Terms and Conditions of the 42M Online Store

This document sets out, in particular, the rules under which agreements are concluded in the Store, including important information about the Seller, the Store, and the rights granted to Consumers.

Document date: 12.09.2025

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order Fulfilment
§ 7 Right of Withdrawal
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Final Provisions
Appendix No. 1: Model Withdrawal Form

§ 1 DEFINITIONS

Business Days means days from Monday to Friday, excluding public holidays in Poland.
Consumer means a Buyer who is a natural person purchasing in the Store, or taking steps to make a purchase, without a direct connection to their business or professional activity.
Account means a digital service governed by separate terms and conditions within the meaning of the Consumer Rights Act, under which the Buyer may use additional functions in the Store free of charge.
Buyer means any entity purchasing in the Store or taking steps to make a purchase.
Privileged Buyer means a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur means a Buyer who is a natural person concluding or intending to conclude an agreement with the Seller under these Terms and Conditions that is directly related to their business activity, but does not have a professional character for that person.
Terms and Conditions means these Terms and Conditions.
Store means the 42M online store operated by the Seller at https://42moments.com.
Seller means 42MOMENTS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office at Aleje Jerozolimskie 136, 02-305 Warsaw, Poland, entered in the National Court Register, register of entrepreneurs, by the 14th Commercial Division of the National Court Register under KRS No. 0001139592, NIP 1182294969, REGON 540240358, share capital PLN 5,000.00, fully paid up.
Consumer Rights Act means the Polish Act of 30 May 2014 on Consumer Rights.

§ 2 CONTACT WITH THE SELLER

Postal address: Aleje Jerozolimskie 136, 02-305 Warsaw, Poland
E-mail address: shop@42moments.com
Telephone: +48 508 252 633
Return address for goods in the event of withdrawal from the contract:
42Moments Sp. z o.o.
Rosa Pack
ul. Dąbrowskiego 202/206
93-231 Łódź
Address for sending complained-about goods:
42Moments Sp. z o.o.
Rosa Pack
ul. Dąbrowskiego 202/206
93-231 Łódź
The cost of a telephone call or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission, depending on the tariff adopted by the operator or provider used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning of the Store, the following are required:
- a device with Internet access
- a web browser supporting JavaScript and cookies
To place an order in the Store, in addition to the requirements specified in section 1, an active e-mail account is required.

§ 4 PURCHASES IN THE STORE

The prices of products displayed in the Store are total prices for the product.
The Seller notes that the total price of the order consists of the price of the product indicated in the Store and, where applicable, the cost of delivery of the goods.
The selected product should be added to the cart in the Store.
The Buyer then chooses the method of delivery and the payment method for the order from among the options available in the Store, and provides the data necessary to complete the order.
The order is placed when the Buyer confirms its content and accepts these Terms and Conditions.
Placing an order is equivalent to concluding an agreement between the Buyer and the Seller.
The Buyer may register in the Store, that is, create an Account, or make purchases without registration by providing their data each time an order is placed.

§ 5 PAYMENTS

The following payment methods are available in the Store:

By payment card:

Visa
Visa Electron
MasterCard
MasterCard Electronic
Maestro

Via payment platform:

tpay
PayPal

If payment via the tpay platform is selected, the payment service provider is Krajowy Integrator Płatności S.A.
If the Buyer chooses advance payment, the order must be paid within 3 Business Days from placing the order.
By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw this acceptance.

§ 6 ORDER FULFILMENT

The order fulfilment time is indicated in the Store.
If the Buyer has chosen advance payment for the order, the Seller will begin processing the order after payment has been made.
If, within one order, the Buyer has purchased products with different fulfilment times, the order will be fulfilled within the time applicable to the product with the longest fulfilment time.
Delivery is available to the following countries:

Austria
Belgium
Bulgaria
Croatia
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Netherlands
Norway
Portugal
Romania
Serbia
Slovakia
Slovenia
Spain
Sweden
Switzerland
Ukraine
United Kingdom and Northern Ireland

The following delivery methods are available in the Store:
a. courier service
b. DPD Pickup
c. InPost parcel lockers

§ 7 RIGHT OF WITHDRAWAL

A Privileged Buyer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of these Terms and Conditions, within 14 days without giving any reason.
The withdrawal period expires after 14 days from the day:
a. on which the Privileged Buyer acquired possession of the goods, or on which a third party other than the carrier and indicated by the Privileged Buyer acquired possession of the goods;
b. on which the Privileged Buyer acquired possession of the last goods, batch, or part, or on which a third party other than the carrier and indicated by the Privileged Buyer acquired possession of the last goods, batch, or part, in the case of a contract concerning multiple goods delivered separately, in batches, or in parts.
To exercise the right of withdrawal, the Privileged Buyer must inform the Seller, using the contact details provided in § 2, of their decision to withdraw from the contract by means of an unequivocal statement, for example by e-mail.
The Privileged Buyer may use the model withdrawal form provided at the end of these Terms and Conditions, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send the information concerning the exercise of the right of withdrawal before the withdrawal period has expired.

