Terms of sale

The MOANS MUSIC online store operating at: www.moansmusic.art is run by: Andrzej Choromański, running a business under the name MOANS MUSIC Andrzej Choromański, carried out in Olsztyn, at ul. Dworcowa 77/28, 10-437 Olsztyn, NIP 7392796077, REGON 511371229, based on an entry in the Central Register and Information on Economic Activity of the Republic of Poland, kept by the minister of economy.

For the correct use of the MOANS MUSIC online store, a computer or other electronic devices are used by the Buyer, applicable applications, and minimum technical requirements:

  • Microsoft Internet Explorer version 11 or newer with ActiveX, JavaScript and Cookies enabled,
  • or Microsoft Edge version 17 or newer with ActiveX, JavaScript and Cookies enabled,
  • or Mozilla Firefox version 68 or newer with Java, JavaScript and Cookies applets enabled,
  • or Opera version 58 or newer with Java, JavaScript and Cookies applets enabled,
  • or Google Chrome version 75 or newer with Java, JavaScript and Cookies applets enabled, Furthermore, the Buyer’s device should have a permanent internet connection.

Some connections or Store content may not be displayed correctly while using the Store with mobile devices.

Seller details

MOANS MUSIC Andrzej Choromański
Dworcowa Street 77/28, 10-437 Olsztyn
NIP 7392796077, REGON: 511371229

phone: +48 602 570 519
e-mail: info@moansmusic.art

Bank account number: mBank 88 1140 2004 0000 3702 7949 5497

Subject of transaction

Subjects of transaction are products listed in the offer, presented on websites of MOANS MUSIC Online Store at the time of ordering Prices of all products in the Store’s offer are in Polish zlotys and include VAT as well as in Euro and dollars (for English-language part).

Placing orders

Orders for products are placed via the Store.
To place an order through the Store, select the product and click “add to cart” or other equivalent designation. The product will then be added to the Buyer’s virtual basket, to which the Buyer may freely add or remove other products.

Products offered in the Store may be limited in quantity. Adding a product to the cart does not equal booking it. The Buyer will be informed about the lack of availability of the selected product in the Store before placing the order, and in special cases, the Seller reserves the right to inform the Buyer about this fact electronically or via the contact telephone number provided when placing the order.

To place an order, go to the cart tab and click the “Order” icon or other equivalent designation, the Buyer will be directed to the page where he will be required to complete the required fields regarding the details of the order, such as:

  • contact details (name, surname / company name, address of residence / registered office,
  • e-mail address, telephone number),
  • delivery address, if different from the address of
  • residence / registered office,
  • delivery and payment method,
  • information about the request to issue an
  • invoice or receipt for the order.

Please be advised that from January 1, 2020, issuing a VAT invoice at the request of the Buyer to a previously issued receipt is possible only if the receipt shows the NIP number provided by the Buyer.

After providing the required data, to confirm the order, click on “Order with payment obligation” icon or other equivalent designation. Depending on the chosen payment method, the Buyer may be redirected to the website of an external payment service provider.

The order is placed when the Seller receives the payment for the order placed. The exception is cash on delivery (COD) option. After receiving the order, the Buyer will receive confirmation of the start of its implementation by the Seller via e-mail address provided when placing the order.
ORDERS RECEIVED FOR IMPLEMENTATION AND PAID AFTER 10.00 PM (payment for purchases or choosing the option for their payment on delivery is the deciding factor) WILL BE COMPLETED within 7 business days at the latest.

Shipments take place on Thursday each week, excluding public holidays.

Payment methods

The following payment methods are available:

  • debit card (VISA, MASTERCARD, DINERS CLUB INTERNATIONAL, JCB), transactions are made via the PAYPAL transaction service

Time of order processing

The total waiting time for delivery consists of the time the order is completed by the store and the shipping time. Usually 5-7 business days.
Deliveries of goods are made via Poczta Polska S.A., registered post.

Shipping fees

Shipping costs include: postage according to the rates of Poczta Polska and packaging costs.

  • Fee for shipment of goods within the country, regardless of weight, is: PLN 8 gross
  • Fee for shipping ‘COD’ within the country, regardless of weight,: PLN 17 gross
  • Fee for shipping abroad: PLN 20 gross

Returns and complaints

a) Buyers right of withdrawal:
Buyer has the right to withdraw from a distance contract, without giving a reason, within 14 days of delivery.

To exercise the right of withdrawal, the Buyer should submit a statement of withdrawal from the contract to the Seller:

via e-mail: info@moansmusic.art
and return the goods to which the withdrawal relates to the Seller, within 14 days from the date of withdrawal from the contract, to this address:

MOANS MUSIC Andrzej Choromański
10-437 Olsztyn
Dworcowa Street 77/28

Buyer pays the costs of returning the goods to the Seller.
To comply with the 14-day withdrawal period, it is sufficient to send the Seller a statement before its expiry.

In the event of withdrawal from the contract, the contract is considered null and void, and the Seller is obliged to return all payments received from the Buyer immediately, but not later than 14 days of receipt of the statement of withdrawal from the contract. However, if the Buyer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller, he is not obliged to refund the additional costs incurred by the Buyer.

