Terms & Conditions

Important legal notice:
The Seller is established and operates in Poland. Therefore, the Polish version of the Terms & Conditions is the only legally binding version.
The English version is provided for informational purposes only and does not constitute a legally binding document.
The binding Polish version of the Terms & Conditions is available here:Regulamin Serwisu (PL).

WWW.MAMAS-B2B.COM

§ 1. GENERAL PROVISIONS

  1. The www.mamas-b2b.com service operates under the rules set out in these Terms & Conditions.
  2. These Terms & Conditions specify the rules for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of electronically supplied services provided by www.mamas-b2b.com, the rules for providing such services, and the conditions for concluding and terminating agreements for the provision of electronic services.
  3. Each Service Recipient, upon taking steps aimed at using the Electronic Services of www.mamas-b2b.com, is obliged to comply with these Terms & Conditions.
  4. The Service is intended for ordering Products offered by the Seller by Clients who are Entrepreneurs entering into a Sales Agreement for professional purposes related to their business activity. Consumers and so-called “entrepreneurs with consumer rights” are not allowed to register in the Service or place Orders.
  5. Agreements concluded via the Service are governed by Polish law as the applicable law.
  6. In matters not regulated in these Terms & Conditions, the following provisions apply:
    • the Act on Providing Services by Electronic Means of 18 July 2002,
    • the Civil Code Act of 23 April 1964,
    • and other relevant provisions of Polish law.

§ 2. DEFINITIONS USED IN THESE TERMS & CONDITIONS

  1. TERMS & CONDITIONS – these terms and conditions of the Service.
  2. SERVICE – the Service Provider’s online service operating at www.mamas-b2b.com.
  3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Service.
  4. REGISTRATION FORM – a form available at www.mamas-b2b.com, the completion of which initiates the process of creating an Account in the Service.
  5. ACCOUNT – a set of resources in the Service Provider’s ICT system identified by an individual name (login) and password, where the Service Recipient’s data is stored, including information about Orders placed.
  6. ORDER FORM – a form available at www.mamas-b2b.com enabling the placement of an Order. The Order Form may be used by adding Products to the cart, via the “bulk csv order” function and use of the SKU list, and via the “bulk order” form. Each of the indicated methods, provided that the conditions set out in these Terms & Conditions are met, may lead to the conclusion of a Sales Agreement under these Terms & Conditions.
  7. SELLER / SERVICE PROVIDER – MAMAS COSMETICS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered into the Register of Entrepreneurs by the DISTRICT COURT FOR KRAKÓW-ŚRÓDMIEŚCIE IN KRAKÓW, 11th COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under KRS number: 0000993813, share capital: PLN 5,000.00, place of business and address for service: ul. Piastowska 25A, 30-065 Kraków, Poland, VAT ID (NIP): 9452226279, REGON: 382830234, e-mail address: support@mamas-b2b.com.
  8. SERVICE RECIPIENT / USER – a natural person, legal person or an organizational unit without legal personality granted legal capacity by law, using an Electronic Service.
  9. CLIENT – a Service Recipient who is an Entrepreneur, who has concluded or intends to conclude a Sales Agreement with the Seller and uses or intends to use Electronic Services enabling the conclusion of Sales Agreements via the Service.
  10. ENTREPRENEUR – a natural person, legal person or an organizational unit that is not a legal person, granted legal capacity by law, conducting business or professional activity in its own name.
  11. PRODUCT – a movable item available in the Service, which is the subject of a Sales Agreement between the Client and the Seller.
  12. SALES AGREEMENT – a Sales Agreement for a Product concluded between the Client and the Seller via the Service.
  13. ORDER – the Client’s declaration of intent constituting an offer to conclude a Sales Agreement for a Product with the Seller.
  14. PRICE – the monetary value the Client is obliged to pay the Seller for the Product.
  15. NEWSLETTER – a free Electronic Service enabling the Service Recipient to receive requested marketing information originating from the Seller.

