Terms and Conditions effective as of 01.09.2025
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS AND CONDITIONS OF SALES AGREEMENTS
- PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
- COST, METHODS, AND DELIVERY TIME OF THE PRODUCT
- PRODUCT COMPLAINTS
- OUT-OF-COURT COMPLAINT HANDLING AND REDRESS PROCEDURES, AND RULES FOR ACCESSING THESE PROCEDURES
- RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- PROVISIONS CONCERNING ENTREPRENEURS
- FINAL PROVISIONS
- TEMPLATE WITHDRAWAL FORM
The Online Store www.motherearth.store cares about consumer rights. A consumer cannot waive the rights granted to them under the Consumer Rights Act. Provisions of agreements that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted by mandatory provisions of law, and any potential doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, those provisions shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the website address www.motherearth.store is operated by Aleks Nowicki, conducting business under the name "Alex" Aleks Nowicki, registered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for economy, with the place of business address: ul. Andrzeja Szomańskiego 26E lok.1, 02-495 Warszawa, and mailing address: “Mother Earth” ul. Andrzeja Szomańskiego 26E lok. 1, 02-495 Warszawa, Tax Identification Number (NIP) 5222840217, Statistical Identification Number (REGON) 142713260, e-mail address: online@motherearth.store
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions states otherwise.
1.3. The controller of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period, and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains primarily the rules regarding the processing of personal data by the Controller in the Online Store, including the grounds, purposes, and period of personal data processing and the rights of the data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the associated provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of an agreement and statutory obligations of the Seller).
1.4. Definitions:
WORKING DAY – one day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to an electronic basket and specifying the conditions of the Sales Agreement, including the method of delivery and payment.
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Act of April 23, 1964 – Civil Code.
ACCOUNT – an Electronic Service constituting an individual set of resources in the Service Provider's ICT system, where data provided by the Service Recipient and information regarding their activity and Orders in the Online Store may be stored.
NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.
PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS – these terms and conditions of the Online Store.
ONLINE STORE – the Service Provider's online store available at the website address: www.motherearth.store.
SELLER; SERVICE PROVIDER – Aleks Nowicki conducting business under the name "Alex" Aleks Nowicki registered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for economy, with the place of business address: ul. Andrzeja Szomańskiego 26E lok. 1, 02-495 Warszawa, Tax Identification Number (NIP) 5222840217, Statistical Identification Number (REGON) 142713260, and mailing address: “Mother Earth” ul. Andrzeja Szomańskiego 26E lok. 1, 02-495 Warszawa, e-mail address: online@motherearth.store.
SALES AGREEMENT – a product sales agreement concluded or entered into between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use an Electronic Service.
CONSUMER RIGHTS ACT – the Act of May 30, 2014, on Consumer Rights.
ORDER – the Customer's declaration of intent made using the Order Form and aiming directly at the conclusion of a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
Account – creation and use of an Account take place in accordance with the functionalities made available in the Online Store. The Account service is provided free of charge for an indefinite period. The Service Recipient may resign from the Account at any time and request its deletion by contacting the Seller via e-mail at: online@motherearth.store.
Order Form – use of the Order Form begins the moment the first Product is added to the shopping basket. The Customer provides the data necessary for the fulfillment of the Order and selects the available method of delivery and payment. Until the moment of placing the Order, the Customer may modify the entered data in accordance with the functionalities of the Online Store. The Order Form service is free of charge and is of a one-time nature.
Newsletter – use of the Newsletter takes place after providing an e-mail address and subscribing in accordance with the functionality available in the Online Store. The Newsletter is provided free of charge for an indefinite period. The Service Recipient may resign from the Newsletter at any time, in particular by using the unsubscribe link located in the Newsletter message or by contacting the address: online@motherearth.store
2.2. To use the Online Store, a device with Internet access and an up-to-date web browser supporting cookies and JavaScript is required. To use certain functionalities of the Store, it may also be required to have an active e-mail address.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the factual state. The Service Recipient is prohibited from providing unlawful content.
2.4. Complaint procedure for Electronic Services:
Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in section 6 of the Terms and Conditions) may be submitted by the Service Recipient, for example:
in writing to the address: “Mother Earth” ul. Andrzeja Szomańskiego 26E lok. 1, 02-495 Warszawa; electronically via e-mail to: online@motherearth.store.
It is recommended that the Service Recipient includes in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient's request; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements provided in the previous sentence are merely a recommendation and do not affect the effectiveness of complaints submitted without the recommended description.
The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. TERMS AND CONDITIONS OF SALES AGREEMENTS
3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
3.2. The Product price displayed on the Online Store website is in Polish zloty and includes taxes. The Customer is informed of the total price, including taxes, of the Product subject to the Order, as well as the delivery costs (including charges for transport, delivery, and postal services) and other costs, and when the amount of these fees cannot be determined, of the obligation to pay them, on the Online Store pages during the placement of the Order, including at the time the Customer expresses their will to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
After the Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of the receipt of the Order and its acceptance for processing takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided during the Order placement, which contains at least the Seller's statement on receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon the Customer's receipt of the above e-mail, the Sales Agreement between the Customer and the Seller is concluded.
