Terms and Conditions

Terms and Conditions of the www.maluashop.com online store

Last updated: 19 August 2026

§ 1General provisions

  1. The www.maluashop.com Store operates on the principles set out in these Terms.
  2. These Terms set out the conditions for concluding and terminating Product Sales Agreements and the complaints procedure, as well as the types and scope of services provided by electronic means by the www.maluashop.com Store, the principles for providing those services, and the conditions for concluding and terminating agreements for the provision of services by electronic means.
  3. Every Service Recipient is obliged to comply with these Terms from the moment they take any action aimed at using the Electronic Services of the www.maluashop.com Store.
  4. In matters not governed by these Terms, the following shall apply:
    1. the Act on the Provision of Services by Electronic Means of 18 July 2002,
    2. the Consumer Rights Act of 30 May 2014,
    3. the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016,
    4. the Civil Code Act of 23 April 1964,
    5. and other relevant provisions of Polish law.

§ 2Definitions used in these Terms

  1. TERMS - these Terms of the Store.
  2. STORE - the Service Provider's online store operating at www.maluashop.com
  3. ELECTRONIC SERVICE – a service provided by electronic means by the Service Provider to the Service Recipient through the Store.
  4. CONTACT FORM - a form available on the www.maluashop.com website allowing a message to be sent to the Service Provider.
  5. REGISTRATION FORM – a form available on the www.maluashop.com website allowing an Account to be created.
  6. ACCOUNT – a set of resources in the Service Provider's IT system, identified by an individual name (login) and a password, in which the Service Recipient's data is stored, including information about Orders placed.
  7. ORDER FORM – a form available on the www.maluashop.com website allowing an Order to be placed.
  8. REVIEW SYSTEM - an Electronic Service made available to Customers by the Service Provider, allowing reviews of Products to be posted.
  9. NEWSLETTER – an Electronic Service allowing the Service Recipient to subscribe to and receive, at the e-mail address they provide, free information from the Seller about Products available in the Store. When signing up to the Newsletter, the Service Provider may offer users one-off benefits, including discount codes.
  10. BLOG - an Electronic Service allowing access to articles published by the Service Provider.
  11. SELLER, SERVICE PROVIDER – DOUBLE M SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered in the Register of Entrepreneurs by the DISTRICT COURT IN GLIWICE, 10TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS number: 0001009002, share capital paid up in full: PLN 5,000.00, place of business and address for service: ul. Tadeusza Kościuszki 38/4, 44-100 Gliwice, Poland, NIP: 6312709651, REGON: 523961476, e-mail address: hello@maluashop.com, telephone number: +48 506 855 877.
  12. SERVICE RECIPIENT – a natural person, legal person or organisational unit without legal personality to which the law grants legal capacity, using an Electronic Service.
  13. CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
  14. CONSUMER – a natural person who performs a legal act with an entrepreneur that is not directly connected with their business or professional activity.
  15. ENTREPRENEUR - a natural person, legal person or organisational unit that is not a legal person to which the law grants legal capacity, conducting business or professional activity in their own name.
  16. PRODUCT – movable property or a service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
  17. SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller through the Store.
  18. ORDER - a declaration of intent by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.
  19. PRICE – the value expressed in monetary units that the Customer is obliged to pay the Seller for the Product. The Price is expressed in the currency selected by the Customer.