The form for withdrawal from the contract, prepared by the Seller, is attached as Annex 1 to these Regulations. The Buyer is not obliged to use the withdrawal form prepared by the Seller, however, in order to handle the refund faster, the Seller recommends using it.

The reimbursement is made using the same method of payment that the Buyer used, unless the Buyer explicitly agreed to a different method of return that does not entail any costs for him.

The buyer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

The Seller has the right to withhold the reimbursement of payments received from the Buyer until the goods are received back or the Buyer provides proof of sending it back, whichever occurs first.

The right to withdraw from the contract does not apply to contracts for sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery.

b) complaints
All goods sent by the Store are new, they should be free from defects and mechanical damage. Otherwise, we accept complaints resulting from receiving defective goods. A defective product is considered to have arrived in a damaged state (scratched disc, damaged packaging – cover) or one that, e.g. as a audio recording medium, is recorded incorrectly (e.g. poor sound quality, unplayable recording, etc.)

The Seller is responsible to the Buyer for physical or legal defects of goods offered for sale through the Store on the basis of generally applicable legal articles.

The Buyer may file a complaint regarding goods to the Seller via e-mail: info@moansmusic.art

Cost of returning items in the event of a complaint:
If the complaint is accepted, the Seller shall reimburse the Buyer for the costs of returning the defective goods, as well as delivery of a new one, free from defects – if applicable. The refund will be in the form of a bank transfer within 14 days of receiving all necessary transfer details from the Buyer.

Procedure:

The Seller recognizes the submitted complaint within 14 days from the day on which he obtained all the necessary information from the Buyer enabling him to objectively respond to the content of the complaint and the requests made therein.

The Seller reserves the right to contact the Buyer using the contact details received from him in the need to obtain additional data necessary to consider the complaint.
Correspondence regarding complaints may be written, using traditional mail or electronic mail, via e-mail address received for this purpose from the Buyer.
In case of any doubts, please contact us via phone (business days, between 8.00-15.00), tel. number +48  602-570-519 or via e-mail: info@moansmusic.art

Possibility of using out-of-court complaint consideration and redress methods, as well as access to these procedures:
The buyer being a consumer has the option of using an out-of-court complaint and redress procedure before the Permanent Consumer Arbitration Court in Olsztyn. Information on how to access the abovementioned procedures and procedures for resolving disputes can be found at the following address: http://www.uokik.gov.pl, in the “Settlement of consumer disputes” tab.
In accordance with EU Regulation No. 524/2013, we hereby inform that the Buyer has the right to take advantage of out-of-court resolution of a possible consumer dispute, via online platform http://ec.europa.eu/consumers/odr/.

Disclaimer

All product information and photos are copyright protected. It is forbidden to copy and distribute them, use them for commercial purposes or present on other websites without consent of the Seller. Product photos may differ in color from real products due to different properties and configuration of customers’ computer equipment. All trade names, product names, company names and their logos used in the Store belong to their owners.

No unlawful usage of content or programs

Using the Store improperly, i.e. through deliberate attempts to run or introduce malicious programs or other digital content aimed at disrupting proper functioning of the Store is prohibited. The wrong way to use the Store is also: entering or placing content prohibited by generally applicable laws
RODO
In accordance with art. 13 section 1 and 2 of Regulation (EU) 2016/679 of the European Parliament and of the Council, 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Regulation on data protection), hereinafter referred to as “GDPR” we inform you that:
Administrator of Buyer’s personal data is: MOANS MUSIC Andrzej Choromański 10-437 Olsztyn, Dworcowa Street 77/28

Buyers’ personal data will be processed for purposes related to:

  • conclusion and implementation of orders placed through the Store (art.6 par.1 lit.b RODO),
  • settlement of orders with relevant tax authorities (art.6 par.1 lit.c RODO),
    considering complaints (art.6 par.1 lit.f RODO),
  • determination, investigation and defense against claims related to orders (art.6 par.1 lit.f RODO),
  • conducting correspondence with data subject in the scope of the Store’s activities (art.6 par.1 lit.f RODO).

The recipients of Buyer’s data will be entities providing postal, payment, IT, legal and accounting services to the Seller, as well as other entities, including public entities, to whom the disclosure of Buyer’s personal data will be necessary to achieve the purposes of processing or when the Seller provides this data, will result from a provision of generally applicable law.

Buyer’s personal data will be processed for the period of limitation of public law obligations related to the order completed by the Seller.

Buyers have the right to access their data and rectify it, the right to delete data, limit processing, object to processing, the right to transfer data and the right to lodge a complaint with the President of the Office for Personal Data Protection.

Providing personal data by Buyers is voluntary, but if they are not provided to the extent necessary to accept the order, its implementation by the Seller will not be possible.

Change of regulations

The content of these regulations may change, e.g. as a result of a change in the scope or model of the Store’s operation, or a change in generally applicable law. Before each order, the Buyer is obliged to read the current content of the regulations in force on the date of the order.

Contact with the Seller

All queries, comments and suggestions regarding functioning or offer of the Store may be submitted to this e-mail address: info@moansmusic.art
Annex – Withdrawal form.