Terms & Conditions

PREAMBLE

This site is operated by MakeWithLove Sp. z o.o. (dba "Muuki"), having its registered office at Dereniowa 2/11, 02-776 Warszawa (Poland) and registered with the register of commerce and companies of Warsaw under number KRS 0000870413.

The present Terms & Conditions of sale apply to all Products offered and all Orders placed on this webiste www.muuki.eu

Products sold via Muuki webiste are reserved for private individuals (natural persons) only.

Consequently, validation of an Order of a Product offered on the Muuki website implies full and complete acceptance of these Terms & Conditions of sale by the Customer, without any manuscript signature being required.

Failure by a Customer to respect his obligations under these Terms & Conditions may result in his account being suspended or cancelled, notwithstanding any damages and interest that may be sought by Muuki.

Muuki reserves the right to modify the present Terms & Conditions at any moment.

ARTICLE 1 : OBJECT

The present Terms & Conditions have the aim of defining the rights and obligations of the various parties within the framework of the online sales of goods and services proposed by Muuki to the Customer.

The Customer is considered to accept without reserve the entirety of the provisions envisaged under these Terms & Conditions.

The present Terms & Conditions govern the sale of the Products on the day of the placing of the Order by the Customer.

ARTICLE 2 : PRODUCTS

The Products offered by Muuki comply with safety certification and quality standards.

Muuki will make its best efforts to ensure that the photographic visuals of the Products faithfully represent the Products offered for sale. It is nevertheless possible that the perception of the Products does not correspond completely to the Products.

Each Product is accompanied by a description (information sheet) of its main characteristics.

ARTICLE 3 : AVAILABILITY

Muuki is committed to delivering the Orders received subject to the availability of stocks.

Availability can vary during the same day according to the level of sales. Muuki carries out very frequent updates of availabilities, but cannot be held responsible if the stock is no longer the same as that which is indicated.

In the event of the unavailability of a Product after an Order has been placed, the Customer will be informed by e-mail of the delivery of a partial order or its cancellation. The Customer will then be refunded all or part of his Order within at most seven (7) days of having been notified of the cancellation of his Order.

ARTICLE 4 : PRICES

The prices of the Products are indicated in Euros and are inclusive of tax.

Muuki reserves the right to modify its prices at any time, however the Products will be billed on the basis of the rates in force at the time the Orders are registered.

The Products shall remain the property of Muuki until the price has been received in full by Muuki.

The prices do not take account of delivery charges, gift wrapping, possible promotional offers and personal reductions, which will be indicated in the Cart at checkout before the final confirmation of the Order.

The prices take into account the Polish VAT applicable on the day of the ordering, and any change of the statutory rate of VAT will be automatically reflected in the price of the products presented on the website, at the date stipulated by the decree of application.

Orders for delivery to countries outside the European Union are not subject to Polish VAT. The prices indicated on the website for such orders do not include tax. Nevertheless, these orders are subject to possible taxes and customs fees in the destination country. The aforementioned taxes are inherent to item delivery and are to be borne by the Customer. Muuki is not legally required to check and inform customers about taxes, customs and other applicable fees. Instead, it is the Customer's responsibility to request this information from competent local tax authorities.

ARTICLE 5 : ORDER

The Customer can place his order at www.muuki.eu via Internet 24 hours a day, 7 days a week.

The Customer declares that he was aware of and has accepted these Terms & Conditions prior to placing his Order.

The ordering process is composed of 6 successive stages :
- select Product/s with the possible options of colors, sizes, etc., indicated on the website;
- indicate the quantities requested;
- identify himself, either by entering his Customer login and password (strictly personal to him), or by giving all the information usually requested for an online inscription;
- indicate information necessary for the delivery, in particular to the precise address of delivery;
- indicate the selected method of delivery;
- indicate the selected method of payment.

Once the method of payment is selected, the Customer must proceed with payment of his Order on the secure server, which will formalize the Sales Contract with Muuki in a firm and final manner.
In every case, the online supply of the bankcard number and the final validation of the Order by the Customer will constitute proof of the order and current liability for the sums for the Product/s selected in the Order. This validation constitutes signature and acceptance of all the operations carried out on the www.muuki.eu website.

After an Order has been finalized, an e-mail is automatically sent to the Customer in order to confirm the Order, provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to Muuki. Muuki cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer.

The computerized registrations, preserved in the information processing systems of Muuki, under reasonable conditions of security, will be regarded as the evidence of the communications, the orders and the payments that have taken place between the parties.

Muuki reserves the right to cancel or reject any order of a Customer with whom there exists, or which appears during processing, a dispute, in particular a dispute over payment.

ARTICLE 6 : PAYMENT

Online payments for Orders place can be made by credit card. The credit cards accepted are : Visa, Mastercard, American Express.

