Loyalty programme terms and conditions

LOYALTY PROGRAMME TERMS AND CONDITIONS mokosh.pl

1. DEFINITIONS

The expressions used in these Terms and Conditions have the following meanings:

1) Customer – a natural person with full legal capacity who is a consumer within the meaning of Article 22¹ of the Act of 23 April 1964 – Civil Code, who buys Products in the Online Shop;

2) Participant – a Customer who has joined the Loyalty Programme.

3) Organiser – Mokosh Didiuk Spółka Komandytowa, ul. Dolna 14, 05-152 Kazuń Nowy, NIP: 1182098062, REGON: 147183340, registered in the Register of Entrepreneurs kept by the District Court for the city of Warsaw, XIV Commercial Division, under KRS number 0000810619, e-mail: sklep@mokosh.pl; telephone: +48 798 148 264.

4) Online Shop – the online shop owned by the Organiser, available at: www.mokosh.pl, in which this Loyalty Programme is organised.

5) Product – an item presented in the www.mokosh.pl shop, which is the subject of the sales contract between the Customer and the Seller.

6) Catalogue – the list of products available in the www.mokosh.pl shop, with the purchase of which the Customer can exchange a certain number of Points collected under the Loyalty Programme, with the discounts described in the Catalogue.

7) Point – a point awarded to the Participant for each full zloty spent on purchasing Products at retail prices in the www.mokosh.pl shop, rounded down and excluding delivery costs, or as a result of actions specified in these Terms and Conditions.

8) Special Actions – additional actions for Participants organised by the Organiser, which may result in additional benefits for the Participant, e.g. gifts, additional Points or additional discounts.

9) Programme Participant Account – the individual account of the Programme Participant, available in the Organiser's Online Shop, on which Points are accumulated.

10) Customer Account – the Customer's individual account in the Online Shop.

11) Loyalty Programme – the loyalty programme for Customers organised by the Organiser in accordance with these Terms and Conditions. The Loyalty Programme is organised in the territory of the Republic of Poland.

12) Terms and Conditions – these Loyalty Programme terms and conditions.

13) Civil Code – the Act of 23 April 1964.

2. GENERAL PROVISIONS

2.1. These Terms and Conditions set out the conditions for participation in the Loyalty Programme, the Organiser of which is the company Mokosh Didiuk spółka komandytowa.

2.2. This Loyalty Programme is addressed to Customers of the Online Shop who conclude Product sales contracts with the Organiser.

2.3. The Loyalty Programme Terms and Conditions are available on the Organiser's website www.mokosh.pl

2.4. To use the Online Shop and the Loyalty Programme, the minimum technical requirements must be met: for the proper use of the Loyalty Programme and its functions, you must have an end device (computer, tablet, smartphone, etc.) with internet access and an installed browser, as well as an active e-mail account.

3. CONDITIONS OF PARTICIPATION

3.1. A Participant in the Loyalty Programme is a Customer of the Online Shop who has a registered Customer Account.

3.2. Natural persons with full legal capacity who are consumers within the meaning of Article 22¹ of the Act of 23 April 1964 – Civil Code may join the Loyalty Programme.

3.3. Joining the Loyalty Programme is done by filling in the registration form, registering a Customer Account in the Online Shop and the Customer's acceptance of these Terms and Conditions. In the case of a Customer who does not have a Customer Account in the Online Shop, joining the Loyalty Programme implies consent to the registration of a Customer Account in the Online Shop.

3.4. To join the Loyalty Programme, the Customer must provide in the registration form the following data: first name, surname, postcode, city, e-mail address, create a password for the Customer Account and confirm the e-mail address by clicking the registration link sent to the Customer's e-mail address.

3.5. A Customer who registers a Customer Account in the Online Shop joins the Loyalty Programme by accepting these Terms and Conditions.

3.6. In the event of a change to the data mentioned in point 3.4., the Customer must update it through the Customer Account or by e-mail to: sklep@mokosh.pl.

3.7. The Participant bears all possible consequences arising from providing incorrect data in the Customer Account or from failing to update it.

3.8. The Organiser has the right to block the Customer Account in cases provided for by applicable legal provisions or in the event of a confirmed breach by the Participant of the provisions of the Loyalty Programme Terms and Conditions, the provisions of the Online Shop Terms and Conditions, the rights of third parties, the personal rights of third parties or the rules of social coexistence, as well as in the event of identifying an event that causes or may cause a breach of information security, a breach of the security of the IT system or a breach of the rights and freedoms of third parties.

3.9. The Participant is obliged to:
- use the Online Shop and the functions of the Loyalty Programme in a manner consistent with applicable legal provisions and with the provisions of the Terms and Conditions;
- not submit or transmit content prohibited by legal provisions, e.g. content that promotes violence, that is defamatory or that infringes the personal rights and other rights of third parties;
- use the Online Shop and the functions of the Loyalty Programme in a way that does not interfere with its operation, in particular through the use of specific software or devices;
- not take actions such as: sending or placing within the Online Shop unsolicited commercial information (spam);
- use the Online Shop and the functions of the Loyalty Programme in a way that is not disruptive to other customers and to the Organiser;
- use all content placed within the Online Shop and the functions of the Loyalty Programme only within the scope of their own personal use;
- not infringe, and respect, the Organiser's intellectual property protection rights.