EFFECTS OF WITHDRAWAL

In the event of withdrawal from the contract, the Seller shall reimburse the Privileged Buyer for all payments received from them, including the costs of delivery of the goods, except for additional costs resulting from the delivery method chosen by the Privileged Buyer other than the least expensive standard delivery method offered by the Seller, without undue delay and in any event no later than 14 days from the day on which the Seller was informed of the decision to exercise the right of withdrawal.
The Seller shall make the reimbursement using the same means of payment as those used by the Privileged Buyer in the original transaction, unless the Privileged Buyer has expressly agreed otherwise. In any event, the Privileged Buyer shall not incur any fees as a result of such reimbursement.
If the Seller has not offered to collect the goods from the Privileged Buyer, the Seller may withhold reimbursement until the goods are received or until proof of their return is provided, whichever occurs first.
The Seller requests that the goods be returned to:

42Moments Sp. z o.o.
Rosa Pack
ul. Dąbrowskiego 202/206
93-231 Łódź

without undue delay and in any event no later than 14 days from the day on which the Privileged Buyer informed the Seller of the withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends back the goods before the 14 day period has expired.
10. The Privileged Buyer bears the direct costs of returning the goods.
11. The Privileged Buyer is liable only for any diminished value of the goods resulting from use of the goods other than what was necessary to establish their nature, characteristics, and functioning.
12. If the goods, by their nature, cannot be returned by ordinary post, the Privileged Buyer will also have to bear the direct costs of returning the goods. The estimated amount of these costs will be communicated by the Seller in the description of the goods in the Store or during the order process.
13. If it is necessary to refund a transaction made by the Privileged Buyer using a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right to withdraw from a distance contract referred to in § 7 does not apply to contracts:
a. where the subject of the performance is a non prefabricated good made according to the specifications of the Privileged Buyer or serving to satisfy their individualized needs;
b. where the subject of the performance is a good liable to deteriorate rapidly or having a short shelf life;
c. where the subject of the performance is a good delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery;
d. where the subject of the performance is a good which, after delivery, due to its nature, becomes inseparably mixed with other items;
e. where the subject of the performance is audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
f. for the supply of newspapers, periodicals, or magazines, except for subscription contracts;
g. where the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control and which may occur before the withdrawal period expires.

§ 9 COMPLAINTS

GENERAL PROVISIONS

The Seller is liable to the Privileged Buyer for conformity of the performance with the contract as provided by generally applicable law, in particular the Consumer Rights Act.
The Seller requests that complaints, including those concerning the functioning of the Store, be submitted to the e-mail address indicated in § 2.
If a warranty has been granted for a product, information about it and its terms is available in the Store.
The Seller shall respond to the complaint within 14 days from the date of receipt.

PRIVILEGED BUYERS
Goods

In the event of non conformity of the goods with the contract, the Privileged Buyer may exercise the rights specified in Chapter 5a of the Consumer Rights Act.
The Seller is liable for non conformity of the goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods specified by the Seller, its legal predecessors, or persons acting on their behalf is longer.
In the event of non conformity with the contract, the Privileged Buyer may demand:
a. replacement of the goods;
b. repair of the goods.
Additionally, the Privileged Buyer may submit a statement requesting:
a. a price reduction;
b. withdrawal from the contract;
in cases where:

the Seller refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
the Seller did not bring the goods into conformity with the contract in accordance with Article 43d(4) to 43d(6) of the Consumer Rights Act;
the non conformity continues despite the Seller’s attempt to bring the goods into conformity;
the non conformity is so significant that it justifies a price reduction or withdrawal from the contract without first using the remedies specified in Article 43d of the Consumer Rights Act;
it clearly follows from the Seller’s statement or the circumstances that the Seller will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience for the Privileged Buyer.

In the case of goods subject to repair or replacement, the Privileged Buyer should make the goods available to the Seller. The Seller collects the goods from the Privileged Buyer at its own expense.
The Privileged Buyer may not withdraw from the contract if the non conformity of the goods is insignificant.
In the event of withdrawal from the contract referred to in this section, the Privileged Buyer shall return the goods to the Seller at the Seller’s expense without undue delay to:

42Moments Sp. z o.o.
Rosa Pack
ul. Dąbrowskiego 202/206
93-231 Łódź

The Seller shall refund the price without undue delay, no later than 14 days from the date of receipt of the goods or proof of their return.
8. The Seller shall refund to the Privileged Buyer any amounts due as a result of exercising the right to a price reduction without undue delay, no later than 14 days from the date of receipt of the statement on the price reduction.