§ 3Information about Products and how to order them

  1. The www.maluashop.com Store sells Products over the Internet.
  2. The Products offered in the Store are new, in conformity with the contract and have been lawfully placed on the Polish market.
  3. The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to buy the specified Product on the terms given in its description.
  4. The Price of a Product shown on the Store's website is given in Polish zloty (PLN), euro (EUR), Czech koruna (CZK), Danish krone (DKK), Romanian leu (RON), Swedish krona (SEK), Hungarian forint (HUF) or pound sterling (GBP), depending on the Customer's selection made through the Store's website, and includes all components, including VAT. The Price does not include delivery costs.
  5. The Price of a Product shown on the Store's website is binding at the moment the Customer places an Order. That Price will not change regardless of any price changes in the Store that may occur for individual Products after the Customer has placed the Order.
  6. The Seller informs Customers unambiguously about unit Prices and about promotions and reductions in Product Prices. Alongside information about a reduction on a Product, the Seller displays the lowest Price of that Product that applied during the 30 days before the reduction was introduced, and if the Product has been offered for sale for less than 30 days, the Seller displays the lowest Price of the Product that applied from the day the Product was first offered for sale until the day the reduction was introduced.
  7. Orders may be placed through the website using the Order Form (the www.maluashop.com Store) 24 hours a day, all year round.
  8. The Customer is not required to register an Account in the Store in order to place an Order.
  9. A condition of the Customer placing an Order in the Store is reading these Terms and accepting their provisions at the time the Order is placed.
  10. The Store processes Orders placed from Monday to Friday during the Store's working hours, that is from 9:00 to 16:00 on business days. Orders placed on business days after 16:00, and on Saturdays, Sundays and public holidays, will be processed on the next business day.
  11. Products on promotion (sale) are available in limited quantities and Orders for them will be fulfilled in the order received until stocks of the given Product are exhausted.
  12. The Seller allows Customers to place an Order for a personalised bedding set assembled using the configurator within the Store. The bedding set constitutes a single Product and its individual items cannot be returned separately. Because of its set nature, the Seller grants Customers a 10% discount on the Product purchased. If the Seller agrees to voluntarily accept the return of part of the set, the items retained by the Customer will be settled at regular Prices, that is without the 10% discount previously received for purchasing the set.

§ 4Conclusion of the Sales Agreement

  1. The conclusion of a Sales Agreement requires the Customer first to place an Order by the means made available by the Seller in accordance with § 3 points 7 and 9 of these Terms.
  2. After an Order is placed, the Seller promptly confirms its receipt.
  3. The confirmation of acceptance of the Order referred to in point 2 of this section binds the Customer to their Order. Confirmation of receipt of the Order is given by sending an e-mail message.
  4. The confirmation of receipt of the Order contains:
    1. confirmation of all material elements of the Order,
    2. a model withdrawal form,
    3. these Terms, containing information about the right of withdrawal.
  5. The Sales Agreement between the Customer and the Seller is concluded when the Customer receives the e-mail message referred to in point 4 of this section.
  6. Every Sales Agreement will be confirmed by proof of purchase (a VAT invoice on request or a personal invoice), which may be enclosed with the Product or sent to the Customer electronically to the e-mail address given in the Order Form. For Customers who are Entrepreneurs, VAT invoices are issued, in the cases provided for by applicable tax law, as structured invoices via the National e-Invoicing System (KSeF) and are deemed delivered in accordance with the law. A Customer who is an Entrepreneur is obliged to provide correct invoicing details no later than when placing the Order.

§ 5Payment methods

  1. The Seller makes the following payment methods available:
    1. payment through an electronic payment system (Przelewy24.pl, Blik, Klarna, ShopPay, ApplePay, GooglePay),
    2. payment on collection from the carrier, that is cash on delivery.
  2. In the case of payment through an electronic payment system, the Customer pays before processing of the Order begins. The electronic payment system allows payment by credit card or by fast transfer from selected Polish and foreign banks.
  3. In the case of cash on delivery, the parcel is dispatched after the address details have been verified. The Customer is obliged to pay for the Order and to collect the Product from the carrier.
  4. The Customer is obliged to pay the price under the Sales Agreement when placing the Order, unless the Sales Agreement provides otherwise.
  5. If the payment method described in point 1.1 of this section is selected, the Product will be dispatched only after it has been paid for.