4. AWARDING OF POINTS

4.1. The Loyalty Programme is in effect from 01.07.2023 for an indefinite period. If a decision is made to end the Loyalty Programme, the Organiser will notify Customers by sending a message to the Customer's e-mail address provided in the registration form, as well as on the Organiser's website: www.mokosh.pl, with a notice period of 30 days. The Customer retains the right to use the accumulated points for a period of three months after the end of the Loyalty Programme.

4.2. Points under the Loyalty Programme are awarded to a Participant who has a registered Programme Participant Account, for Product purchase contracts in the Online Shop concluded after logging in to the Customer Account, once the purchases have been paid for in advance through the available forms of payment.

4.3. Points are not due for the purchase indicated in point 4.2. above if the Customer has withdrawn from the Product purchase contract.

4.4. Points are awarded in an amount that depends on the value of the purchase: 1 point is awarded to the Participant for every full 1 zloty spent on purchasing Products at retail prices in the www.mokosh.pl shop, rounded down and excluding delivery costs or purchases made as a result of actions specified in these Terms and Conditions.

4.5. The Organiser may award the Participant additional Points:

a) as part of a Special Action run by the Organiser, e.g. completing a quiz, sharing a post on social media, etc. The number of Points awarded to the Participant for a Special Action, as well as the detailed conditions the Participant must meet, will be specified in the description of the Special Action published by the Organiser on the Organiser's website or through electronic means of communication.

b) as part of other promotional actions of the Organiser, in accordance with the detailed promotion conditions published on the Organiser's website or through electronic means of communication.

4.6. Points are awarded in the amount of 20 Points for the Participant writing a positive review on the page of a Product purchased by the Participant in the Online Shop, containing a minimum of 100 characters. Points will not be awarded if Reviews are published that do not contain a substantive assessment of the Product, if words generally considered to be swearing or offensive are used in the Review, or if the names of competing companies are used in the Review. A Participant may receive Points for one Review published for a purchased Product; they may publish Reviews for which they receive Points for different purchased Products. Points will be credited to the Participant's Account upon acceptance of the Review by the Organiser, after verification that the Participant has met the conditions described in this point, including verification that the purchase of the reviewed Product was made.

4.7. Points are awarded for referring purchases in the www.mokosh.pl shop, in the amount of 30 Points for the Participant who recommends registration in the mokosh.pl shop. The Referring Participant will receive the points at the moment the person who received the recommendation makes a paid purchase of the Organiser's Products in the www.mokosh.pl shop and, when registering the account, has provided the e-mail address of the referring Participant that appears in the Loyalty Programme.

4.8. Points are awarded in the amount of 100 Points on the birthday of the Loyalty Programme Participant. The Participant can provide their date of birth at the time of registration or add it in the “Edit profile” section

4.9. Points are awarded in the amount of 50 Points when the Participant signs up for the Organiser's newsletter.

4.10. Points are awarded in the amount of 15 Points for returning each packaging – jar after using the Product, if the Participant returns the packaging to the Organiser at their own expense, to the address: Firma Mokosh – online shop (as contact entity), ul. Trenów 53, 05-080 Laski, +48 798 148 264, sklep@mokosh.pl, together with providing the Participant's e-mail address that appears in the Loyalty Programme.

4.11. The Customer receives the Points due for the purchase of a Product under point 4.2. above of these Terms and Conditions, or for meeting other conditions for awarding Points described in the Terms and Conditions, within 30 days from the date of purchase or of meeting the condition.

4.12. The Organiser will award Points under the Special Actions indicated in points 4.5. – 4.9. of the Terms and Conditions within 45 days from the date of completing the action.

4.13. The Points collected by the Participant will be visible in the Programme Participant Account panel, after logging in to the Customer Account.

4.14. Points will be deducted from the Programme Participant Account by the Organiser if the Participant returns, where a return is permitted, purchased Products included in the Programme for which Points were awarded, and receives a refund of the value of these Products. This provision applies accordingly in the case of a reduction in the price of Products.

4.15. The Participant has the right to submit a complaint in the event of Points not being credited or being incorrectly calculated by the Organiser.

5. USE OF POINTS

5.1. A Customer who is a Participant in the Loyalty Programme may use the awarded Points for a specific discount on Products available in the Catalogue published on the website www.mokosh.pl.

5.2. Points can only be exchanged when making purchases with a minimum value of 85 zł. During one Points exchange (one purchase), a discount can be obtained for a maximum of two (2) Products.

5.3. The number of Points needed to exchange for a specific discount on the Products mentioned in point 5.1. is shown in the Catalogue on the website www.mokosh.pl, as well as in the Customer Account panel.

