Terms of service

§1. Preliminary Provisions

These Terms and Conditions set out the conditions for agreements concluded via the online store, the terms of digital services provided through the website, and the terms for providing the Newsletter.

Each Customer and User is obliged to read and accept the terms set out in these Terms and Conditions before entering into an Agreement with the Seller.

§2. Definitions

For the purposes of these Terms and Conditions, the following terms shall be understood as: 

1. Seller – Momonde Spółka z ograniczoną odpowiedzialnością with its registered office in Toruń, at ul. Pigwowa 6, 87-100 Toruń, registered with the District Court in Toruń, 7th Commercial Division of the National Court Register, KRS: 0001147804, NIP: 9562399101, REGON: 540600035, with a share capital of PLN 10,000.

2. Customer – a natural person with full legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity, who makes purchases via the Store.

3. User – a natural person with full legal capacity who subscribes to the Newsletter or uses Digital Services, thus entering into an Agreement with the Seller.

4. Consumer – a natural person making a purchase on the Website or using a free digital service offered by the Seller, for purposes not directly related to their business or professional activity.

5. Entrepreneur with consumer rights – a natural person concluding a purchase directly related to their business activity, where the nature of that activity does not indicate a professional purpose, particularly in reference to the subject of business registered in CEIDG.

6. Website – the website operated by the Seller, available at www.momonde.co.

7. Store – the functionality of the Website through which the Customer may make a purchase, available at www.momonde.co.

8. Digital Product – digital content offered by the Seller and delivered to the Customer in digital form, recorded on an intangible medium (e.g., a digital gift card in PDF format sent electronically), which is the subject of the Agreement between the Customer and the Seller.

9. Digital Service – a service allowing the storage and access to data in digital form or other forms of interaction through digital data, including hosting services for storing content provided by the User and at their request.

10. Goods – a physical product available in the Store’s assortment that is the subject of the Agreement between the Customer and the Seller.

11. Newsletter – digital content delivered to individuals who subscribe via the registration form available on the Website. The Newsletter may also include a so-called lead magnet (gift for subscribing), delivered once upon registration.

12. Digital Environment – computer hardware, software, and network connections used by the Consumer to make purchases in the Store, access purchased digital content and/or services, or access free digital services or the Newsletter.

13. Cart – part of the Store’s software where the Customer’s selected Goods and Digital Products or Services are displayed, and where the Order data can be set and modified.

14. Order Form – a form available in the Store allowing the placement of an Order, in particular by adding Goods and Digital Products or Services to the Cart and specifying the terms of the distance Agreement, including delivery and payment methods.

15. Registration Form – a form available on the Website allowing the conclusion of an agreement for the provision of the Newsletter.

16. Account Registration Form – a form available in the Store allowing the creation of an Account.

17. Account – an account in the Store that the Customer may, but is not required to, create, in which the Customer’s data and information on their Orders placed in the Store are stored.

18. Review Form – reviews of Digital Products and Services may be posted only by Customers who have made a purchase in the Store. The review form is sent by email via the external operator Trusted Shops. The Store has no influence over the content of reviews and cannot edit or delete them.

19. Order – a declaration of the Customer’s will submitted via the Order Form, aimed directly at concluding an Agreement.

20. Payment Operator – the PayPro SA (Przelewy24) payment system with its registered office in Poznań, at ul. Pastelowa 8, 60-198 Poznań, registered in the National Court Register under KRS: 0000347935, NIP: 7792369887, REGON: 301345068, share capital: PLN 4,737,100. Stripe Payments Europe Limited, PayPal, PayPo.

21. Agreement – a distance agreement concluded with the Customer as part of an organized distance agreement system (Store or registration form on the Website), without the simultaneous physical presence of the parties, using only one or more means of distance communication until the agreement is concluded.