3.4. Recording, securing, and making the content of the concluded Sales Agreement available to the Customer takes place by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the e-mail referred to in section 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
3.5. All promotions offered on the online store website are conditioned by individual promotion terms and conditions found in the website footer.
The Customer agrees to read the terms and conditions of each promotion before taking advantage of it.
The Seller may organize promotional campaigns on terms specified each time in the conditions of the given promotion. Changing the terms or ending the promotion does not affect the rights acquired by Customers before such change or end of the promotion.
Promotion conditions may be limited in time or quantity, in accordance with the rules specified in the specific promotion's terms and conditions.
4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
4.1. The Seller provides the Customer with various payment methods for the Order, in particular electronic payments, credit card payments, payments via fast payment systems, deferred payments, and bank transfer. The payment methods available for a given Order are presented to the Customer each time in the Online Store during the Order placement.
4.2. Payment deadline:
In the case of choosing electronic payment or credit card payment, the Customer makes the payment during the Order placement. In the case of choosing a bank transfer, the Customer is obliged to make the payment within 3 Working Days from the date of conclusion of the Sales Agreement. In the case of choosing deferred payment or another payment method for which a separate payment deadline is provided, the terms presented to the Customer for the selected payment method apply.
5. COST, METHODS, AND DELIVERY TIME OF THE PRODUCT
5.1. Product delivery is available within the territory of the Republic of Poland and to European Union countries.
5.2. Product delivery to the Customer is paid, unless the Sales Agreement states otherwise. Product delivery costs (including transport, delivery, and postal service charges) are indicated to the Customer on the Online Store website in the information tab regarding delivery costs and during the Order placement, including at the moment the Customer expresses their will to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with various methods of Product delivery, in particular courier delivery and delivery to a parcel locker or pick-up point. The delivery methods available for a given Order are presented to the Customer each time during the Order placement.
5.4. The Product shipping time is indicated on the Product page or during the Order placement. This period is calculated from the date of payment confirmation. In the case of Products with different shipping times, the longest of the indicated periods applies.
6. PRODUCT COMPLAINTS
6.1. The basis and scope of the Seller's liability towards the Customer who is a consumer, if the Product is non-compliant with the agreement, are determined by generally applicable laws, in particular the Act of May 30, 2014, on Consumer Rights, including Art. 43a et seq. of this Act.
6.2. The Seller is obliged to deliver to the Customer a Product compliant with the agreement.
6.3. A complaint may be submitted by the Customer, for example:
in writing to the address: “Mother Earth”, ul. Andrzeja Szomańskiego 26E lok. 1, 02-495 Warszawa; electronically via e-mail to: online@motherearth.store.
6.4. It is recommended that the Customer includes in the complaint description information and circumstances regarding the subject of the complaint, in particular a description of the identified non-compliance of the Product with the agreement, the Customer's request, and contact details of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements provided in the previous sentence are merely a recommendation and do not affect the effectiveness of complaints submitted without the recommended description.
6.5. The Seller shall respond to the complaint of a Customer who is a consumer within 14 days from the date of its receipt. If the Seller does not provide a response to the complaint within this period, it is considered that they have accepted it.
6.6. The Customer makes the complained-about Product available to the Seller for the purpose of examining the complaint. Products submitted in connection with a complaint are handled by the warehouse: “Point of View” Magazyn, Natolin 68A, 05-825 Grodzisk Mazowiecki, marked “REKLAMACJA MOTHER EARTH”. In the case of a Customer who is a consumer, the costs of collection, shipment, or transport of the Product related to the complaint are borne by the Seller in accordance with applicable laws.
6.7. If the Product is non-compliant with the agreement, a Customer who is a consumer may demand its repair or replacement. In cases specified by law, the consumer may also submit a declaration on price reduction or withdrawal from the agreement.
7. OUT-OF-COURT COMPLAINT HANDLING AND REDRESS PROCEDURES, AND RULES FOR ACCESSING THESE PROCEDURES
7.1. A consumer may use out-of-court complaint handling and redress procedures. Detailed information regarding the possibility for a consumer to use such methods and the rules for access to these procedures are available on the website of the Office of Competition and Consumer Protection.
7.2. In particular, the Consumer may seek assistance from a locally competent municipal or district consumer ombudsman or the competent Provincial Inspectorate of Trade Inspection, as well as use out-of-court methods for resolving consumer disputes conducted by authorized entities.
7.3. Information regarding assistance for consumers and entities authorized to conduct proceedings for the out-of-court resolution of consumer disputes is available on the website of the Office of Competition and Consumer Protection: uokik.gov.pl.
7.4. Using out-of-court methods for handling complaints and pursuing claims is voluntary and may take place after the completion of the complaint procedure between the Consumer and the Seller.
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract may be submitted, for example: in writing to the address: “Mother Earth”, ul. Andrzeja Szomańskiego 26E lok. 1, 02-495 Warsaw; electronically via e-mail to the address: online@motherearth.store
8.2. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point 11 of the Terms and Conditions. The Consumer may use the sample form, but it is not mandatory.