§ 6Cost, time and methods of Product delivery

  1. The Product delivery costs borne by the Customer are determined during the Order process and depend on the payment method and the delivery method selected for the purchased Product.
  2. The Product delivery time consists of the time taken to prepare the Product and the time taken by the carrier to deliver it:
    1. preparation of Products takes up to 1 business day from:
      1. successful authorisation of the transaction by the electronic payment system
      2. or acceptance of the Order for processing by the Seller where cash on delivery has been selected,
    2. delivery of Products that are movable goods by the carrier takes place within the time declared by the carrier, that is up to 14 business days from dispatch of the parcel (delivery takes place only on business days, excluding Saturdays, Sundays and public holidays).
  3. Products purchased in the Store are shipped via parcel lockers or a courier company.
  4. Products purchased in the Store are shipped within the territory of the Republic of Poland, Austria, Hungary, Belgium, Bulgaria, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, the Netherlands, Ireland, Lithuania, Latvia, Luxembourg, Malta, Monaco, Germany, Portugal, Romania, San Marino, Slovakia, Slovenia, Sweden, the Vatican, the United Kingdom and Italy.
  5. The Seller may restrict “cash on delivery” for Customers with a negative purchase history, that is Customers who have previously chosen the “cash on delivery” option and failed to collect the Products ordered, causing loss to the Seller. In such a case the Seller has the right to refuse to process the Order and to withdraw from a Sales Agreement already concluded within 48 hours of its conclusion.

§ 7Product complaints

Complaint for lack of conformity of the Product with the contract.

  1. The basis and scope of the Seller's liability to a Customer who is a Consumer or an entity referred to in § 10 of these Terms for lack of conformity of the Product with the contract are set out in the Consumer Rights Act of 30 May 2014.
  2. The basis and scope of the Seller's liability under the statutory warranty to a Customer who is an Entrepreneur as referred to in § 9 are set out in the Civil Code Act of 23 April 1964.
  3. The Seller is liable to a Customer who is a Consumer or an entity referred to in § 10 of these Terms for any lack of conformity of the Product with the contract existing at the time the Product is delivered and revealed within 2 years of that time, unless the shelf life of the Product specified by the Seller or by persons acting on the Seller's behalf is longer.
  4. Notification of a lack of conformity of the Product with the contract and submission of the relevant request may be made by e-mail to: hello@maluashop.com or in writing to: Fobis Fulfillment / Malua, ul. Wolnosci 8, 41-940 Piekary Slaskie, Poland.
  5. In the written or electronic message referred to above, please give as much information and detail about the subject of the complaint as possible, in particular the nature of the defect, the date it occurred and your contact details. This information will make it considerably easier and faster for the Seller to handle the complaint.
  6. In order to assess the defect and the lack of conformity of the Product with the contract, the Consumer or the entity referred to in § 10 of these Terms is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at the Seller's own expense.
  7. The Seller will respond to the Customer's request promptly, and no later than 14 days from receiving it.
  8. In the case of a complaint by a Customer who is a Consumer or an entity referred to in § 10 of these Terms, failure to handle the complaint within 14 days of its submission is equivalent to accepting it.
  9. A Customer who is a Consumer or an entity referred to in § 10 may in the first instance request that the Seller repair or replace the Product. The Customer may request a price reduction or withdraw from the contract only in the cases set out in the Consumer Rights Act of 30 May 2014 (among others, where the lack of conformity of the goods with the contract is material, where the Seller has refused to bring the goods into conformity with the contract, or where the lack of conformity persists even though the seller has already attempted to bring the goods into conformity with the contract).
  10. In connection with a justified complaint by a Customer who is a Consumer or an entity referred to in § 10 of these Terms, the Seller accordingly:
    1. covers the costs of repair or replacement and of redelivering the Product to the Customer,
    2. reduces the Price of the Product (the reduced Price must remain in the same proportion to the Price of goods in conformity with the contract as the value of the non-conforming goods bears to the value of conforming goods) and refunds to the Consumer or the entity referred to in § 10 the amount of the reduction no later than 14 days from receiving the declaration of Price reduction from the Consumer or the entity referred to in § 10,
    3. where the Consumer or the entity referred to in § 10 withdraws from the contract, the Seller refunds the Price of the Product no later than 14 days from the day of receiving the returned goods or proof that they have been sent back. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 10 is obliged to return the goods to the Seller promptly, at the Seller's expense.
  11. The response to a complaint is provided on paper or on another durable medium, for example by e-mail or SMS.