22. Terms and Conditions – these Terms and Conditions.

 

§3. How to Contact the Seller

1. The Customer may contact the Seller in particular via:

a. email, at the address: ciao@momonde.co

b. the chat feature available at www.momonde.co

c. the brand’s official Facebook and Instagram channels

d. in writing to the following address: Momonde Sp. z o.o., ul. Pigwowa 6, 87-100 Toruń, Poland

e. by phone at: +48 508 430 221, Monday to Friday, between 9:00 AM and 4:00 PM (CET) 

1. Seller’s bank account number:

   PKO Bank Polski, IBAN: PL84 1020 5011 0000 9402 0438 7452
   

§4. Customer’s Digital Environment

1. To use the Website and the Store – including browsing the Seller’s product range, placing Orders, and accessing Digital Products or Services – the following are required: 

• an end device with internet access, an operating system, and a web browser that allows viewing web pages,

• a PDF, Word, or Excel file viewer,

• an active email address. 

1. The Seller takes technical and organizational measures to ensure secure access to the Website and Store for the Customer, as well as safe use of the Website’s functionalities and access to Digital Products and Services – especially by implementing safeguards that prevent unauthorized access to or modification of personal data.

2. The Seller reserves the right to temporary maintenance breaks necessary for scheduled or ongoing service and software updates of the Website and Store. In the case of planned downtime, Customers will be clearly informed via the Website.

3. To the fullest extent permitted by law, the Seller shall not be liable for disruptions to the functioning of the Website or Store, including interruptions caused by force majeure, unlawful acts of third parties, or incompatibility with the Customer’s hardware or software.

 

§5. Newsletter

1. The Seller enables Users to subscribe to the Newsletter via the Website. The terms of this service are outlined by the Seller on the Website.

2. To receive the Newsletter, the User must:

a. complete the Newsletter subscription form or consent to receiving marketing messages by ticking the checkbox at checkout;

b. give consent to the processing of their personal data for the purpose of sending the Newsletter, which includes direct marketing of the Seller’s products and digital services;

c. read and accept the content of these Terms and Conditions and confirm the subscription by clicking the “Join”, “Join the club” or similar button.

1. The first Newsletter, along with the sign-up gift (if applicable), will be delivered immediately after the User completes the subscription steps described in section 2 (provided the User has never previously subscribed). Subsequent Newsletters will be sent by the Seller at varying intervals depending on current marketing campaigns and circumstances.

2. The Newsletter subscription agreement is concluded for an indefinite period and may be terminated at any time with immediate effect. The agreement can be terminated by unsubscribing via the link provid

 

§6. Digital Services and Rules for Moderating User Content

1. The Seller enables the use of the following digital services:

a. access to and browsing of free content and product listings on the Website and in the Store, including the use of an internal search engine,

b. placing Orders in the Store without registration,

c. creation and maintenance of an Account in the Store,

d. the ability to publish User Content in the Store or on the Website, such as reviews of purchased physical and digital Products.

1. Agreements for the provision of digital services are concluded for an indefinite period and may be terminated at any time with immediate effect. The Account agreement can be terminated by deleting the Account after logging in or by sending a termination request to the Seller’s email address indicated in §3. Other services may be discontinued simply by ceasing to use them.

2. The Seller has the right to moderate User Content, i.e., to take actions aimed at detecting, identifying, and combating illegal or non-compliant Content, including its removal or disabling access to it for other Users.

3. The Seller may moderate User Content on its own initiative or following a report from other Users or third parties who deem the reported Content illegal or in violation of these Terms and Conditions.

4. The Seller considers as prohibited content any content that violates applicable law, good practices, or these Terms and Conditions, in particular:

a. violates third-party personal rights, intellectual property rights, data protection laws, or trade secrets,

b. promotes or glorifies hatred, discrimination, or violence against individuals or groups based on race, gender, sexual orientation, religion or lack thereof, belief, nationality, or disability,

c. contains pornography or other forms of sexual exploitation,

d. incites violence against humans or animals,

e. promotes or encourages terrorist activities,

f. is intended to defraud or deceive or supports such actions,

g. may mislead or harm public opinion (disinformation or “fake news”),

h. incites negative emotions or promotes behaviors dangerous to health or life,

i. is unrelated to the subject of the commented content,

j. contains vulgarities or content generally considered offensive,

k. promotes third-party services or products, or self-promotion of the author,

l. constitutes spam,

m. contains links.

1. Users or third parties who believe any User Content to be illegal or non-compliant (Prohibited Content) may report it to the Seller for moderation.

