Terms of service

OF THE MOMENTUM ONLINE STORE

available at mmntm.pl

§ 1. GENERAL PROVISIONS

1. The online store available at mmntm.pl (hereinafter: the "Store") is operated by Mateusz Żurkiewicz, conducting business as a sole trader under the business name MMNTM Mateusz Żurkiewicz, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for economic affairs, Tax Identification Number (NIP): 9581766055, National Business Registry Number (REGON): 545118679, address for service: ul. Jantarowa 2, 55-095 Kamień, Poland (hereinafter: the "Seller").

2. The Seller may be contacted:

a) by e-mail at: mmntmcontact@gmail.com — the Seller makes every effort to respond to messages promptly, and in any event no later than within 7 Business Days;

b) by phone at: +48 531 430 999 (charged at the standard rate applicable under the Customer's operator's tariff);

c) in writing, at: ul. Nasypowa 9/147, 81-177 Gdynia, Poland.

3. These Terms of Service set out the rules and conditions for using the Store, including the rules and procedure for concluding distance Sales Agreements with the Customer through the Store, the rules for placing Orders, delivering ordered Goods, paying the purchase price, the Customer's right to withdraw from the agreement, and the rules for submitting and handling complaints.

4. These Terms of Service are made available to the Customer free of charge via the Store's website in a form that allows the Customer to obtain, reproduce and record their content (e.g. by printing or saving to a storage device) at any time, in accordance with Article 8 of the Polish Act of 18 July 2002 on the Provision of Electronic Services.

5. Using the Store, including browsing the product range and placing Orders, requires: a terminal device with Internet access and a web browser, an active e-mail account, and cookies enabled.

§ 2. DEFINITIONS

The terms used in these Terms of Service shall have the following meanings:

1. Customer — a natural person with full legal capacity, a legal person, or an organisational unit without legal personality to which the law grants legal capacity, placing an Order in the Store.

2. Consumer — a Customer who is a natural person performing a legal transaction with the Seller that is not directly related to that person's business or professional activity, within the meaning of Article 22¹ of the Polish Civil Code.

3. Sole Trader with Consumer Rights — a Customer who is a natural person entering into an agreement directly related to that person's business activity, where it is apparent from the content of the agreement that it is not of a professional nature for that person.

4. Goods — a movable item presented in the Store that may be the subject of a Sales Agreement, including a Medical Device as referred to in § 8 of these Terms of Service.

5. Sales Agreement — an agreement for the sale of Goods concluded at a distance between the Customer and the Seller through the Store.

6. Order — a declaration of intent by the Customer aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.

7. Business Day — a day from Monday to Friday, excluding statutory public holidays.

8. Durable Medium — any material or tool that enables the Customer or the Seller to store information addressed personally to them in a way that allows access to that information in the future for a period appropriate for the purposes for which the information is intended, and that allows the stored information to be reproduced unchanged (e.g. an e-mail message).

9. Medical Device — a device within the meaning of Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, and of the Polish Act of 7 April 2022 on Medical Devices, bearing the CE marking, offered in the Store in accordance with the rules set out in § 8 of these Terms of Service.

10. Consumer Rights Act — the Polish Act of 30 May 2014 on Consumer Rights.

11. Civil Code — the Polish Act of 23 April 1964 — the Civil Code.

§ 3. RULES FOR PLACING ORDERS AND CONCLUDING THE SALES AGREEMENT

1. Information about Goods provided on the Store's pages, including prices, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code, and not an offer.

2. In order to place an Order, the Customer should:

a) select the Goods and add them to the cart;

b) indicate the method of delivery and form of payment;

c) provide the data necessary to fulfil the Order (including, among others, first and last name, delivery address, e-mail address, and phone number);

d) read and accept these Terms of Service by ticking the relevant box before placing the Order;

e) confirm the placement of the Order with an obligation to pay by clicking a button clearly labelled, for example, "Order with obligation to pay", in accordance with Article 17 of the Consumer Rights Act.

3. Acceptance of these Terms of Service is a condition for placing an Order.

4. After the Order is placed, the Seller shall promptly send the Customer, to the e-mail address provided, a confirmation of its receipt. The Sales Agreement shall be deemed concluded at the moment the Customer receives the e-mail confirming acceptance of the Order for fulfilment.

5. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by sending the Customer an Order confirmation to the e-mail address provided, and by making these Terms of Service available on the Store's website.

§ 4. PRICES AND METHODS OF PAYMENT

1. The prices of Goods shown in the Store are stated in Polish złoty or in the currency of the ordering Customer's country and are gross prices. Prices do not include delivery costs, which are indicated separately during the Order placement process.