§ 8Right of withdrawal

  1. Subject to point 10 of this section, a Customer who is at the same time a Consumer or an entity referred to in § 10 of these Terms and who has concluded a distance contract may withdraw from it without giving reasons by making an appropriate declaration within 30 days. Sending the withdrawal declaration made available by the Store is sufficient to meet this deadline.
  2. In the event of withdrawal, the Sales Agreement is deemed not to have been concluded, and the Consumer or the entity referred to in § 10 of these Terms is obliged to return the Product to the Seller, or hand it over to a person authorised by the Seller to collect it, promptly and no later than 30 days from the day on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. Sending the Product back before that deadline expires is sufficient to meet it.
  3. In the event of withdrawal from the Sales Agreement, the Product should be returned to: Fobis Fulfillment / Malua, ul. Wolnosci 8, 41-940 Piekary Slaskie, Poland.
  4. The Consumer or the entity referred to in § 10 of these Terms is liable for any diminished value of the Product resulting from handling it beyond what is necessary to establish its nature, characteristics and functioning, unless the Seller failed to inform the Consumer or the entity referred to in § 10 about the manner and time limit for exercising the right of withdrawal, and failed to provide them with the model withdrawal form. In order to establish the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of these Terms should handle and inspect the Products only in the same way as they could do in a physical shop.
  5. Subject to points 6 and 8 of this section, the Seller will refund the value of the Product together with its delivery costs using the same means of payment as the Consumer used, unless the Consumer or the entity referred to in § 10 of these Terms has expressly agreed to another method of refund that involves no cost to them. Subject to point 7 of this section, the refund will be made promptly, and no later than 14 days from the moment the Seller receives the declaration of withdrawal from the Sales Agreement.
  6. If the Consumer or the entity referred to in § 10 of these Terms has chosen a method of delivering the Product other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs they have incurred.
  7. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of these Terms, the Seller may withhold the refund of payments received from the Consumer until the goods are received back or until the Consumer or the entity referred to in § 10 of these Terms supplies proof that they have been sent back, whichever happens first.
  8. A Consumer or an entity referred to in § 10 of these Terms who withdraws from the Sales Agreement in accordance with point 1 of this section bears only the cost of returning the Product to the Seller.
  9. The thirty-day period within which the Consumer or the entity referred to in § 10 of these Terms may withdraw from the contract runs:
    1. for a contract under which the Seller releases the Product being obliged to transfer its ownership, from the day on which the Consumer or the entity referred to in § 10 of these Terms (or a third party indicated by them other than the carrier) took possession of the Product,
    2. for a contract covering multiple Products that are delivered separately, in batches or in parts, from taking possession of the last Product, batch or part,
    3. for a contract involving regular delivery of a Product for a fixed period, from taking possession of the first of the Products,
    4. for all other contracts, from the day the contract is concluded.
  10. The right of withdrawal from a distance contract does not apply to a Consumer or an entity referred to in § 10 of these Terms in the case of a Sales Agreement:
    1. in which the subject of performance is non-prefabricated goods, produced to the consumer's specification or serving to satisfy their individualised needs,
    2. in which the subject of performance is goods delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery,
    3. in which the subject of performance is goods which, after delivery and by their nature, become inseparably combined with other items,
    4. for the provision of services for which the Consumer is obliged to pay a price, if the trader has fully performed the service with the Consumer's express and prior consent, the Consumer having been informed before performance began that they would lose the right of withdrawal once the trader had performed, and having acknowledged this,
    5. in which the subject of performance is goods liable to deteriorate rapidly or with a short shelf life.
  11. The right to withdraw from the Sales Agreement is available both to the Seller and to the Customer where the other party fails to perform its obligation within a strictly defined time limit.