Out of court complaint handling and redress methods

The Seller informs the Consumer of the possibility of using out of court methods for handling complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court.

The Consumer may use, among others, the assistance of the relevant European Consumer Centre from the Network of European Consumer Centres. The Centres provide information on consumer rights and help resolve disputes in cross border purchases. Assistance from the European Consumer Centres is generally free of charge. A list of Consumer Centres for each country is available at: https://konsument.gov.pl/eck-w-europie/

In addition, within the territory of the Republic of Poland, the following forms of support are available:

mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for the case to be examined by the arbitration court. As a rule, the procedure is free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa

The preceding provision is for information purposes only and does not constitute an obligation for the Seller to use out of court dispute resolution methods.
The use of out of court complaint handling and redress methods is voluntary for both the Seller and the Consumer.
The Consumer may also use free assistance from a municipal or district consumer ombudsman.

III. BUYERS OTHER THAN PRIVILEGED BUYERS

To avoid doubt, the Seller points out that § 11 section 7 applies to the Seller’s liability towards a Buyer other than a Privileged Buyer in connection with complaints.

§ 10 PERSONAL DATA

The controller of the personal data provided by the Buyer while using the Store is the Seller. Detailed information on the processing of personal data by the Seller, including the purposes and legal bases of processing, as well as recipients of the data, is available in the privacy policy available in the Store, in accordance with the principle of transparency under GDPR.
The purpose of the Seller’s processing of the Buyer’s data provided in connection with purchases in the Store is order fulfilment. The legal basis for processing personal data in this case is:

the contract or steps taken at the request of the Buyer aimed at concluding it, Article 6(1)(b) GDPR;
the legal obligation incumbent on the Seller, in particular related to accounting and product safety, Article 6(1)(c) GDPR;
the Seller’s legitimate interest consisting in processing data for the purpose of establishing, pursuing, or defending potential claims, Article 6(1)(f) GDPR.

Providing data by the Buyer is voluntary, but necessary to conclude the contract. Failure to provide the data will make it impossible to conclude the contract in the Store.
The Buyer’s data provided in connection with purchases in the Store will be processed until:
a. the contract concluded between the Buyer and the Seller ceases to be in force;
b. the legal obligation imposed on the Seller to process the Buyer’s data ceases to apply;
c. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded through the Store ceases;
d. the Buyer’s objection to the processing of their personal data is accepted, if the legal basis for the processing was the Seller’s legitimate interest;
depending on what applies in a given case.
The Buyer has the right to request:
a. access to their personal data;
b. rectification;
c. erasure;
d. restriction of processing;
e. transfer of data to another controller;
and also the right:
f. to object at any time, on grounds relating to the Buyer’s particular situation, to the processing of personal data concerning them based on Article 6(1)(f) GDPR.
To exercise their rights, the Buyer should contact the Seller using the details provided in § 2.
If the Buyer believes that their data is being processed unlawfully, the Buyer may lodge a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 FINAL PROVISIONS

It is prohibited for the Buyer to provide unlawful content.
Each order placed in the Store constitutes a separate contract and requires separate acceptance of these Terms and Conditions. The contract is concluded for the period and purpose of fulfilling the order.
Any contracts concluded on the basis of these Terms and Conditions shall be governed by Polish law, subject to section 4.
The choice of Polish law for contracts concluded with a Consumer does not waive or limit the rights of that Buyer arising from mandatory legal provisions applicable to the Consumer in situations where no choice of law takes place. If the national provisions applicable to a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law, such broader protection shall apply.
Contracts concluded on the basis of these Terms and Conditions are concluded in the Polish language.
In the event of a dispute with a Buyer who is not a Privileged Buyer related to a contract concluded through the Store, the court having jurisdiction shall be the court competent for the Seller’s registered office.
Any liability of the Seller towards a Buyer who is not a Privileged Buyer under a contract concluded through the Store is excluded to the extent permitted by law.
The Website Terms and Conditions available in the Store apply to the use of the Store’s website and the functions available on it.

APPENDIX NO. 1 TO THE TERMS AND CONDITIONS OF THE 42M ONLINE STORE

Below is a model withdrawal form which the Consumer or Privileged Entrepreneur may, but is not required to, use:

MODEL WITHDRAWAL FORM

(please complete and return this form only if you wish to withdraw from the contract)

42MOMENTS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Aleje Jerozolimskie 136, 02-305 Warsaw, Poland
e-mail address: shop@42moments.com

I/We() hereby give notice of my/our() withdrawal from the contract of sale of the following goods() / for the provision of the following service():

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of conclusion of the contract() / receipt():

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name of Consumer(s) / Privileged Entrepreneur(s):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address of Consumer(s) / Privileged Entrepreneur(s):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of Consumer(s) / Privileged Entrepreneur(s)
(only if this form is submitted on paper)

Date . . . . . . . . . . . . . . . . . . . . . . .