2. Reports should be sent to the Contact Point referred to in §3.

3. A valid report must include all of the following:

a. a sufficiently substantiated explanation of why the reported Content is deemed illegal or non-compliant,

b. a clear indication of the exact electronic location of the Content, such as the full URL(s) and, if applicable, additional identifiers,

c. the name and email address of the person or entity submitting the report (unless it concerns criminal offenses listed in Articles 3–7 of Directive 2011/93/EU),

d. a declaration made in good faith confirming that the information provided is accurate and complete.

1. If the report is incomplete or contains errors, the Seller will request that the submitter correct the deficiencies within 14 days, warning that failure to do so will result in the report being dismissed.

2. Upon receipt of a complete report, the Seller will promptly confirm its receipt by email.

3. The Seller will review the report within 14 days of receiving a complete submission. Additional information and/or documentation may be requested if necessary for verification.

4. The Seller may temporarily block access to the reported Content for other Users during the moderation process.

5. Moderation will be conducted in good faith and with due diligence, i.e., objectively, without discrimination, and proportionally:

a. by assessing the Content’s compliance with the law and the Terms and Conditions,

b. by deciding whether to remove it, restrict access or visibility, suspend or terminate the relevant digital service, or suspend or delete the User’s Account—or determine no violation occurred.

1. If the Seller has grounds to suspect a criminal offense that threatens life or safety, it will immediately notify the appropriate law enforcement authorities.

2. The Seller will notify both the User who posted the Content and the reporter of the moderation decision and provide justification, along with information on how to appeal—except where the Content constitutes misleading commercial information.

3. The justification will include:

a. what action was taken (e.g., removal, access restriction, account suspension) or a finding of no violation,

b. the facts and reasoning behind the decision, including whether it was initiated by the Seller or based on a report (and, if absolutely necessary, the reporter’s identity),

c. whether any automated tools were used in making the decision,

d. for potentially illegal content: the legal basis and explanation for considering it illegal,

e. for content in violation of the Terms: the contractual basis and explanation,

f. clear and user-friendly information about how to appeal the decision.

1. Appeals should be sent to the Contact Point described in §3.

2. Appeals must include:

a. the appellant’s name (or company name) and contact information,

b. an explanation of why the decision is contested, a description of the requested remedy, and supporting arguments.

1. Appeals will be reviewed within 14 days of submission.

2. Appeals will be handled without the use of automated decision-making systems.

§7. Paid Digital Products and Services 

1. Through the Store, the Seller enables the conclusion of Agreements for the delivery of digital content not stored on a tangible medium (Digital Products and Services) by placing an Order in accordance with §9 of these Terms and Conditions. This means that such content is made available as electronic files to be played or downloaded, depending on the selected Product or Digital Service (e.g., a digital gift card). The Seller provides detailed descriptions, including functionalities, of Digital Products and Services in their listings on the Website and/or in the Store.

2. For Digital Products and Services that are available for a limited time, the Seller fulfills the service by granting access for the period specified in the Product or Service description.

3. For Digital Products and Services offered as pre-orders, the Seller fulfills the service within the timeframe specified in their descriptions on the Website.

4. The absence of the Customer or their designated participant during the confirmed access time to a Digital Product, Digital Service, or other service does not entitle the Customer to withhold payment or to receive a refund if payment has already been made. This does not apply if the Customer, being a Consumer or an Entrepreneur with consumer rights, has validly withdrawn from the Agreement or if the Agreement has been lawfully terminated.

 

§8. Creating an Account in the Store

1. Creating an Account in the Store is free of charge.

2. To create an Account in the Store, the Customer must complete the Registration Form or check the appropriate box in the Order Form.

3. Logging into the Account is done by entering the username and password set in the Registration Form.

4. The Customer may delete the Account at any time, without providing a reason and without incurring any fees. This can be done using the Account’s built-in functionality or by sending an appropriate request to the Seller, in particular via email or in writing to the address provided in §3. Deleting the Account results in the loss of access to the data stored therein.