§ 9Provisions for entrepreneurs (B2B)

  1. This section contains provisions applying solely to entrepreneurs who are not covered by the protection under the Consumer Rights Act referred to in § 10 of these Terms.
  2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 business days of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and gives rise to no claims by the Customer who is not a Consumer against the Seller.
  3. The Seller has the right to restrict the payment methods it makes available to Customers who are not Consumers, including requiring prepayment of part or all of the sale price regardless of the payment method chosen by the Customer and the fact that a Sales Agreement has been concluded.
  4. The benefits and burdens associated with the Product, and the risk of accidental loss of or damage to the Product, pass to a Customer who is not a Consumer at the moment the Seller releases the Product to the carrier. In such a case the Seller is not liable for loss of, shortage in or damage to the Product arising from the moment the Product is accepted for carriage until it is released to the Customer, nor for delay in carriage of the parcel.
  5. Where the Product is sent to the Customer via a carrier, a Customer who is not a Consumer is obliged to examine the parcel at the time and in the manner customary for parcels of that kind. If they find that a shortage or damage to the Product occurred during carriage, they are obliged to take all steps necessary to establish the carrier's liability.
  6. The Service Provider may terminate an agreement for the provision of an Electronic Service with immediate effect and without giving reasons by sending a notice of termination to a Service Recipient who is not a Consumer.

§ 10Provisions for entrepreneurs with consumer rights

  1. An entrepreneur running a sole proprietorship (this section does not apply to commercial companies) is covered by the protection provided for in the Consumer Rights Act, provided that the contract they conclude with the Seller is directly connected with their business activity but it is apparent from the contract that it is not of a professional character for them, arising in particular from the subject of the business activity they carry out.
  2. A person running a business as referred to in point 1 of this section is covered by protection solely in respect of:
    1. unfair contract terms,
    2. liability for lack of conformity of the Product with the contract,
    3. the right of withdrawal from a distance contract,
    4. the rules on contracts for the supply of digital content or a digital service.
  3. An entrepreneur referred to in point 1 of this section loses the rights arising from consumer protection where the Sales Agreement they have concluded with the Seller is of a professional character, which is verified on the basis of that entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the Polish Classification of Activities codes indicated there.
  4. Entrepreneurs referred to in point 1 of this section are not covered by the institutional protection provided for Consumers by district consumer ombudsmen or by the President of the Office of Competition and Consumer Protection (UOKiK).

§ 11Type and scope of Electronic Services

  1. Through the Store, the Service Provider makes the following Electronic Services available:
    1. concluding Product Sales Agreements,
    2. maintaining an Account in the Store,
    3. the Review System,
    4. the Newsletter,
    5. sending a message via the Contact Form,
    6. the Blog.
  2. Electronic Services are provided to Service Recipients in the Store on the terms set out in these Terms.
  3. The Service Provider has the right to place advertising content on the Store's website. That content forms an integral part of the Store and of the materials presented in it.

§ 12Conditions for providing Electronic Services and for concluding agreements for them

  1. The provision by the Service Provider of the Electronic Services specified in § 11 point 1 of these Terms is free of charge.
  2. The period for which the agreement is concluded:
    1. the agreement for the Electronic Service enabling an Order to be placed in the Store is concluded for a fixed period and terminates when the Order is placed or when the Service Recipient stops placing it,
    2. the agreement for the Electronic Service consisting of maintaining an Account in the Store is concluded for an indefinite period. The agreement is concluded when the Service Recipient submits the completed Registration Form,
    3. the agreement for the Electronic Service consisting of using the Review System is concluded for a fixed period and terminates when the review is posted or when the Service Recipient stops using that Service,
    4. the agreement for the Electronic Service consisting of using the Newsletter is concluded for an indefinite period,
    5. the agreement for the Electronic Service enabling a message to be sent to the Service Provider via the Contact Form is concluded for a fixed period and terminates when the message is sent or when the Service Recipient stops sending it,
    6. the agreement for the Electronic Service consisting of using the Blog on the website is concluded for a fixed period and terminates when the “Blog” tab is left.
  3. Technical requirements necessary to work with the IT system used by the Service Provider:
    1. a computer (or mobile device) with Internet access,
    2. access to e-mail,
    3. a web browser,
    4. cookies and JavaScript enabled in the web browser.
  4. The Service Recipient is obliged to use the Store in a manner consistent with the law and with good practice, with due respect for the personal rights and intellectual property rights of third parties.
  5. The Service Recipient is obliged to enter data that is accurate.
  6. The Service Recipient is prohibited from supplying unlawful content.