5.4. The Customer may use the awarded Points within 1 year from the date they were assigned to the Programme Participant Account. After 1 year has passed, Points that have not been exchanged in accordance with these Terms and Conditions expire and will be deducted from the Programme Participant Account.

5.5. Points exchange will be inactive during special offers and promotions. Points will be calculated during special offers, in accordance with the value of the purchases made.

5.6. The Customer bears the delivery costs of the Product ordered with the discount obtained from Points.

5.7. The Loyalty Programme can be combined with promotions, seasonal discounts and other partnership programmes, unless otherwise indicated in the conditions of those promotions, discounts or programmes.

5.8. The Customer is not entitled to a cash equivalent for collected Points, and the collected Points entitle the Customer, as a participant in the Loyalty Programme, only to exchange them for a specific discount on a Product according to the rules set out in these Terms and Conditions, unless otherwise specified in a Special Action.

5.9. The Customer may not transfer to third parties the rights arising from participation in the Loyalty Programme.

6. SPECIAL ACTIONS

6.1. A Participant in the Loyalty Programme may join Special Actions. Special Actions may result in additional benefits for the Participant, e.g. gifts, additional Points or additional discounts.

6.2. The Organiser may prepare other promotions and special offers for Participants in the Loyalty Programme. From the day of joining the Programme, the Organiser may direct to Programme Participants promotions and other special offers, consisting in particular of the possibility of using Points or receiving gifts or additional discounts, under the conditions set out in the marketing materials on the Organiser's website or through electronic means of communication.

6.3. Depending on the consents given by the Participant, the Participant may receive information about the Loyalty Programme, Special Actions and current promotional actions in the mokosh.pl shop by e-mail or SMS. Consent to communication is voluntary and is not a condition of participation in the Loyalty Programme.

7. PERSONAL DATA

7.1. The Organiser is the Controller of the personal data of Loyalty Programme Participants.

7.2. The personal data of Loyalty Programme Participants will be processed for the purpose of providing the Participant with services related to the administration of the Loyalty Programme, and where the Customer has given the relevant consent – also for the purpose of sending commercial information to the Customer using electronic means of communication.

7.3. Personal data is processed on the basis of the Participant's consent, as well as in cases where legal provisions impose an obligation to process this personal data or where such processing is necessary for the conclusion and performance of a contract to which the Participant is a party.

7.4. The detailed conditions for processing the Participant's personal data and the GDPR information clause are contained in the Organiser's Privacy Policy, published on the website www.mokosh.pl .

8. WITHDRAWAL FROM THE LOYALTY PROGRAMME

8.1. The Participant has the right to withdraw from participation in the Loyalty Programme at any time and without giving any reason. If the Participant withdraws from participation in the Loyalty Programme, the Organiser deactivates the Programme Participant Account and the Customer Account, and the Points collected in the Programme Participant Account will be cancelled.

8.2. If the Participant deletes the Customer Account in the Online Shop, the Programme Participant Account is deleted and the Points collected in the Programme Participant Account will be cancelled.

8.3. To exercise the right to withdraw from the Loyalty Programme, the Participant must notify the Online Shop of their decision with a clear statement sent by e-mail to: sklep@mokosh.pl or by deleting the Customer Account.

9. COMPLAINTS PROCEDURE

9.1. The Customer may submit complaints regarding participation in the Loyalty Programme to the Organiser, for example in writing to the Organiser's address indicated at the beginning of these Terms and Conditions or by e-mail to: sklep@mokosh.pl. The response to the complaint is given in writing or by e-mail, depending on the Participant's choice.

9.2. The Organiser will respond to the complaint without delay, no later than within 14 days from the date the complaint is submitted.

9.3. The Customer may notify the Organiser of any irregularities or interruptions in the functioning of the Loyalty Programme service at: sklep@mokosh.pl.

10. FINAL PROVISIONS

10.1. The law applicable to the Loyalty Programme is Polish law.

10.2. The Organiser may make changes to the Terms and Conditions for important reasons, for example due to a change in legal provisions to the extent that these changes affect the application of the provisions of the Terms and Conditions, or changes to the functions of the Programme, or organisational changes on the part of the Organiser.

10.3. The Organiser will notify Customers of changes to the Terms and Conditions by sending electronically a message to the Customer's e-mail address provided in the registration form, as well as on the Organiser's website: www.mokosh.pl, no later than 30 days before the date the changes take effect. A change to the Terms and Conditions does not affect sales contracts already concluded, Points already awarded and discounts on Products exchanged for Points.

10.4. The Customer may end participation in the Loyalty Programme within 14 days from the day of proper notification of the changes.

10.5. Matters not regulated in these Terms and Conditions are governed by the provisions of the Online Shop Terms and Conditions, which is available on the website www.mokosh.pl, as well as the provisions of the Civil Code and other relevant provisions of applicable Polish law.