 

§9. Order Placement Rules

1. Orders in the Store can be placed 24/7, every day of the year.

2. Browsing the Store’s assortment does not require setting up an Account.

3. Customers may place orders for Goods or Digital Products offered in the Store’s assortment:

a. after creating an Account in accordance with the instructions in §8 of the Terms and Conditions,

b. or without creating an Account, by providing the personal and address data necessary to fulfill the Order.

1. To place an Order without registration, the Customer must:

a. Select the Good or Digital Product to be ordered and click the “Add to cart” button,

b. Go to the cart and click “Proceed to checkout”,

c. Fill out the Order Form by entering the recipient’s data and the delivery address, and choose the type of shipment (method of delivery, if applicable),

d. Enter invoice details if different from the recipient’s,

e. Choose one of the available payment methods, accept the Terms and Conditions, consent to delivery of the Good or Digital Product under conditions that result in loss of the right of withdrawal (if applicable), and click the “Buy and Pay” button,

f. Make the payment within the specified time, using the previously selected method.

1. To place an Order with registration (creating an Account), the Customer must:

a. Select the Good or Digital Product to be ordered and click the “Add to cart” button,

b. Go to the cart and click “Proceed to checkout”,

c. For the first order, complete the Order Form with recipient and delivery address data, choose the delivery method (if applicable), and check the “Create an account” box,

d. For subsequent orders, log in to the Store,

e. Enter invoice details if different from the recipient’s,

f. Choose one of the available payment methods, accept the Terms and Conditions, consent to delivery of the Good or Digital Product under conditions that result in loss of the right of withdrawal (if applicable), and click the “Buy and Pay” button,

g. Make the payment using the previously selected method.

 

1. Online payments are made directly on the Payment Operator’s page.

2. After completing the online payment, the Customer is redirected back to the Website.

3. At the moment the Customer confirms the Order by clicking the “Buy and Pay” button, an Agreement is concluded between the Customer and the Seller.

4. The Customer will receive a confirmation of the Agreement, the confirmation of the Consumer’s or Consumer-Entrepreneur’s consent to deliver digital content under conditions resulting in the loss of the right of withdrawal (if applicable), and a copy of these Terms and Conditions, sent to the email address provided in the order.

 

§10. Prices and Available Delivery and Payment Methods

1. The prices of Goods or Digital Products are specified in their descriptions available on the Website and in the Store.

2. All prices on the Website and in the Store are quoted in Polish zloty (PLN) and are gross prices (including applicable taxes).

3. The Seller does not use individual price adjustments based on automated decision-making systems.

4. The binding price for both parties to the transaction is the one displayed next to the Good or Product at the time the Order is placed by the Customer, in accordance with the procedure described in §9 of the Terms and Conditions.

5. The price of a Digital Product or Consultation is the total amount payable by the Customer, and the Customer is informed of this on the Store’s pages during the Order process, including at the time of expressing their intention to enter into the Agreement.

6. In the case of physical Goods, the total amount payable by the Customer includes the price of the Good and the delivery cost, which the Customer is informed of during the Order process, including at the time of expressing their intention to enter into the Sales Agreement.

7. There are no delivery charges associated with the provision of Digital Products or free Digital Services.

8. Delivery of a physical Product by the Seller is carried out within no more than 5 business days, unless a different date is specified in the product description. In the case of pre-orders, the physical Product will be delivered on the date specified in the product description available on the Website.

9. Customers ordering Goods may choose from the following delivery or pickup methods:

a. DPD courier

b. InPost courier

c. InPost parcel locker

1. Access to Digital Products and Digital Services is sent to the Customer’s email address provided in the order.

2. The Customer may pay for the Order using one of the following payment methods:

a. bank transfer to the Seller’s account

b. debit card

c. credit card

d. electronic bank transfers

e. mobile payments, including BLIK

f. deferred payments, including PayPo

1. Detailed information about the available payment methods for Digital Products or Goods is provided in the Order Form.

2. By concluding an Agreement with the Seller, the Customer consents to receiving invoices and corrections electronically, to the email address provided in the Order Form or in the message sent to the Seller.