(*) Delete as appropriate.

WEBSITE TERMS AND CONDITIONS OF 42M

Document date: 12.09.2025

DEFINITIONS

Website
The 42M online store available at https://42moments.com and operated by the Service Provider.

Service Provider
42MOMENTS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office at Aleje Jerozolimskie 136, 02-305 Warsaw, Poland, entered in the National Court Register, register of entrepreneurs, by the 14th Commercial Division of the National Court Register under KRS No. 0001139592, NIP 1182294969, REGON 540240358, share capital PLN 5,000.00, fully paid up.

Whenever terms such as “we”, “our”, or “us” are used in these Terms and Conditions, they should be understood as referring to the Service Provider.

Service Recipient
Any entity using the Website, including the services available on it.

Consumer
A Service Recipient who is a natural person using the Website without a direct connection to their business or professional activity.

Privileged Entrepreneur
A Service Recipient who is a natural person concluding an agreement under these Terms and Conditions, or taking steps to conclude such an agreement, directly related to their business activity, but not having a professional character for that person.

Privileged Service Recipient
A Service Recipient who is a Consumer or a Privileged Entrepreneur.

CONTACT POINT

To contact us, you may use the following electronic communication methods:

e-mail: shop@42moments.com
contact form: https://42moments.com/pl/contact

Telephone contact is also available at:
+48 508 252 633

LANGUAGE OF COMMUNICATION

You may contact us in the following languages:

Polish
English

TECHNICAL REQUIREMENTS

To use the Website properly, the following are required:

a device with Internet access
a web browser supporting JavaScript and cookies
an active e-mail account, if you use functions requiring an e-mail address

SERVICES AVAILABLE ON THE WEBSITE

On our Website, we provide the digital services listed below.

Basic Services

browsing the Website
placing an order, with any sales contract concluded under the Store Terms and Conditions
using the contact form
consenting to receive marketing messages electronically

Extended Services

user account, governed by separate Account Terms and Conditions
newsletter subscription, governed by separate Newsletter Terms and Conditions

BASIC SERVICES

The use of Basic Services on the Website is free of charge, entirely voluntary, and depends on your will.

We begin providing a Basic Service when you start using it.

You may stop using a Basic Service at any time and without incurring any costs by simply discontinuing use of that Service.

OTHER PROVISIONS CONCERNING SERVICES

Each use by you of a Service governed by this document constitutes a separate contract, and its current content is available on the Website.

You are prohibited from providing unlawful content within the Services.

The contract is concluded in Polish, for the duration and purpose of providing the Service.

The contract shall be governed by Polish law, subject to the next sentence.

The choice of Polish law for a contract concluded with a Consumer under these Terms and Conditions does not waive or limit consumer rights arising from mandatory legal provisions applicable in situations where no choice of law takes place.

In the event of a dispute related to the contract, if you are not a Privileged Service Recipient, the court having jurisdiction shall be the court competent for our registered office.

Any liability of ours in connection with a contract concluded under these Terms and Conditions towards you, if you are not a Privileged Service Recipient, is excluded to the extent permitted by law.

COMPLAINT HANDLING

Please submit any complaints regarding the Website and Services via the Contact Point indicated above.

We consider complaints within 14 days from their receipt.

Detailed complaint procedures regarding Extended Services are specified separately within the rules applicable to the given Service.

PRIVACY AND PERSONAL DATA

The rules for processing personal data and using cookies are set out in the privacy policy available on the Website.

ACCOUNT TERMS AND CONDITIONS OF THE 42M STORE

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of Withdrawal
§ 7 Personal Data
§ 8 Changes to the Terms and Conditions or the Account
§ 9 Final Provisions

§ 1 DEFINITIONS

Consumer means a Service Recipient who is a natural person who has concluded an agreement for maintaining an Account under these Terms and Conditions, or takes steps aimed at concluding such agreement, without a direct connection to their business or professional activity.

Account means a digital service within the meaning of the Consumer Rights Act, provided free of charge by electronic means by the Service Provider to the Service Recipient, under which the Service Recipient may use additional functions in the Store.

Privileged Entrepreneur means a Service Recipient who is a natural person concluding an agreement for maintaining an Account under these Terms and Conditions, or taking steps to conclude such agreement, directly related to their business activity, but not having a professional character for that person.

Terms and Conditions means these Account Terms and Conditions.

Store means the 42M online store operated by the Service Provider at https://42moments.com.

Service Recipient means any entity that has concluded an agreement for maintaining an Account or takes steps aimed at concluding such agreement.

Privileged Service Recipient means a Service Recipient who is a Consumer or a Privileged Entrepreneur.