§ 3. INFORMATION ABOUT THE SERVICE, PRODUCTS AND ORDERING

  1. The www.mamas-b2b.com Service sells Products via the Internet.
  2. Access to all Service functionalities is available only to registered Users who have created an Account in accordance with the procedure described in item 3 of this section.
  3. Creating an Account.
    1. An Account may be created by a Service Recipient who is approved by the Service Provider. The Service Provider does not guarantee approval of every applicant due to the professional nature of the Service and specific conditions that potential Clients must meet.
    2. To create an Account, the Service Recipient should complete the Registration Form available on the Service website.
    3. The data entered in the Registration Form must be true and accurate.
    4. After completing the Registration Form, the Service Recipient will gain access to the Account if the Service Provider approves it.
    5. After logging in, the Service Recipient can view Order statuses and purchase history and can place Orders in the Service.
  4. Products offered in the Service are new, consistent with their description, and have been legally placed on the European market.
  5. Information presented on the Service website does not constitute an offer within the meaning of applicable law. By placing an Order, the Client submits an offer to purchase a specific Product on the terms stated in its description.
  6. The Product Price displayed on the Service website is stated in euros (EUR) and includes all components except VAT (net price). The Price does not include delivery costs.
  7. The Product Price displayed in the Service is binding at the time the Client places an Order. This Price will not change regardless of later price changes in the Service that may occur for particular Products after the Order has been placed.
  8. The Seller clearly informs Clients about unit Prices and promotions and discounts of Product Prices.
  9. Orders may be placed via the website using the Order Form (www.mamas-b2b.com) – 24 hours a day, all year round. Specific ordering methods are described in § 2 item 6 of these Terms & Conditions.
  10. To place an Order, the Client must register an Account in the Service.
  11. A condition for placing an Order in the Service is that the Client has read and accepted these Terms & Conditions during the ordering process.
  12. The Service processes Orders placed Monday to Friday during the Service business hours, i.e., 10:00–16:00 on business days. Orders placed on business days after 16:00, on Saturdays, Sundays and public holidays will be processed on the next business day.
  13. Promotional (sale) Products have limited stock and Orders for them will be processed in the order of receipt until the stock of the given Product is depleted.
  14. The Client may obtain individual pricing and discount terms. For this purpose, the Client should contact the Seller by e-mail: sales@mamas-b2b.com.

§ 4. CONCLUSION OF THE SALES AGREEMENT

  1. To conclude a Sales Agreement, the Client must first place an Order using the methods made available by the Seller in accordance with § 3 items 9, 10 and 11 of these Terms & Conditions.
  2. After placing an Order, the Seller promptly confirms its receipt.
  3. The confirmation of receipt of the Order referred to in item 2 of this section binds the Client to the Order. The confirmation is provided by e-mail.
  4. The confirmation of receipt of the Order includes:
    • confirmation of all essential elements of the Order,
    • these Terms & Conditions.
  5. Upon the Client’s receipt of the e-mail referred to in item 4 of this section, a Sales Agreement is concluded between the Client and the Seller. In the event of IT errors or other reasons preventing fulfilment of the Client’s Order (including out-of-stock situations, supply interruptions, etc.), the Seller is entitled, within 14 business days of the Client placing the Order, to withdraw from the concluded Sales Agreement without incurring any liability towards the Client, even if the confirmation referred to in item 2 has already been issued. In such a case, the Seller may propose a modification of the Client’s original Order, which would enable performance of the Sales Agreement.
  6. Each Sales Agreement will be confirmed with a proof of purchase (VAT invoice), which will be attached to the Product and/or sent by e-mail to the Client’s e-mail address provided in the Order Form.
  7. The Seller has the right to withdraw from the Sales Agreement if the Client fails to perform its obligation within a strictly specified deadline.
  8. Orders placed due to software errors or broadly understood IT hardware errors used by the Seller do not result in the conclusion of a Sales Agreement and will not be fulfilled. In such a case, the Seller is entitled to revoke the sent confirmation of the Order placed, which was submitted under error.

