Terms and Conditions
§ 1 PRELIMINARY PROVISIONS
1. The MOONSTREET.pl online store, available at the website moonstreet.pl, is operated by Moonstreet spółka z o.o. with its registered office in Katowice, at ul. Warszawska 40/2A, entered into the Register of Entrepreneurs of the National Court Register under KRS no. 0001153660 NIP 9542883182 REGON 54083920400000
2. These Terms and Conditions are addressed both to Consumers and to Entrepreneurs using the Store and set out the rules for using the online Store as well as the rules and procedure for concluding distance Sales Agreements with the Customer through the Store.
§ 2 DEFINITIONS
1. Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
2. Seller – Moonstreet spółka z o.o. with its registered office in Katowice, at ul. Warszawska 40/2A, entered into the Register of Entrepreneurs of the National Court Register under KRS no. 0001153660 NIP 9542883182 REGON 54083920400000
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity in its own name and using the Store.
5. Store – the online store operated by the Seller at the website www.moonstreet.pl
6. Distance Agreement – an agreement concluded with the Customer within an organized system of concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment the agreement is concluded.
7. Terms and Conditions – these Terms and Conditions of the Store.
8. Order – a declaration of intent by the Customer submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
9. Account – the customer’s account in the Store, in which the data provided by the Customer and information about the Orders placed by them in the Store are stored.
10. Registration Form – a form available in the Store enabling the creation of an Account.
11. Order Form – an interactive form available in the Store enabling an Order to be placed, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are displayed, and where it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Product – a service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
14. Sales Agreement – an agreement for the sale of a Product concluded or being concluded between the Customer and the Seller through the online Store. A Sales Agreement is also understood to mean – depending on the characteristics of the Product – a contract for the provision of services and a contract for specific work.
§ 3 CONTACTING THE STORE
Seller’s e-mail address: kontakt@moonstreet.pl
§ 4 TECHNICAL REQUIREMENTS
To use the Store, including browsing the Store’s range and placing orders for Products, the following are required:
a. a terminal device with access to the Internet and a web browser
b. an active electronic mail (e-mail) account,
c. cookies enabled,
§ 5 GENERAL INFORMATION
1. To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties, or the incompatibility of the online Store with the Customer’s technical infrastructure.
2. Browsing the Store’s range does not require setting up an Account. Placing orders by the Customer for Products in the Store’s range is possible either after setting up an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the Order to be fulfilled without setting up an Account. version for stores selling in Polish zloty
3. The prices given in the Store are stated in Polish zloty and are gross prices (they include VAT).
§ 6 SETTING UP AN ACCOUNT IN THE STORE
1. To set up an Account in the Store, you must complete the Registration Form.
2. Setting up an Account in the Store is free of charge.
3. Logging in to the Account is done by entering the login and password established in the Registration Form.
4. The Customer may, at any time, without giving a reason and without incurring any fees for this, delete the Account by sending an appropriate request to the Seller, in particular by electronic mail or in writing to the addresses given in § 3.
§7 RULES FOR PLACING AN ORDER
In order to place an Order, you must:
1. log in to the Store (optional);
2. select the Product that is the subject of the Order and then click the “Add to cart” button (or equivalent);
3. log in or use the option to place an Order without registration;
4. if the option to place an Order without registration was selected – complete the Order Form by entering the Order recipient’s data and the address to which the Product is to be delivered, select the type of shipment (method of delivering the Product), enter the invoice data if it differs from the Order recipient’s data,
5. click the “Order and pay” button/click the “Order and pay” button and confirm the order by clicking the link sent in the e-mail message,
6. select one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.
§ 8 OFFERED METHODS OF DELIVERY AND PAYMENT
1. The Customer may use the following methods of delivery or collection of the ordered Product:
a. Delivery to the indicated e-mail address.
2. The Customer may use the following payment methods:
a. Electronic payments.
b. Payment by payment card (Visa, Visa Electron, Maestro, MasterCard, MasterCard Electronic)
c. Mobile payments.
3. Detailed information on delivery methods and accepted payment methods can be found on the Store’s pages.
4. In the case of a refund from an instant transfer and/or payment card, it will be returned to the bank account linked to the above-mentioned payment method.
5. The entity providing online payment services is Autopay S.A.
6. In the case where the Customer selects payment by transfer, electronic payments or payment card – from the day the Seller’s bank account is credited.
§ 9 PERFORMANCE OF THE SALES AGREEMENT
1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has first placed an Order via the Order Form in the online Store in accordance with § 7 of the Terms and Conditions.