Service Provider means 42MOMENTS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office at Aleje Jerozolimskie 136, 02-305 Warsaw, Poland, entered in the National Court Register, register of entrepreneurs, by the 14th Commercial Division of the National Court Register under KRS No. 0001139592, NIP 1182294969, REGON 540240358, share capital PLN 5,000.00, fully paid up.

Consumer Rights Act means the Polish Act of 30 May 2014 on Consumer Rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

Postal address: Aleje Jerozolimskie 136, 02-305 Warsaw, Poland
E-mail address: shop@42moments.com
Telephone: +48 508 252 633
The cost of a telephone call or data transmission made by the Service Recipient results from the basic tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission, depending on the tariff adopted by the operator or provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning of and creation of an Account, the following are required:

an active e-mail account
a device with Internet access
a web browser supporting JavaScript and cookies

§ 4 ACCOUNT

Creating an Account is entirely voluntary.
The Account gives the Service Recipient additional possibilities, such as viewing order history, checking order status, or editing account data.
To create an Account, the appropriate form in the Store must be completed.
At the moment of creating the Account, an agreement for maintaining the Account is concluded for an indefinite period between the Service Recipient and the Service Provider.
The Service Provider begins providing the Account service immediately after concluding the agreement.
The Service Recipient may resign from the Account at any time and without incurring any costs.
Deleting the Account results in termination of the agreement for maintaining the Account. To delete the Account, a notice of resignation should be sent to the Service Provider’s e-mail address indicated in § 2. This will result in immediate deletion of the Account and termination of the agreement.

§ 5 COMPLAINTS

GENERAL PROVISIONS

Complaints concerning the Account should be submitted to the postal or electronic address indicated in § 2.
The Service Provider shall respond to the complaint within 14 days of receiving it.

PRIVILEGED SERVICE RECIPIENTS

The Service Provider is liable to the Privileged Service Recipient for conformity of the performance with the contract as provided by generally applicable law, in particular the Consumer Rights Act.
In the event of improper performance of the agreement for maintaining the Account, the Privileged Service Recipient may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
If the Service Provider has not delivered the digital service, the Privileged Service Recipient may request its delivery. If despite this the Service Provider does not deliver the digital service immediately or within an additional period expressly agreed, the Privileged Service Recipient may withdraw from the agreement.
The Privileged Service Recipient may withdraw from the agreement without requesting delivery of the digital service if:
a. it clearly follows from the Service Provider’s statement or the circumstances that it will not deliver the digital service;
b. the parties agreed, or it clearly follows from the circumstances, that a specific time for delivery of the digital service was of material importance and the Service Provider did not deliver it within that time.
The Service Provider is liable for lack of conformity of a digital service delivered continuously, which occurred or became apparent during the period in which, according to the agreement, the service was to be provided.
If the digital service is not in conformity with the agreement, the Privileged Service Recipient may request that it be brought into conformity.
In the event of a lack of conformity, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means, in order to determine whether the lack of conformity results from characteristics of the Service Recipient’s digital environment.
Additionally, if the digital service is not in conformity with the agreement, the Privileged Service Recipient may withdraw from the agreement if:
a. bringing the digital service into conformity is impossible or would require excessive costs;
b. the Service Provider has not brought the digital service into conformity within a reasonable time and without excessive inconvenience;
c. the lack of conformity continues despite attempts to bring it into conformity;
d. the lack of conformity is so significant that it justifies withdrawal without first requesting conformity;
e. it clearly follows from the Service Provider’s statement or the circumstances that it will not bring the digital service into conformity within a reasonable time or without excessive inconvenience.

III. OUT OF COURT COMPLAINT HANDLING AND REDRESS METHODS

The Service Provider informs the Consumer of the possibility of using out of court methods for handling complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court.

In addition, within the territory of the Republic of Poland, the following forms of support are available:

mediation conducted by the competent Provincial Inspectorate of Trade Inspection
assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection

The preceding provision is informational only and does not constitute an obligation for the Service Provider to use out of court dispute resolution methods.
The use of out of court complaint handling and redress methods is voluntary for both the Service Provider and the Consumer.
The Consumer may also use free assistance from a municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL

A Privileged Service Recipient has the right to withdraw from the agreement for maintaining an Account within 14 days without giving any reason.
The withdrawal period expires after 14 days from the day of conclusion of the agreement.
To exercise the right of withdrawal, the Privileged Service Recipient must inform the Service Provider using the contact details provided in § 2 by means of an unequivocal statement.
The Privileged Service Recipient may use the model withdrawal form provided at the end of these Terms and Conditions, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient to send the information concerning the exercise of the right of withdrawal before the withdrawal period has expired.