2. In the event of a price reduction on Goods, the Seller shall indicate, alongside the information on the reduced price, the lowest price of those Goods that applied during the 30 days preceding the introduction of the reduction, in accordance with Article 4(2) of the Polish Act on Informing about Prices of Goods and Services (implementing Article 6a of Directive 98/6/EC, as amended by the Omnibus Directive 2019/2161).

3. The Seller offers the following payment methods: traditional bank transfer, electronic payment/BLIK via the payment operator Paynow, payment card, and mobile payment.

4. Where the Customer chooses to pay in advance, the Order shall be forwarded for fulfilment once the payment has been credited.

§ 5. DELIVERY COSTS, METHODS AND DEADLINES

1. The Seller delivers Goods within the territory of the Republic of Poland and to other countries of the European Union.

2. Delivery is carried out via the courier services aggregator: furgonetka.pl.

3. Delivery costs are indicated to the Customer on each occasion during the Order placement process, before final confirmation of the Order, and are borne by the Customer, unless the Seller decides otherwise (e.g. as part of a free-delivery promotion).

4. The Order fulfilment time is up to 7 Business Days from the date the Sales Agreement is concluded or the payment is credited. Delivery times may vary for shipments outside the territory of Poland, depending on the carrier selected.

5. The Seller is obliged to deliver Goods free from defects.

§ 6. RIGHT OF WITHDRAWAL

1. A Consumer, as well as a Sole Trader with Consumer Rights, who has concluded a distance Sales Agreement with the Seller may withdraw from it within 14 days without giving any reason and without incurring costs, except for the costs specified in paragraph 6 below. This right arises from Article 27 of the Consumer Rights Act, implementing Article 9 of Directive 2011/83/EU of the European Parliament and of the Council, and applies in the same form in all EU countries.

2. The withdrawal period begins on the day on which the Consumer takes possession of the Goods.

3. The Consumer may withdraw from the agreement by submitting a statement of withdrawal to the Seller:

a) electronically via the Customer account in the Store, available at: https://shopify.com/101492425030/account;

b) electronically, to the e-mail address: mmntmcontact@gmail.com;

c) in any other form that clearly expresses the intention to withdraw from the agreement.

4. To meet the deadline, it is sufficient to send the statement before it expires.

5. In the event of withdrawal, the Sales Agreement shall be deemed not to have been concluded.

6. The Consumer is obliged to return the Goods to the Seller promptly, and in any event no later than 14 days from the day on which the Consumer withdrew from the agreement, to the address: ul. Nasypowa 9/147, 81-177 Gdynia, Poland. To meet the deadline, it is sufficient to send the Goods back before it expires. The Consumer bears the direct cost of returning the Goods, unless the Seller has agreed to bear them or failed to inform the Consumer of the need to bear those costs.

7. The Seller shall reimburse all payments received from the Consumer, including the cost of delivering the Goods, promptly, and in any event no later than within 14 days from the day on which the Seller received the statement of withdrawal, using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement that does not involve any additional cost for the Consumer.

8. The Seller may withhold reimbursement until it has received the Goods back or the Consumer has supplied evidence of having sent the Goods back, whichever occurs first.

9. The Consumer is liable for any diminished value of the Goods resulting from handling the Goods in a manner beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.

10. The right of withdrawal does not apply to the Consumer in the cases specified in Article 38 of the Consumer Rights Act, in particular with respect to Goods delivered in sealed packaging which cannot be returned after opening for reasons of health protection or hygiene, if the packaging has been opened after delivery.

11. The patches offered in the Store are a Medical Device delivered in sealed packaging for hygiene reasons — if the packaging has been opened after delivery, the return of such Goods as part of a withdrawal from the agreement is not possible.

12. The patch included with the order in separate packaging as a test patch (the “30 patches + 1 free” offer) is not subject to return in the event of withdrawal from the agreement and remains with the Consumer.

13. The provisions of this paragraph concerning the Consumer shall apply accordingly to a Sole Trader with Consumer Rights, in accordance with Article 38a of the Consumer Rights Act.

§ 7. COMPLAINTS — LIABILITY FOR CONFORMITY OF GOODS WITH THE AGREEMENT

1. The Seller is obliged to deliver Goods to the Consumer that conform with the Sales Agreement.

2. Agreements concluded with a Consumer or a Sole Trader with Consumer Rights for the sale of Goods are subject to the provisions of Chapter 5a of the Consumer Rights Act concerning conformity of goods with the agreement, instead of the warranty (rękojmia) provisions of the Civil Code. These provisions implement Directive (EU) 2019/771 of the European Parliament and of the Council, harmonising these rules across all EU countries.