§ 13Complaints relating to the provision of Electronic Services

  1. Complaints relating to the provision of Electronic Services through the Store may be submitted by the Service Recipient by e-mail to: hello@maluashop.com
  2. In the e-mail referred to above, please give as much information and detail about the subject of the complaint as possible, in particular the nature of the defect, the date it occurred and your contact details. This information will make it considerably easier and faster for the Service Provider to handle the complaint.
  3. The Service Provider handles the complaint promptly, and no later than 14 days from its submission.
  4. The Service Provider's response to the complaint is sent to the Service Recipient's e-mail address given in the complaint, or by another means indicated by the Service Recipient.

§ 14Conditions for terminating agreements for the provision of Electronic Services

  1. Termination of an agreement for the provision of an Electronic Service:
    1. an agreement for the provision of an Electronic Service of a continuous and open-ended nature (maintaining an Account, the Newsletter) may be terminated,
    2. the Service Recipient may terminate the agreement with immediate effect and without giving reasons by sending an appropriate declaration by e-mail to: hello@maluashop.com or by deleting their Account,
    3. the Service Provider may terminate an agreement for the provision of an Electronic Service of a continuous and open-ended nature where the Service Recipient breaches these Terms, in particular where they supply unlawful content, after an unsuccessful prior request to stop the breach with an appropriate deadline set. In such a case the agreement expires 7 days after the declaration of termination is made (the notice period),
    4. termination brings the legal relationship to an end with effect for the future.
  2. The Service Provider and the Service Recipient may terminate an agreement for the provision of an Electronic Service at any time by mutual agreement.

§ 15Intellectual property

  1. All content published on the website at www.maluashop.com is protected by copyright and (subject to § 15 point 3 and to elements posted by Service Recipients, used under licence, under a transfer of economic copyright or under permitted use) is the property of DOUBLE M SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered in the Register of Entrepreneurs by the DISTRICT COURT IN GLIWICE, 10TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS number: 0001009002, place of business and address for service: ul. Tadeusza Kościuszki 38/4, 44-100 Gliwice, Poland, NIP: 6312709651, REGON: 523961476. The Service Recipient bears full liability for any damage caused to the Service Provider as a result of using any content of the www.maluashop.com website without the Service Provider's consent.
  2. Any use by anyone, without the Service Provider's express written consent, of any of the elements making up the content of the www.maluashop.com website constitutes an infringement of the Service Provider's copyright and results in civil and criminal liability.
  3. All trade names, Product names, company names and their logos used on the Store's website at www.maluashop.com belong to their owners and are used solely for identification purposes. They may be registered trade marks. All materials, descriptions and photographs presented on the Store's website at www.maluashop.com are used for information purposes.