 

§11. Delivery Time for Digital Products or Digital Services

1. The Seller shall deliver the Digital Product and/or Digital Service to the Customer immediately after the Agreement is concluded. If a Digital Product or Digital Service is to be delivered at a later date (e.g., in the case of pre-orders), the Seller will clearly state this in the description of the Product or Digital Service on the Website or in the Store.

2. A Digital Product is considered delivered when it has been made available to the Customer as an attachment to an email sent by the Seller after the Agreement is concluded or as login information to a platform from which the Digital Product can be downloaded.

3. A Digital Service is considered delivered when the Customer has gained access to it.

 

§12. Complaints (Liability for Non-Conformity of Performance with the Agreement)

1. The Seller is obliged to deliver Goods, Digital Content, or Digital Services to the Consumer and the Entrepreneur with consumer rights in accordance with the Agreement (known as consumer warranty).

2. If a Consumer or an Entrepreneur with consumer rights finds that the item is not in conformity with the Agreement, they should inform the Seller, also specifying their related request (filing a complaint).

3. The Customer may file a complaint in writing or via email to the address provided in §3 of the Terms and Conditions.

4. The complaint should include the Customer’s identifying data, a description of the subject of the complaint, and the related demands. If the complaint is incomplete, the Seller will request that the Customer supplement the missing information within 14 days from receipt of the request, with the instruction that failure to do so will result in the complaint being left unprocessed.

5. The deadline for the Seller to review the complaint is 14 days from the date the properly submitted complaint is received.

6. A lack of response from the Seller within the aforementioned time frame means that the complaint is considered accepted.

7. If the Customer is not a Consumer or an Entrepreneur with consumer rights, the Seller’s liability under the warranty for physical or legal defects of the goods is excluded (pursuant to Article 558 §1 of the Polish Civil Code).

 

§13. Right of Withdrawal from the Agreement

1. A Customer who is a Consumer or an Entrepreneur with consumer rights, who has concluded a Distance Agreement with the Seller, may withdraw from the Agreement without giving any reason within 14 days. In the case of Goods, this period is counted from the day the Goods are delivered to the Consumer/Entrepreneur with consumer rights or to a person indicated by them, other than the carrier chosen to deliver the Goods.

2. To meet the withdrawal deadline, it is sufficient for the Consumer or Entrepreneur with consumer rights to send information regarding the exercise of their right to withdraw from the Agreement before the withdrawal period has expired.

3. The right to withdraw from a distance agreement does not apply to the Consumer in relation to:

   a. contracts for the provision of services for which the Consumer or Entrepreneur with consumer rights is obliged to pay, if the Seller has fully performed the service with the express and prior consent of the Consumer or Entrepreneur with consumer rights, who has been informed before the service begins that they will lose the right to withdraw from the agreement upon its full performance by the Seller and acknowledged it;

   b. contracts for non-prefabricated Goods, manufactured according to the Consumer’s or Entrepreneur’s individual specifications or serving to meet their personalized needs (e.g., planner personalization by embossing a monogram on the cover);

   c. contracts for Goods delivered in sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery;

   d. contracts for Goods which, due to their nature, are inseparably connected with other items after delivery;

   e. contracts for the supply of Digital Content for which the Consumer or Entrepreneur with consumer rights is obliged to pay, if the Seller has begun performance with their express and prior consent, who has been informed before the performance that they will lose the right to withdraw from the agreement upon its performance and has acknowledged this, and the Seller has provided confirmation of contract conclusion and the consent to deliver digital content under these circumstances on a durable medium.

4. To withdraw from an Agreement not covered by the exceptions in point 3, the Consumer/Entrepreneur with consumer rights should notify the Seller of their intent to withdraw by submitting a declaration of intent in writing, either by email or post to the address indicated in §3 of the Terms and Conditions.

5. The Consumer and Entrepreneur with consumer rights may use the template provided in the annex to these Terms and Conditions and in the Returns and Complaints section. However, this is not mandatory.

6. In the event of withdrawal from the Agreement, the Seller will refund all received payments no later than 14 days from the day the Seller is informed about the withdrawal.

7. The Seller will refund the payments using the same method of payment that was used in the original transaction, unless the Consumer/Entrepreneur with consumer rights expressly agrees to a different method that does not incur any costs for them.