§ 7 PERSONAL DATA

The controller of personal data provided in connection with concluding the agreement for maintaining an Account is the Service Provider. Detailed information is available in the privacy policy in the Store.
The purpose of processing is maintaining the Account. The legal basis is the agreement or steps taken at the request of the Service Recipient aimed at concluding it, as well as the Service Provider’s legitimate interest in establishing, pursuing, or defending claims.
Providing data is voluntary, but necessary to conclude the agreement and provide the services covered by it.
The Service Recipient’s data will be processed until:
a. the agreement ceases to apply;
b. the possibility of pursuing claims related to the Account ceases;
c. the objection to data processing is accepted, if the legal basis was the Service Provider’s legitimate interest.
The Service Recipient has the right to request access, rectification, erasure, restriction of processing, and data portability, and to object to processing based on legitimate interest.
To exercise their rights, the Service Recipient should contact the Service Provider.
If the Service Recipient believes that their data is being processed unlawfully, they may lodge a complaint with the competent supervisory authority in Poland.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR THE ACCOUNT

The Service Provider reserves the right to amend these Terms and Conditions only for valid reasons, including:
a. changes in Account functionality;
b. changes in applicable law or public authority guidance, decisions, or requirements;
c. changes in the Service Provider’s contact or identification details.
Information about planned amendments will be sent to the e-mail address assigned to the Account at least 7 days before the changes take effect.
If the Service Recipient does not object before the changes enter into force, it is assumed that they accept them.
If the changes are not accepted, the Service Recipient should notify the Service Provider by e-mail. This will result in termination of the agreement as of the date the planned changes enter into force.
The Service Provider may make changes to the Account that are not necessary to maintain conformity with the agreement due to legal changes or functionality changes. Such changes will not involve any costs for the Privileged Service Recipient.
If such a change materially and negatively affects access to or use of the Account, the Service Provider will provide advance notice on a durable medium.

§ 9 FINAL PROVISIONS

It is prohibited for the Service Recipient to provide unlawful content.
The agreement for maintaining the Account is concluded in Polish.
The agreement is governed by Polish law, subject to mandatory consumer protection rules.
In the event of a dispute with a Service Recipient who is not a Privileged Service Recipient, the court having jurisdiction shall be the court competent for the Service Provider’s registered office.
Any liability of the Service Provider towards a Service Recipient who is not a Privileged Service Recipient is excluded to the extent permitted by law.
The Website Terms and Conditions available in the Store apply to the use of the Store’s website and the functions available on it.

APPENDIX NO. 1 TO THE ACCOUNT TERMS AND CONDITIONS

Below is a model withdrawal form which the Consumer or Privileged Entrepreneur may, but is not required to, use:

MODEL WITHDRAWAL FORM

(please complete and return this form only if you wish to withdraw from the contract)

42MOMENTS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Aleje Jerozolimskie 136, 02-305 Warsaw, Poland
e-mail address: shop@42moments.com

I/We() hereby give notice of my/our() withdrawal from the agreement for the provision of the following service() / for the delivery of digital content in the form of():

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of conclusion of the contract(*):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name of Consumer(s) / Privileged Entrepreneur(s):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address of Consumer(s) / Privileged Entrepreneur(s):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of Consumer(s) / Privileged Entrepreneur(s)
(only if this form is submitted on paper)

Date . . . . . . . . . . . . . . . . . . . . . . .

(*) Delete as appropriate.

NEWSLETTER TERMS AND CONDITIONS OF THE 42M STORE

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right of Withdrawal
§ 7 Personal Data
§ 8 Changes to the Terms and Conditions or the Newsletter
§ 9 Final Provisions

§ 1 DEFINITIONS

Consumer means a Service Recipient who is a natural person who has concluded the Agreement or takes steps aimed at concluding it, without a direct connection to their business or professional activity.

Newsletter means messages concerning the Store, including information about offers, promotions, and new arrivals, delivered free of charge to the Service Recipient by the Service Provider under the Agreement, constituting digital content within the meaning of the Consumer Rights Act.

Privileged Entrepreneur means a Service Recipient who is a natural person concluding the Agreement, or taking steps aimed at concluding it, directly related to their business activity, but not having a professional character for that person.

Terms and Conditions means these Newsletter Terms and Conditions.

Store means the 42M online store operated by the Service Provider at https://42moments.com.

Agreement means the agreement for delivery of the Newsletter.

Service Recipient means any entity that has concluded the Agreement or takes steps aimed at concluding it.

Privileged Service Recipient means a Service Recipient who is a Consumer or a Privileged Entrepreneur.