The Customer guarantees that he has the necessary authorization to use the method of payment chosen by him, during the confirmation of the Order. The debit for purchases on the Customer's account is done at the time of the processing of the Order.

Muuki uses all means necessary to ensure the safety and confidentiality of data transmitted online. To this end, the site uses a protected mode of payment SSL (Secure Socket Layer) which allows the encoding of your banking co-ordinates during their transmission on the Internet. You can see that the transmission is encrypted by software from the padlock symbol which appears in your navigator. Muuki does not have access to this data and does not store them on its servers. For this reason, you will be asked to re-enter your details for every new transaction on the website.

Muuki reserves the right to suspend the processing and delivery of an Order, in the case of a payment authorization being refused by officially accredited organizations or in the case of non-payment. Muuki reserves the right to refuse to process and deliver an Order placed by a client who has not paid in total for a previous order or with whom a dispute over payment has still not been settled.

The purchase order which the Customer creates online or the confirmation of the order sent by email to the Customer by Muuki does not act as an invoice. The Customer has the original of the invoice in his online account. The invoice does not come with the parcel.

Muuki remains the owner of the Products delivered until their complete payment by the Customer. The provisions above do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products during delivery as well as of the damage which they could cause.

ARTICLE 7 : DELIVERY

DELIVERY ZONES

The Products offered by Muuki on this website are deliverable to most countries in the world.

If you don't see your country specified at checkout, please contact us for more information on delivery conditions.

DELIVERY SERVICES

Products are delivered to the address indicated by the Customer on the purchase order.

The Customer must check the exhaustiveness and the conformity of the information which he provides to Muuki.

Muuki cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, all expenses engaged for the reforwarding of an order will be entirely the responsibility of the Customer.

Muuki also cannot be held responsible for delivery delays because of errors or disruptions on the part of freight providers.

Muuki reserves the right to choose the provider, based on availability at the time of each dispatch.

DISPATCH TIME

Orders placed online via the www.muuki.eu webiste are dealt with each day from Monday to Friday, except public holiday.

Muuki does its utmost to treat and dispatch every order received before 11am the very same day, nevertheless the preparation and processing time of an Order may be lengthened at most by three (3) business days.

As of reception of the dispatch confirmation email, the Customer can take into account the delivery times mentioned below.
Muuki informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.

DELIVERY TIME

Delivery time depends on the place of delivery and sometimes additional circumstances outside the control of Muuki.
Muuki informs Customers of the delivery times on a purely indicative basis, as given by the freight providers.

Muuki may not be held liable for the consequences of any late delivery.

PACKAGING

The Products are packaged so as to respect the standards of transport in force, and to ensure an optimal protection of the Products during their delivery.

It is requested from the Customer to respect these same standards in the case of a Product being returned. Any damage noted to a Product arising from the Product not being repackaged properly may lead to an only partial refund, or no refund in the event of the impossibility of resale in its state.

GIFT WRAPPING

Muuki does not offer its Customers a gift wrapping service.

DAMAGED PARCEL

Muuki reminds Customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify Muuki of any damage occured in transport within two (2) working days.

It is also the Customer's responsibility to indicate any damages and/or anomalies on the delivery slip, presented to the Customer by the freight provider, entering and signing a handwritten reserve. In the case where such elements are not noted on the delivery slip, no complaint related to the state of the parcel can be accepted a posteriori by Muuki.

LATE DELIVERY OR NON-DELIVERY

In the case of a delay in delivery the Customer must contact Muuki via e-mail. Under these conditions, Muuki accepts the responsibility of contacting the freight provider concerned to carry out a search for the parcel.

In the event that the parcel is not found, the Customer will be able to ask that the same product be sent again (subject to availability), at Muuki's expense, or be refunded the full amount paid.

ARTICLE 8 : RIGHT OF WITHDRAWAL

In accordance with 2011/83/UE European Law as a consumer, all Customers being natural persons, who have placed an Order with Muuki have a period of fourteen (14) days in which to exercise their legal right of withdrawal. The period starts from the reception of the Product/s. If the period of fourteen (14) days expires on a Saturday, Sunday, public holiday or other non-working day, it is extended to the first following working day.

The Customer does not have to give any reasons for exercising their right of withdrawal.

To exercise your right of withdrawal, please send us an e-mail to help@muuki.eu

ARTICLE 9 : RETURNS & REFUNDS

In the event of the exercise of the right of withdrawal, the Customer may return the Product/s after reception, subject to the following provisions:

Customer must return the products to Muuki without undue delay and no later than fourteen (14) days from the date of communication of his withdrawal decision;
The Product/s must not have been used beyond what is necessary to establish the nature, characteristics and proper working of the Product. They must, therefore, not show any signs of any prolonged use. They must be in a perfect state for resale;
The Product/s must be returned in their original packaging in condition for resale.

