customer.
  9. In the event of withdrawal from the Sales Contract, the Customer bears only the direct costs of returning the Product (including the shipping costs of the returned Product).
  10. The returned Product, due to withdrawal from the contract, must be complete (including all accessories and components that constitute its integral part). It is recommended to properly secure the returned Product to prevent damage during transportation.
  11. The Customer is responsible for any decrease in the value of the Product resulting from using it in a manner exceeding what is necessary to determine the nature, characteristics, and functioning of the Product.
  12. In case of withdrawal from the Sales Contract, it is considered as not concluded.
  13. If the Customer submitted a declaration of withdrawal from the sales contract before the Seller accepted their offer, the offer ceases to be binding.
  14. The right to withdraw from the sales contract does not apply to the Customer with regard to contracts specified in Article 38 (1) of the Act of 30 May 2014 on consumer rights, in particular:
    1. for goods made to the consumer’s specifications or clearly personalized;
    2. for goods liable to deteriorate rapidly or with a short shelf life;
    3. for sealed goods which are not suitable for return due to health protection or hygiene reasons, if unsealed after delivery.
  15. The provisions of this paragraph (Section 8) apply only to Consumers or Entrepreneurs with consumer rights.

§ 9 REFUNDS TO CUSTOMERS

  1. The Seller shall refund the payment promptly, but no later than within 14 calendar days in the event of:
    1. return of the Product from the Order due to the exercise by the Consumer or Entrepreneur with consumer rights of the right to withdraw from the contract – the Store may withhold the refund of payments received from the Customer until the Product is returned or until the Customer provides proof of return, whichever occurs first;
    2. acknowledgment of the complaint and impossibility of replacing the Product or removing the Product’s defect;
    3. withdrawal from the sales contract by the Seller in situations specified in the Terms and Conditions and by operation of law.
  2. The Seller will refund the money to the Customer’s bank account (including the one linked to the Customer’s payment card) used for the payment to the Seller or another account specified by the Customer, at the Customer’s choice.

§ 10 NEWSLETTER

  1. The User can subscribe to the newsletter service (subscription). The newsletter service involves periodically sending the Seller’s informational bulletin and messages containing marketing content (commercial information) related to the Seller and its business partners (including, for example, content about the Products) to the provided email address.
  2. The newsletter subscription is made by providing an email address and selecting the appropriate option on the Website.
  3. Subscription to the newsletter is voluntary and free of charge. The newsletter service is provided for an indefinite period.
  4. The User can unsubscribe from the newsletter at any time. To do so, the User must send an email to the address provided on the Seller’s Website with a request to unsubscribe and specifying the email address.
  5. The Seller terminates the contract for the provision of electronic services by sending a relevant declaration of intent to the email address provided by the User during registration.

§ 11 COMPLAINTS REGARDING ELECTRONIC SERVICES

  1. The User has the right to file complaints to the Seller regarding the non-performance or improper performance of electronic services mentioned in § 3 paragraph 2 2 of this regulation. The complaints mentioned in the preceding sentence should be submitted via email sent to biuro@mangomica.com.
  2. A complaint under this paragraph should specify the type of request and the User’s contact details allowing the Seller to contact the User, including at least the User’s email address. In case of deficiencies in the complaint, the Seller will promptly request the User to complete it (to the extent necessary for the complaint to be considered), but no later than within 7 days from the day of receiving the request from the User.
  3. The Seller commits to considering the complaint mentioned in this paragraph within 14 days from the date of receipt, in the form of an email sent to the email address provided by the User.

§ 12 FINAL PROVISIONS

  1. The Terms and Conditions are available in electronic form and can be downloaded free of charge in PDF format.
  2. Changes to the Terms and Conditions may be introduced by the Seller in accordance with applicable law in this respect. The version of the Terms and Conditions applicable at the time of placing the Order by the Customer shall apply to contracts concluded before the change of the Terms and Conditions.
  3. The Seller will inform about changes to the Terms and Conditions through a message on the Store’s website.
  4. The Seller reserves the right to:
    1. change prices and the quantity of Products in the Online Store’s offer,
    2. withdraw individual Products from the Online Store’s offer.
  5. The applicable law for contracts and services provided by the Seller under these Terms and Conditions is Polish law. However, such choice of law shall not deprive the Consumer of the protection afforded to them by provisions that cannot be derogated from by contract, pursuant to the law of the country where the Consumer has their habitual residence.
  6. The applicable law for resolving all disputes arising under these Terms and Conditions is Polish law.
  7. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court complaint and redress procedures. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to resolve consumer disputes out of court. These may include consumer rights advocates or Voivodeship Trade Inspection Authorities, whose list is available on the website of the Office of Competition and Consumer Protection. The Seller informs that the platform for online dispute resolution between consumers and businesses at the EU level is available at http://ec.europa.eu/consumers/odr/.
  8. For statistical purposes and to improve the quality of the Website’s operation, the Seller uses information stored by the server on the end device of the Customer, which is then read each time the internet browser connects (cookies).
  9. The Privacy Policy is an integral part of these Terms and Conditions.