§ 5. PAYMENT METHODS AND DELIVERY

  1. The Seller enables payment by traditional bank transfer to the Seller’s bank account and via the Stripe payment system acting as an external payment service provider; using Stripe payments means acceptance of the Stripe Services Agreement (https://stripe.com/legal), Stripe Privacy Policy (https://stripe.com/privacy) and the security rules described in Stripe documentation, and transaction handling, including any disputes, refunds and chargebacks, is carried out in accordance with Stripe’s rules.
  2. In the case of payment by traditional bank transfer, payment should be made to the bank account indicated on the pro forma invoice sent, within the payment term stated therein. The Order number and the Seller’s details provided in the pro forma should be included in the transfer title.
  3. Delivery costs, payable by the Client, are determined during the ordering process and depend on the size/volume of the ordered Products. Delivery costs and delivery time may be updated after the Order is placed by the Client and manually approved by the Seller, of which the Client will be informed by e-mail; in such a case the Client may, but is not required to, accept the new delivery cost and delivery time or withdraw from the Sales Agreement without additional costs within 48 hours of receiving the e-mail message.
  4. The delivery time consists of the time needed to pick/prepare the Product(s) and the carrier’s delivery time; the picking/preparation time depends on the size and specifics of the Order, and if fulfilment exceeds 5 business days the Seller will contact the Client to determine further details of Order fulfilment.
  5. Products purchased in the Service are shipped via external carriers. They may also be collected in person by the Client at a previously agreed time.
  6. The Seller is not liable for damage arising during delivery of the Product caused by the carrier. In such a case, the Client pursues claims directly against the carrier.
  7. If the Product is shipped to the Client via a carrier, the Client is obliged to examine the shipment at the time and in the manner customary for shipments of that type. If the Client finds that the Product has been lost or damaged during transport, the Client is obliged to take all steps necessary to establish the carrier’s liability.
  8. The Products will be shipped or made available to the Client only after payment of the Price for the Products. If the Client fails to pay the Price on time, the Seller may withdraw from the concluded Sales Agreement.

§ 6. PRODUCT COMPLAINTS

  1. The basis and scope of the Seller’s liability towards the Client under statutory warranty (rękojmia) are set out in the Civil Code Act of 23 April 1964, unless this section provides otherwise.
  2. Quantity and quality shortages should be reported within 7 days from the date the Product is delivered to the Client.
  3. Benefits and burdens related to the Product as well as the risk of accidental loss or damage pass to the Client at the moment the Seller hands the Product over to the carrier.
  4. In the case referred to in item 3 of this section, the Seller is not liable for loss, shortage or damage to the Product arising from the moment the Product is accepted for carriage until it is delivered to the Client, nor for delays in transport.
  5. The Client is obliged to examine the Product upon delivery in a manner reflecting the professional nature of its business and, if packaging damage is noticed, to take all steps necessary to establish the carrier’s liability (including preparing a damage report), under penalty of losing rights under statutory warranty.

§ 7. TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables, via the Service, the use of Electronic Services such as:
    • concluding Sales Agreements for Products,
    • maintaining an Account in the Service,
    • subscribing to the Newsletter.
  2. The provision of Electronic Services to Service Recipients in the Service is carried out under the conditions set out in these Terms & Conditions.
  3. The Service Provider has the right to place advertising content on the Service website. Such content forms an integral part of the Service and the materials presented therein.
  4. By registering an Account in the Service, the Service Recipient consents to receiving information related to the functioning of the Account and the performance of electronically provided services, including in particular messages regarding:
    • the registration and login process,
    • order fulfilment,
    • changes to the Terms & Conditions,
    • Account security,
    • availability of Service features and functionalities.
  5. The Service may send the Service Recipient messages concerning unfinished Orders, in particular as reminders of an interrupted purchasing process or the possibility of obtaining technical assistance, unless the Service Recipient has objected to receiving such communications.
  6. The Service provides a “Notify when available” feature enabling the Service Recipient to receive an electronic message when a selected Product becomes available again. Using this feature is equivalent to consenting to receive a one-time message regarding the availability of the Product.
  7. If the Service Recipient gives separate consent, the Service may send marketing information, including in particular:
    • messages concerning cyclical purchases,
    • summaries of recent Orders,
    • information about Product availability,
    • information about the offer, promotions or new Service functionalities.
  8. The Service Recipient may withdraw the consents referred to in items 6 and 7 above at any time.