§ 16Liability

  1. The Service Provider designates a point of contact within the meaning of the Digital Services Act (DSA) at its registered office, referred to in § 2 of these Terms, and at the e-mail address: hello@maluashop.com.
  2. It is not permitted to post unlawful content through the Store (in comments, reviews and so on), nor content that is:
    1. unrelated to the subject matter of the Store,
    2. groundlessly damaging to the Service Provider's good name,
    3. containing words commonly regarded as obscene,
    4. promoting activity that competes with the Service Provider.
  3. Where content referred to in point 2 is published, the Service Provider may moderate it (refuse to publish the content, demote it, remove it, disable access to it, restrict or disable its monetisation, suspend or close the user's account, suspend or end the provision of the service to the user).
  4. Where content published by Service Recipients is moderated (including by algorithm), Service Recipients do not lose the right to appeal against the Service Provider's decision. An appeal may be made via the e-mail address: hello@maluashop.com. When appealing, please describe the facts concisely and give reasons for the appeal. The Service Provider will consider the appeal in the manner prescribed by the Digital Services Act within 14 days.
  5. A Service Recipient who identifies a breach of the rules described in this section may report unlawful content published in the Store via the e-mail address: hello@maluashop.com.
  6. A report as referred to in point 5 must contain the following elements:
    1. a sufficiently substantiated explanation of the reasons why the Service Recipient alleges that the information in question constitutes illegal content;
    2. a clear indication by the Service Recipient of the exact electronic location of the information, such as the exact URL or URLs and, where appropriate, additional information enabling the illegal content to be identified, appropriate to the type of content and the specific type of hosting service;
    3. the name and e-mail address of the Service Recipient making the report, except for a report concerning information regarded as connected with one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
    4. a statement confirming the good-faith belief of the Service Recipient making the report that the information and allegations contained in it are accurate and complete.
  7. The Service Provider will confirm receipt of a report as referred to in point 5 of this section and will state whether it has been upheld or rejected without undue delay.
  8. Where a report as referred to in point 5 is found to be justified, the Service Provider will, so far as possible, inform the Service Recipient responsible for the breach that the content they published has been moderated, together with the required statement of reasons.
  9. Where the Service Provider becomes aware of any information giving rise to a suspicion that a criminal offence threatening the life or safety of a person or persons has been committed, is being committed or may be committed, it will immediately inform the law enforcement or judicial authorities of its suspicion, giving reasons and passing on the information known to it.
  10. The Service Provider informs Service Recipients of material changes to these Terms.
  11. The Service Provider undertakes, so far as possible, to inform Service Recipients in advance of possible disruptions to the operation of the Store, in particular of interruptions in access.
  12. The Service Provider is not liable towards Service Recipients who are Entrepreneurs:
    1. for any direct or indirect damage or loss (including damage for loss of business profits, business interruption or loss of business information, and other pecuniary damage) arising from the use of, the inability to use, or the malfunctioning of the Store's software, or damage arising from the shutdown or failure of the IT system or of the power network,
    2. in connection with improper use of the Store by a Service Recipient who is not a Consumer, or with the improper functioning of the computer hardware, computer software or communications system by means of which the Service Recipient connects to the Store's system,
    3. for any damage arising from errors, failures and interruptions in the operation of the Store, or caused by incorrect recording or reading of data downloaded by Service Recipients,
    4. for disruptions to the proper functioning of the Store, or the loss of data of Service Recipients who are not Consumers, arising as a result of force majeure or the acts of third parties,
    5. for the acts of third parties consisting in the use of data and materials placed in the Store contrary to generally applicable law or to these Terms,
    6. for the inability to log in to the Store's system caused in particular by connection quality, failure of the IT system or the power network, or incorrect configuration of the software of Service Recipients who are not Consumers,
    7. for the consequences of loss of a password.
  13. The Service Recipient is responsible for providing an e-mail address to which they do not have access, in particular an incorrect address or one belonging to another party.

§ 17Final provisions

  1. Agreements concluded through the Store are concluded under Polish law.
  2. If any part of these Terms is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of these Terms.
  3. Any disputes arising from Sales Agreements between the Store and Customers will be resolved in the first instance through negotiation, with the intention of settling the dispute amicably, having regard to the Act on Out-of-Court Resolution of Consumer Disputes. If this is not possible, or is unsatisfactory for either party, disputes will be resolved by the competent common court in accordance with point 4 of this section.
  4. Court resolution of disputes:
    1. any disputes arising between the Service Provider and a Service Recipient (Customer) who is at the same time a Consumer or an entity referred to in § 10 of these Terms shall be submitted to the courts having jurisdiction under the Code of Civil Procedure of 17 November 1964,
    2. any disputes arising between the Service Provider and a Service Recipient (Customer) who is not at the same time a Consumer, as referred to in § 9 of these Terms, shall be submitted to the court having jurisdiction over the Service Provider's registered office.
  5. A Customer who is a Consumer also has the right to use out-of-court means of resolving disputes, in particular by submitting, after the complaints procedure has ended, an application to initiate mediation or an application for the case to be heard by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl). A list of the Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use the free assistance of a district (municipal) consumer ombudsman or of a social organisation whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the complaints procedure has ended is free of charge.
  6. A Customer who is a Consumer may use European ADR bodies dealing with out-of-court dispute resolution. Such an option is offered, among others, by: https://adrcenter.com/solve/. Further information on out-of-court dispute resolution can be found on the website: https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/index_en.htm.