8.3. The period for withdrawal from the contract begins:
for a contract in the execution of which the Seller delivers the Product, being obliged to transfer its ownership (e.g., a Sales Contract) – from the moment the Product is taken into possession by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which: (1) includes multiple Products delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists of regular delivery of Products for a specified period – from the moment the first of the Products is taken into possession;
for other contracts – from the date of the contract's conclusion.
8.4. In the event of withdrawal from a distance contract, the contract is considered not concluded.
8.5. The Seller is obliged to immediately, no later than 14 calendar days from the date of receiving the consumer's statement of withdrawal from the contract, return to the consumer all payments made by them, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The Seller refunds the payment using the same payment method as used by the consumer, unless the consumer has expressly agreed to a different refund method which does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, the Seller may withhold the refund of payments received from the consumer until the Product is received back or until the consumer provides proof of sending it back, whichever occurs first.
8.6. The Consumer is obliged to immediately, no later than 14 calendar days from the day on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry to the address: “Point of View” Magazyn, Natolin 68A, 05-825 Grodzisk Mazowiecki
8.7. The Consumer is liable for any reduction in the value of the Product resulting from using it in a manner that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
8.8. Costs of returning the Product
The Consumer may return the Product free of charge via the Szybkie Zwroty InPost service provided by the Seller. In the case of choosing another method of return, the cost is borne by the Consumer.
The Seller shall refund to the Consumer the cost of the initial delivery of the Product up to the cost of the cheapest standard delivery method available in the Online Store. In the case of choosing a more expensive delivery method, the difference in costs is not subject to refund.
8.9. The right of withdrawal from a distance contract is not granted to the consumer in relation to contracts:
(1) for the provision of services, if the Seller has fully performed the service with the explicit consent of the consumer, who was informed before the commencement of the service that after the performance by the Seller, they would lose the right of withdrawal; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) where the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specification or intended to satisfy their individualized needs; (4) where the subject of the service is a Product that spoils quickly or has a short shelf life; (5) where the subject of the service is a Product delivered in a sealed package which, once opened, cannot be returned for health or hygiene reasons, if the package has been opened after delivery; (6) where the subject of the service are Products which, after delivery, by their nature, become inseparably combined with other items; (7) where the subject of the service are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Contract, and the delivery of which can only take place after 30 days, and the value of which depends on market fluctuations over which the Seller has no control; (8) where the consumer explicitly requested the Seller to come to them for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the repair or maintenance, the right of withdrawal applies to those additional services or Products; (9) where the subject of the service are audio or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, except for subscription contracts; (11) concluded by way of public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the consumer's explicit consent before the expiry of the withdrawal period and after the consumer has been informed by the Seller about the loss of the right of withdrawal.
8.10. The provisions regarding the consumer contained in this point 8 of the Terms and Conditions apply from January 1, 2021, and for contracts concluded from that date, also to a Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, when the content of that contract indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available pursuant to the provisions on the Central Register and Information on Economic Activity.
8.11 The returned Product should be properly and securely packaged so that it is not damaged in transport.
9. PROVISIONS REGARDING ENTREPRENEURS
9.1. The provisions of this point 9 apply to Customers and Service Recipients who are entrepreneurs, except for natural persons concluding a contract directly related to their business activity, when the content of that contract indicates that it does not have a professional character for them, resulting in particular from the subject of their business activity, made available pursuant to the provisions on the Central Register and Information on Economic Activity.
9.2. The Seller has the right to withdraw from a Sales Contract concluded with a Customer who is an entrepreneur within 14 days from the date of its conclusion. Withdrawal may be made without giving any reason and does not create any claims against the Seller on the part of the Customer.
9.3. The Seller may limit the available payment methods for a Customer who is an entrepreneur, including requiring prepayment in full or in part.
9.4. The Service Provider may terminate the contract for the provision of an Electronic Service to an entrepreneur with immediate effect for important reasons, in particular in the event of a breach of the provisions of the Terms and Conditions or legal regulations.
9.5. To the extent permitted by applicable law, the Seller's liability towards a Customer who is an entrepreneur is limited to actual damages and does not include lost profits. The total liability of the Seller may not exceed the value of the Order from which the given claim arises.
9.6. Any disputes arising between the Seller or Service Provider and a Customer or Service Recipient who is an entrepreneur shall be submitted to the court competent for the Seller's registered office, unless mandatorily applicable laws provide otherwise.
- FINAL PROVISIONS
10.1. Contracts concluded through the Online Store are concluded in Polish.
10.2. Changes to the Terms and Conditions:
The Seller may amend the Terms and Conditions for important reasons, in particular in the case of changes in legal regulations, payment or delivery methods, the scope of services provided electronically, or the functionality of the Online Store.
Changes to the Terms and Conditions do not violate rights acquired by Customers before their entry into force and do not affect Orders placed before the date of entry into force of the changes.
In the case of continuous services, the Customer will be informed of the change to the Terms and Conditions in a manner allowing them to familiarize themselves with its content before the changes enter into force.
10.3. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular the provisions of the Civil Code, the Consumer Rights Act, and the Act on Providing Services by Electronic Means.