§ 8. CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES

  1. The provision of the Electronic Services specified in § 7 item 1 by the Service Provider is free of charge.
  2. Term of the agreement:
    • the agreement for the Electronic Service consisting in enabling the placement of an Order in the Service is concluded for a fixed term and terminates upon placement of the Order or upon the Service Recipient ceasing the ordering process,
    • the agreement for the Electronic Service consisting in maintaining an Account in the Service is concluded for an indefinite term; the agreement is concluded when the Service Provider sends confirmation of Account creation,
    • the agreement for the Electronic Service consisting in the Newsletter is concluded for an indefinite term with the possibility for the Service Recipient to resign at any time.
  3. Technical requirements necessary to cooperate with the ICT system used by the Service Provider:
    • a computer (or mobile device) with Internet access,
    • access to e-mail,
    • a web browser,
    • cookies and JavaScript enabled in the web browser.
  4. The Service Recipient is obliged to use the Service in compliance with the law and good customs, taking into account respect for personal rights and intellectual property rights of third parties.
  5. The Service Recipient is obliged to provide data that is true and accurate.
  6. The Service Recipient is prohibited from providing unlawful content.

§ 9. COMPLAINTS REGARDING ELECTRONIC SERVICES

  1. Complaints regarding Electronic Services provided via the Service may be submitted by the Service Recipient by e-mail to: support@mamas-b2b.com.
  2. The e-mail should include as much information and circumstances regarding the complaint as possible, in particular the type and date of the irregularity and contact details. This information will significantly facilitate and expedite the complaint handling by the Service Provider.
  3. The Service Provider will respond to the complaint promptly, no later than within 14 days from the date of submission.
  4. The Service Provider’s response to the complaint will be sent to the Service Recipient’s e-mail address provided in the complaint or in another manner indicated by the Service Recipient.

§ 10. CONDITIONS FOR TERMINATING ELECTRONIC SERVICE AGREEMENTS

  1. Termination of an agreement for an Electronic Service:
    • an agreement for an Electronic Service of a continuous and indefinite nature (Account, Newsletter) may be terminated,
    • the Service Recipient may terminate the agreement with immediate effect and without stating reasons by sending a relevant statement by e-mail to: support@mamas-b2b.com,
    • the Service Provider may terminate the agreement with immediate effect and without stating reasons by sending the Service Recipient a termination statement,
    • termination results in the legal relationship ending with effect for the future.
  2. The Service Provider and the Service Recipient may terminate an agreement for an Electronic Service at any time by mutual agreement.

§ 11. INTELLECTUAL PROPERTY

  1. All content published on the website at www.mamas-b2b.com is protected by copyright and (subject to § 11 item 3 and elements published by Service Recipients used under a licence, transfer of economic copyrights or permitted use) is owned by MAMAS COSMETICS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the Register of Entrepreneurs by the DISTRICT COURT FOR KRAKÓW-ŚRÓDMIEŚCIE IN KRAKÓW, 11th COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under KRS number: 0000993813, share capital: PLN 5,000.00, place of business and address for service: ul. Piastowska 25A, 30-065 Kraków, Poland, VAT ID (NIP): 9452226279, REGON: 382830234. The Service Recipient bears full liability for damage caused to the Service Provider as a result of using any content from www.mamas-b2b.com without the Service Provider’s consent.
  2. Any use by anyone, without the Service Provider’s express written consent, of any elements comprising the content and the website at www.mamas-b2b.com 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 logos used on the Service website at www.mamas-b2b.com belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the Service website at www.mamas-b2b.com are used for informational purposes.

§ 12. FINAL PROVISIONS

  1. Agreements concluded via the Service are concluded in accordance with Polish law.
  2. If any part of these Terms & Conditions is found to be inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.
  3. Any disputes arising from Sales Agreements between the Service and Clients will first be resolved through negotiations with the intention of reaching an amicable settlement, taking into account the Act on out-of-court dispute resolution. If this is not possible or satisfactory for either party, disputes will be resolved by the competent common court in accordance with item 4 of this section.
  4. Any court disputes arising between the Service Provider and the Service Recipient (Client) shall be submitted to the court competent for the registered office of the Service Provider (Seller).