Consumer Rights Act means the Polish Act of 30 May 2014 on Consumer Rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

Postal address: Aleje Jerozolimskie 136, 02-305 Warsaw, Poland
E-mail address: shop@42moments.com
Telephone: +48 508 252 633
The cost of a telephone call or data transmission made by the Service Recipient results from the basic tariff of the telecommunications operator or internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

To use the digital content covered by these Terms and Conditions, the following are required:

an active e-mail account
a device with Internet access
a web browser supporting JavaScript and cookies

§ 4 AGREEMENT

The Service Recipient may voluntarily subscribe to the Newsletter.
To receive the Newsletter, it is necessary to conclude the Agreement.
E-mail messages sent under the Agreement will be sent to the e-mail address provided by the Service Recipient at the time of subscription.
Upon subscribing to the Newsletter, the Agreement is concluded for an indefinite period and the Service Provider will begin performing it, subject to section 5.
To ensure proper performance of the Agreement, the Service Recipient must provide a correct e-mail address.
The Newsletter is delivered immediately after the Service Provider creates messages intended for Service Recipients.
Messages sent under the Newsletter will contain information on the possibility of unsubscribing and a link to unsubscribe.
The Service Recipient may unsubscribe at any time, without giving any reason and without incurring any costs, by using the unsubscribe link or by sending a message to the Service Provider’s e-mail address indicated in § 2.
Use of the unsubscribe link or sending a request to unsubscribe results in immediate termination of the Agreement.

§ 5 COMPLAINTS

I. GENERAL PROVISIONS

Complaints regarding the digital content covered by these Terms and Conditions should be submitted to the postal or electronic address indicated in § 2.
The Service Provider shall respond to the complaint within 14 days from receipt.

II. PRIVILEGED SERVICE RECIPIENTS

The Service Provider is liable to the Privileged Service Recipient for conformity of the performance with the Agreement as provided by generally applicable law, in particular the Consumer Rights Act.
In the event of improper performance of the Agreement, the Privileged Service Recipient may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
If the Service Provider has not delivered the digital content covered by the Agreement, the Privileged Service Recipient may request its delivery. If despite this the Service Provider does not deliver it immediately or within an additional period expressly agreed, the Privileged Service Recipient may withdraw from the Agreement.
The Privileged Service Recipient may withdraw from the Agreement without requesting delivery if:

it clearly follows from the Service Provider’s statement or the circumstances that it will not deliver the digital content;
the parties agreed, or it clearly follows from the circumstances, that a specific time for delivery was of material importance and the Service Provider did not deliver within that time.

The Service Provider is liable for lack of conformity of the Newsletter with the Agreement which occurs or becomes apparent during the period in which, under the Agreement, it is to be delivered.
If the digital content is not in conformity with the Agreement, the Privileged Service Recipient may request that it be brought into conformity.
In the event of non conformity, the Privileged Service Recipient is obliged to cooperate with the Service Provider to a reasonable extent and using the least burdensome technical means.
Additionally, the Privileged Service Recipient may withdraw from the Agreement if:

bringing the digital content into conformity is impossible or would require excessive costs;
the Service Provider has not brought it into conformity within a reasonable time and without excessive inconvenience;
the lack of conformity continues despite attempts to correct it;
the lack of conformity is so significant that it justifies withdrawal without first requesting conformity;
it clearly follows from the Service Provider’s statement or the circumstances that it will not bring the digital content into conformity within a reasonable time or without excessive inconvenience.

III. OUT OF COURT COMPLAINT HANDLING AND REDRESS METHODS

The Service Provider informs the Consumer of the possibility of using out of court methods for handling complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court.

In addition, within the territory of the Republic of Poland, the following forms of support are available:

mediation conducted by the competent Provincial Inspectorate of Trade Inspection
assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection

The preceding provision is informational only and does not constitute an obligation for the Service Provider to use out of court dispute resolution methods.
The use of out of court complaint handling and redress methods is voluntary for both the Service Provider and the Consumer.
The Consumer may also use free assistance from a municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL

A Privileged Service Recipient has the right to withdraw from the Agreement within 14 days without giving any reason.
The withdrawal period expires after 14 days from the day of conclusion of the Agreement.
To exercise the right of withdrawal, the Privileged Service Recipient must inform the Service Provider using the contact details provided in § 2 by means of an unequivocal statement.
The Privileged Service Recipient may use the model withdrawal form provided at the end of these Terms and Conditions, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient to send the information concerning the exercise of the right of withdrawal before the withdrawal period has expired.

§ 7 PERSONAL DATA

The controller of personal data provided in connection with the Agreement is the Service Provider. Detailed information is available in the privacy policy in the Store.
The purpose of processing the Service Recipient’s data is:

performance of the Agreement;
analysis of the effectiveness of messages sent under the Agreement;
establishing, pursuing, or defending claims related to the Agreement.