The return costs are the responsibility of the Customer, who is free to choose the shipping method.

Muuki suggests to Customers to return their Product/s by registered mail and with a complementary insurance service, guaranteeing them, if necessary, the compensation of the Product/s to the level of their real market value in case of shipping damage or loss of this commodity. In all cases, the return is always made at the risk of the Customer. It is the Customer's responsibility to keep any proof of return.

Return address :

MakeWithLove Sp. z o.o. ("MUUKI")
ul. Dereniowa 2/11
02-776 Warszawa

Poland

The exercise of the right of withdrawal and successful return of the Product/s shall result in the refund of the amount paid at the time of the Order.

Muuki will proceed the with the refund no later than fourteen (14) days from the date on which the Customer exercised his withdrawal right. However, Muuki may postpone the reimbursement until the time of the reception of the returned Product/s.

All refunds will be made with the same payment method used for placing the Order.

In accordance with the banking legislation, no refund may be made to a credit card, if its expiry date has passed. Muuki reserves the right, in such an event, to ask you for a document that will allow it to make the corresponding refund.

ARTICLE 10 : PERSONAL DATA

In accordance with the Data Protection Law, Visitors or Customers of the Muuki website have a constant right to access, modify, correct and suppress the data which relates to them.

Personal data (address, e-mail address and telephone number) may be forwarded to third parties for the purpose of ensuring that an Order is properly delivered.

At the time of Customer inscription or ordering or within the framework of other specific operations, Muuki invites Visitors or Customers to receive its newsletters, its promotional offers, and/or to register to stay informed of its exclusive sales. At any time, the Visitor or Customer can modify his subscription through his personal account. Muuki is committed to taking into account the modifications of subscription and of withdrawal of subscription to its commercial emails within the shortest possible delay.

Our website uses cookies. These are small text files that are stored on the user's hard disk. The data collected are intended for Muuki's use. Cookies are necessary for the processing and management of the Customer's orders as well as for the commercial relations between Muuki and the Customer. They also allow Muuki to personalise the services it provides to the Customer and to improve the relevance of the information that it offers. Most of the cookies are for the purpose of enabling or facilitating your browsing and are necessary for the functioning of our online shop.

The Customer's expressed consent is required for the use of any cookies, whether Muuki's or of a third-party, that are not necessary for the functioning of the website. You may consent to or reject the use of cookies by adjusting the settings of your digital device accordingly. Please consult your browser user guide to find out how to do so.

ARTICLE 11 : INTELECTUAL PROPERTY

The entirety of the content (texts, slogans, product descriptions, works, illustrations, images, videos, graphics) posted on this site is reserved under copyright and intellectual property rights for the whole world. For this reason and conforming with the provisions of the Polish Code of Intellectual Property, only private use is authorized, subject to different provisions. Any other use may constitute pirating and be sanctioned by the law covering intellectual property, except in the case of preliminary authorization by Muuki.

Any total or partial reproduction of the Muuki webiste content is strictly prohibited.

Any person having an Internet site wishing to place on his site a simple link directly to the www.muuki.eu site must request authorization from Muuki. An authorization given by Muuki will not constitute an implicit agreement of affiliation and will not be in any case given on a permanent basis. By simple request from Muuki, this link will have to be removed.

ARTICLE 12 : FORCE MAJEURE

Neither the Customer nor Muuki will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by circumstances beyond their control.

Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances shall warn the other party within ten (10) working days from the date on which the first party has have learnt of it.

Force majeure will be considered to include the following: all-out or partial strikes, external or within the company, a blockage of supplies or transport for whatever reason, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, breakdown of telecommunications.

ARTICLE 13 : ENTIRETY & DURATION OF CONDITIONS

A change of legislation, regulation or a decision of the court rendering invalid one or more clauses of these genreral conditions will not affect the general validity of these Terms & Conditions.

If a condition is not explicitly mentioned, it will be regarded as conforming to usage in the sector of Internet order sales by companies based in Poland.

Relations between Muuki and the Customer are controlled exclusively by the present conditions and apply throughout the time of all online services offered by Muuki via this webiste.

Muuki reserves the right to modify the present Terms & Conditions at any moment.

The present Terms & Conditions govern the sale of the Products on the day of the placing of the Order by the Customer.

ARTICLE 14 : APPLICABLE LAW

The sale of Products and these Terms & Conditions are subject to Polish law.

In the event of a dispute regarding the existence, interpretation, execution or validity of these Terms & Conditions, customer courts alone are competent.

In the event of a dispute, an amicable resolution there of shall be sought prior to any legal action.

We ask for this purpose that you please contact our Customer Service by sending an e-mail to hello@muuki.eu

Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between Muuki and the Customer will be, in the absence of a mutual agreement, the exclusive competence of the courts of Warsaw, Poland.