8. The Seller may withhold the refund until they receive the returned physical Product or proof that it has been sent back (whichever occurs first).

9. The Consumer is responsible for covering all direct costs of returning the Product, including packaging and shipping.

10. The Consumer and Entrepreneur with consumer rights are liable for any diminished value of the Product resulting from use beyond what is necessary to establish its nature, characteristics, and functioning.

11. In the case of effective withdrawal from a contract for the delivery of Digital Content or Digital Services, the Consumer and the Entrepreneur with consumer rights are obligated to cease using the content or service and to refrain from making it available to third parties.
    
    

§14. Alternative Dispute Resolution for Consumer Disputes

1. The Seller agrees to resolve any potential disputes arising from distance contracts through mediation. The details of such mediation will be determined by the parties involved in the dispute.

2. In the event that mediation efforts do not yield a resolution or the parties do not agree to mediation, and the Customer is not a Consumer or an Entrepreneur with consumer rights, the competent court for resolving all disputes related to such contracts shall be the court with jurisdiction over the Seller’s registered office.

3. A Consumer has the possibility to use out-of-court complaint and redress procedures. In particular, a Consumer may:

   a. submit a request to a permanent consumer arbitration court to resolve a dispute arising from a concluded contract;

   b. submit a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings for the amicable settlement of the dispute;

   c. seek assistance from the district (municipal) consumer ombudsman or a consumer protection organization whose statutory tasks include consumer rights advocacy.

4. A Consumer may also submit a complaint via the EU online dispute resolution platform (ODR), available at: http://ec.europa.eu/consumers/odr/.

5. More detailed information about alternative dispute resolution methods and redress procedures can be found on the website of the Office of Competition and Consumer Protection (UOKiK) at: http://www.uokik.gov.pl.

 

§15. Copyrights

1. The digital content available on the Website, in particular materials that are part of Digital Products and Services, constitutes original works and is protected under copyright law. These rights belong to the Seller or its collaborators who have granted the Seller appropriate licenses.

2. The Customer may use the purchased Digital Products and other content available on the Website under the principle of permitted private use. This means that the Customer and Website users may use such content solely for their own needs, including their business activities, provided that the purchaser is not entitled to share the content or any of its components with third parties as their own product or service (either for payment or free of charge).

3. If the Customer wishes to use the above-mentioned content or purchased Products or Services beyond the scope of private use, they should contact the Seller to negotiate individual terms.

4. Unauthorized distribution of the aforementioned content may result in civil and criminal liability.

 

§16. Personal Data and Cookies 

1. The rules regarding the processing of personal data and the use of cookies are described in the Privacy and Cookie Policy.

 

§17. Final Provisions

1. Agreements concluded by the Seller are executed in Polish.

2. The Seller reserves the right to amend the Terms and Conditions for valid reasons, such as: changes in legal regulations, rulings by public authorities, changes in service provision conditions, including payment and delivery methods, to the extent that these changes affect the execution of the provisions of these Terms and Conditions.

3. The Seller will inform about planned amendments to the Terms and Conditions by publishing them on the Website and, in the case of Users with whom an Agreement has been concluded, also via email (provided the User has given their email address to the Seller).

4. The amendments shall come into effect on the date of their publication on the Website, except for Clients and Users with whom an Agreement was concluded before the amendments and which has not yet been fully performed. For such Agreements, the amendments will become effective no earlier than 14 days after the User and Client have been notified, in the manner specified in point 3. The amendments do not affect previously acquired rights.

5. In case of amendments that significantly alter the terms of an already concluded Agreement, the Client or User has the right to terminate the Agreement within 14 days of being informed about the changes. If the Client or User does not terminate the Agreement within this period, the changes to the Terms and Conditions shall become binding on the next day following the expiration of the termination period.

6. In matters not regulated by these Terms and Conditions, the provisions of universally binding Polish law shall apply, in particular: the Consumer Rights Act, the Civil Code, the Entrepreneurs’ Law, the Act on Providing Services by Electronic Means, the General Data Protection Regulation (GDPR), and the Personal Data Protection Act.

7. These Terms and Conditions apply to agreements concluded on or after January 1, 2025.