3. A complaint may be submitted in writing to the Seller's address or electronically to: mmntmcontact@gmail.com. It is recommended to include a description of the non-conformity, the circumstances of its occurrence, contact details, and the Consumer's request.

4. The Seller shall respond to the complaint promptly, and in any event no later than within 14 calendar days from the date of its receipt.

5. Costs related to the repair or replacement of the Goods, including shipping costs, shall be borne by the Seller.

§ 8. MEDICAL DEVICES SOLD IN THE STORE

1. Certain Goods offered in the Store constitute medical devices within the meaning of Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices (hereinafter: the "MDR"), and of the Polish Act of 7 April 2022 on Medical Devices (hereinafter: the "Medical Devices Act"), bearing the CE marking. Medical Devices are marked as such in the description of the relevant Goods in the Store on each occasion.

2. The Seller, acting as a distributor of Medical Devices within the meaning of Article 14 of the MDR, verifies before placing a given Medical Device on sale in the Store that:

a) the Medical Device bears the required CE marking and a declaration of conformity issued by the manufacturer;

b) the Medical Device is accompanied by instructions for use or a label in the Polish language;

c) the Medical Device is marked with data enabling identification of the manufacturer or its authorised representative.

3. The Seller ensures that Medical Devices are stored and transported in accordance with the conditions specified by the manufacturer in the instructions for use or on the label, so as not to compromise their properties and the safety of their use.

4. Before using a Medical Device, the Customer is required to read the accompanying instructions for use or label and to use the Medical Device in accordance with its intended purpose.

5. In the event of a suspected serious incident related to a Medical Device (in particular an unexpected deterioration in health or a defect in the Device that may endanger safety), the Customer is asked to contact the Seller promptly at mmntmcontact@gmail.com and, if necessary, the relevant medical services. The Seller shall report serious incidents to the President of the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products (URPL) in accordance with applicable regulations.

6. The provisions of § 6 (right of withdrawal) and § 7 (conformity of Goods with the agreement) of these Terms of Service shall apply accordingly to Medical Devices, provided that where a Medical Device has been delivered in sealed packaging for hygiene reasons and the packaging has been opened after delivery, the right of withdrawal does not apply, in accordance with § 6(10) of these Terms of Service.

§ 9. PERSONAL DATA

1. The controller of the personal data of Customers provided in connection with the use of the Store is the Seller.

2. The rules for processing personal data, including the purposes and legal bases for processing, data retention periods, and the rights available to Customers under Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), are set out in a separate Privacy Policy.

3. Providing personal data is voluntary, but necessary for concluding and performing the Sales Agreement.

§ 10. CROSS-BORDER SALES (CUSTOMERS FROM OTHER EU COUNTRIES)

1. The Store allows Orders to be placed by Customers residing in EU countries other than Poland.

2. Polish law governs the Sales Agreement. The choice of Polish law does not deprive the Consumer of the protection afforded by provisions that cannot be derogated from by agreement, under the law of the country in which the Consumer has their habitual residence, in accordance with Article 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council (Rome I).

3. The 14-day withdrawal period, the rules on liability for conformity of Goods with the agreement, and other consumer rights arising from EU law apply to Consumers regardless of their country of residence within the EU.

§ 11. FINAL PROVISIONS

1. The Seller reserves the right to amend these Terms of Service for important reasons, in particular: changes in the law, changes in payment or delivery methods, changes in the scope of the Seller's business activity, prevention of abuse, and improvement of customer service.

2. The Seller shall notify Customers of any amendment to these Terms of Service by publishing the consolidated text of the Terms of Service on the Store's website, at least 7 days before it takes effect.

3. Sales Agreements concluded before the date an amendment to these Terms of Service takes effect shall be governed by the version of the Terms of Service in force on the date the Order was placed.

4. In matters not regulated by these Terms of Service, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Consumer Rights Act, the Act on the Provision of Electronic Services, the Medical Devices Act, and the GDPR.

5. Any disputes arising between the Seller and a Customer who is a Consumer or a Sole Trader with Consumer Rights shall be resolved by the court having jurisdiction under the provisions of the Polish Code of Civil Procedure. Disputes with the Seller arising with a Customer who is neither a Consumer nor a Sole Trader with Consumer Rights shall be resolved by the court having jurisdiction over the Seller's registered address.

6. These Terms of Service enter into force on 15 September 2026 and apply to Orders placed from that date onward.

7. These Terms of Service may also be made available to Customers in language versions other than Polish, to facilitate understanding of their content. In the event of any discrepancy between the Polish version and another language version of these Terms of Service, the Polish version shall prevail.