Providing data is voluntary, but necessary to conclude the Agreement and deliver the digital content covered by it.
The Service Recipient’s data will be processed until:
a. the Agreement ceases to apply;
b. the possibility of pursuing claims related to the Agreement ceases;
c. the objection to data processing is accepted, if the legal basis was the Service Provider’s legitimate interest.
The Service Recipient has the right to request access, rectification, erasure, restriction of processing, and data portability, and to object to processing based on legitimate interest.
To exercise their rights, the Service Recipient should contact the Service Provider.
If the Service Recipient believes that their data is being processed unlawfully, they may lodge a complaint with the competent supervisory authority in Poland.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR THE NEWSLETTER

The Service Provider reserves the right to amend these Terms and Conditions only for valid reasons, including:
a. changes in Newsletter functionality;
b. changes in applicable law or public authority guidance, decisions, or requirements;
c. changes in the Service Provider’s contact or identification details.
Information about planned amendments will be sent to the e-mail address provided by the Service Recipient at least 7 days before the changes take effect.
If the Service Recipient does not object before the changes enter into force, it is assumed that they accept them.
If the planned changes are not accepted, the Service Recipient should notify the Service Provider by e-mail. This will result in termination of the Agreement as of the date the planned changes enter into force.
The Service Provider may make changes to the Newsletter that are not necessary to maintain conformity with the Agreement due to legal changes or functionality changes. Such changes will not involve any costs for the Privileged Service Recipient.
If such a change materially and negatively affects access to or use of the Newsletter, the Service Provider will provide advance notice on a durable medium.

§ 9 FINAL PROVISIONS

It is prohibited for the Service Recipient to provide unlawful content.
The Agreement is concluded in Polish.
The Agreement is governed by Polish law, subject to mandatory consumer protection rules.
In the event of a dispute with a Service Recipient who is not a Privileged Service Recipient, the court having jurisdiction shall be the court competent for the Service Provider’s registered office.
Any liability of the Service Provider towards a Service Recipient who is not a Privileged Service Recipient is excluded to the extent permitted by law.

APPENDIX NO. 1 TO THE NEWSLETTER TERMS AND CONDITIONS

Below is a model withdrawal form which the Consumer or Privileged Entrepreneur may, but is not required to, use:

MODEL WITHDRAWAL FORM

(please complete and return this form only if you wish to withdraw from the contract)

42MOMENTS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Aleje Jerozolimskie 136, 02-305 Warsaw, Poland
e-mail address: shop@42moments.com

I/We() hereby give notice of my/our() withdrawal from the agreement for the provision of the following service() / for the delivery of digital content in the form of():

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of conclusion of the contract(*):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name of Consumer(s) / Privileged Entrepreneur(s):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address of Consumer(s) / Privileged Entrepreneur(s):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of Consumer(s) / Privileged Entrepreneur(s)
(only if this form is submitted on paper)

Date . . . . . . . . . . . . . . . . . . . . . . .

(*) Delete as appropriate.

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Terms and Conditions of the 42M Online Store

§ 1 DEFINITIONS

§ 2 CONTACT WITH THE SELLER

§ 3 TECHNICAL REQUIREMENTS

§ 4 PURCHASES IN THE STORE

§ 5 PAYMENTS

§ 6 ORDER FULFILMENT

§ 7 RIGHT OF WITHDRAWAL

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

§ 9 COMPLAINTS

§ 10 PERSONAL DATA

§ 11 FINAL PROVISIONS

WEBSITE TERMS AND CONDITIONS OF 42M

DEFINITIONS

CONTACT POINT

LANGUAGE OF COMMUNICATION

TECHNICAL REQUIREMENTS

SERVICES AVAILABLE ON THE WEBSITE

COMPLAINT HANDLING

PRIVACY AND PERSONAL DATA

ACCOUNT TERMS AND CONDITIONS OF THE 42M STORE

§ 1 DEFINITIONS

§ 2 CONTACT WITH THE SERVICE PROVIDER

§ 3 TECHNICAL REQUIREMENTS

§ 4 ACCOUNT

§ 5 COMPLAINTS

§ 6 RIGHT OF WITHDRAWAL

§ 7 PERSONAL DATA

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR THE ACCOUNT

§ 9 FINAL PROVISIONS

APPENDIX NO. 1 TO THE ACCOUNT TERMS AND CONDITIONS

NEWSLETTER TERMS AND CONDITIONS OF THE 42M STORE

§ 1 DEFINITIONS

§ 2 CONTACT WITH THE SERVICE PROVIDER

§ 3 TECHNICAL REQUIREMENTS

§ 4 AGREEMENT

§ 5 COMPLAINTS

§ 6 RIGHT OF WITHDRAWAL

§ 7 PERSONAL DATA

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR THE NEWSLETTER

§ 9 FINAL PROVISIONS

APPENDIX NO. 1 TO THE NEWSLETTER TERMS AND CONDITIONS