2. After an Order is placed, the Seller promptly confirms its receipt and at the same time accepts the Order for fulfillment. Confirmation of receipt of the Order and its acceptance for fulfillment takes place by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the placing of the Order, which contains at least the Seller’s declarations of receipt of the Order and of its acceptance for fulfillment as well as confirmation of the conclusion of the Sales Agreement. Upon the Customer’s receipt of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3. The beginning of the delivery period of the Product to the Customer is counted as follows. In the case where the Customer selects electronic payment or payment card – from the day the Seller’s bank account is credited.
4. After a successful payment has been made (i.e. after receiving confirmation from the payment operator), the ticket in the form of a link to the game will be sent to the e-mail address provided when placing the order, within 10 minutes.
§ 10 RIGHT OF WITHDRAWAL FROM THE AGREEMENT
1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period referred to in section 1 begins upon delivery of the Product to the Consumer.
3. The Consumer may withdraw from the Agreement by submitting to the Seller a declaration of withdrawal from the Agreement. To meet the withdrawal deadline, it is sufficient for the Consumer to send the declaration before this deadline expires.
4. In the event of withdrawal from the agreement, the buyer will receive a refund on the next business day to the account from which the purchase was made.
§ 11 COMPLAINTS AND WARRANTY
1. The Sales Agreement covers new Products.
2. In the event of a defect in goods purchased from the Seller, the Customer has the right to file a complaint based on the provisions on statutory warranty (rękojmia) in the Civil Code.
3. A complaint should be submitted in writing or electronically to the Seller’s addresses given in these Terms and Conditions.
4. The complaint will be considered within 14 days from the date of submission.
§ 11 GENERAL RULES
- The city games offered by the Seller do not require prior reservation of a date or place.
- The Seller provides the option to start the game during specified hours, which are published and updated on an ongoing basis on the Store’s website: https://moonstreet.pl/godziny-rozpoczecia/.
- The Buyer accepts the fact that the Seller reserves the right to disable the option to play on various days.
- Before starting the game, the Buyer is obliged to check on the website the current start hours and the availability of the game on a given day.
- Information about the unavailability of the game or changes to the start hours is published on the Store’s website. In the event of sudden situations, the Seller may also contact the Buyer by SMS.
- The Buyer acknowledges that starting the game outside the currently designated hours may result in it functioning incorrectly or in a lack of access to certain elements of the route. Participation in the game in such a case is at one’s own risk and does not entitle one to a refund.
- If the Buyer starts the game on a day and at a time when the game was marked as unavailable on the Store’s website, they are not entitled to a refund.
- In the event that the game was marked as available but nevertheless could not take place for reasons attributable to the Seller, the Buyer has the right to:
a. a refund, or
b. a choice of another date for participating in the game. - Participation in the game requires having a mobile device with Internet access.
- The Buyer will not destroy any props on the game route.
- The Buyer will leave any props encountered in the same condition as they found them.
- The Buyer takes responsibility for all damage caused by fellow players.
- During participation in the adventure, the Buyer will behave in accordance with applicable social norms.
- The Buyer accepts the fact that bad weather is not grounds for a complaint or a refund of the ticket.
- The link to the game is valid for 12 months from the purchase or, in the case of an order using a voucher, for the validity period of the purchase voucher, whichever comes first. After this period, the link to the game ceases to be active and expires.
§ 12 OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
1. Detailed information on the possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, is available at the offices and on the websites of the district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, the Provincial Inspectorates of the Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:
– http://www.uokik.gov.pl/spory_konsumenckie.php
– http://www.uokik.gov.pl/sprawy_indywidualne.php
– http://www.uokik.gov.pl/wazne_adresy.php
2. The Consumer has the following example options for using out-of-court methods of handling complaints and pursuing claims:
a. The Consumer is entitled to apply to a permanent amicable consumer court referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
b. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
c. The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, the Association of Polish Consumers).
§ 13 PERSONAL DATA IN THE ONLINE STORE
1. The administrator of the personal data of Customers collected through the online Store is the Seller.
2. Customers’ personal data collected by the administrator through the online Store are collected for the purpose of performing the Sales Agreement, and if the Customer consents to it – also for marketing purposes.
3. The recipients of the personal data of the online Store’s Customers may be:
a. In the case of a Customer who uses the delivery method by postal or courier shipment in the online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary handling shipments on behalf of the Administrator.
b. In the case of a Customer who uses electronic payment or payment card methods in the online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the online Store.
4. The Customer has the right to access the content of their data and to correct it.
5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions that is necessary to conclude the Sales Agreement results in the inability to conclude that agreement.
§ 14 FINAL PROVISIONS
1. Agreements concluded through the online Store are concluded in the Polish language.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of each change at least 7 days in advance.
3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights; the Act on the protection of personal data.
4. The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, they may file a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/