Store regulations

SHROOM – TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

§ 1 Definitions

In these Terms and Conditions, capitalised terms mean: 

1. “Client” – a natural person or a legal person or an organisational unit without legal personality, to which special regulations grant legal capacity, who has concluded a contract with Shroom; 
2. “Consumer” – A customer who is a natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity;
3. “Account” – an individual panel of the Customer, maintained within the Store; 
4. “Store” – https://shop.shroom4you.com;
5. “Individual Entrepreneur” – a natural person conducting a sole proprietorship who enters into a contract directly related to his/her business, if it is clear from the content of this contract that it does not have a professional character for him/her, resulting from the subject of his/her business activity, made available under the provisions on CEIDG; 
6. “Goods” – products offered by the Seller through the Store, which may be the subject of a Sales Contract concluded with the Customer. 
7. “Sales Agreement” – Contract of sale concluded at a distance between the Customer and the Seller, which is governed by the Terms and Conditions; 
8. “Service” or “Services” – paid and unpaid services offered through the Store; 
9. “Seller” or “Shroom” – Shroom sp. z o.o. with its registered office in Olsztyn, 20b Towarowa Street, 10-417 Olsztyn, entered in the Register of Entrepreneurs kept by the District Court for Olsztyn in Olsztyn, VIII Commercial Department of the National Court Register under the number KRS 0000867640, NIP 7162830959, REGON 387403324, which is the owner of the Store;
10. “Subscription” – a type of Sales Agreement that enables the Customer to order regular, monthly deliveries of Goods and automatic payment within the time specified at the stage of concluding the Agreement or until the Subscription is canceled
11. “Terms and Conditions” – the contractual template for specific Services offered to Consumers and Individual Entrepreneurs, which must be accepted before ordering and using the Services. 

§ 2 General Provisions

1. The administration of personal data shall be based on generally applicable laws and the Privacy Policy available through the Store. 
2.  The Terms and Conditions are provided to the Customer before the conclusion of the contract and are made available to the Customer at any time upon request. The Customer may copy the text of the Terms and Conditions, save them or print them using his/her device.
3. The means of communication used to execute the contract shall be electronic mail [e-mail], unless the relevant provisions of the Terms and Conditions provide otherwise. 
4. The Customer may contact Shroom using the contact form available in the Store. For security reasons, Shroom reserves the right to carry out a procedure to verify the identity of the Customer. 
5. Shroom will contact the Customer using the e-mail address provided by the Customer when concluding this agreement, unless the relevant Regulations provide otherwise. 

§ 3 Minimum technical requirements

1. The following equipment is required to use the Services:

1. a PC, smartphone, tablet or other device with similar function;
2. an active Internet connection;
3. current version of the web browser Firefox, Chrome, Safari or Microsoft Edge;
4. Adobe Flash Player plug-in installed and JavaScript, frames and CSS styles enabled; 
5. an active phone number (in case of shipping); 
6. an active e-mail account. 
7. In order to use selected Services, it may be necessary to meet additional technical requirements and integration of the Service with elements of the Customer’s digital environment to ensure compatibility of the Service with the Customer’s hardware or software, of which the Customer is informed when placing an order or in the relevant Terms and Conditions. 

§ 4. Creation and maintenance of an Account; Newsletter

1. Registration of an Account in the Store is free of charge and consists of filling in a registration form.
2. During the registration process you must provide: name, surname, e-mail address and password, by which it will be possible to log into the Account.  
3. The Account may not be transferred to another person.
4. After completing the registration form, a message containing an Account activation link will be sent to the e-mail address provided during Registration. At the moment of clicking on the activation link, the contract for the provision of Account maintenance service is concluded.
5. The Account maintenance agreement is concluded for an indefinite period of time.
6. The User may cancel the Account maintenance service at any time by sending an e-mail to hii@shroom4you.com. Shroom shall delete the User’s account within 14 days of receipt of the message, which is equivalent to termination of the Account maintenance agreement. 
7. Shroom may terminate the Account maintenance agreement if the User violates common law or the provisions of the Terms of Service. Shroom may also delete the accounts of inactive Users, thereby terminating the Account maintenance agreement.
8. The deletion of an Account by Shroom may take place after Shroom sends a warning to the User in question about the possibility of termination of the Account within no less than 72 hours to the e-mail address provided by the User in the registration process. 
9. From the moment of creating an Account and accepting the Terms and Conditions, the User shall:
   1. act in accordance with the rules arising from the Regulations,
   2. comply with generally applicable laws,
   3. to maintain the secrecy of individual data enabling logging into his/her Account,
   4. to refrain from introducing to the Store unlawful content that violates the welfare of third parties and intellectual property rights.

10. The Store makes it possible to use the Newsletter service, which consists in sending commercial and promotional information to the Customer free of charge by electronic means. The customer joins the service at the moment of providing an e-mail address and expressing a desire to receive messages by checking the appropriate box. The Client may cancel the service at any time. 

§ 5 Conclusion of contract

1. The Customer may conclude a Sales Contract with Shroom through the Store 24 hours a day, all days of the week, while orders are processed on business days.  
2. To conclude a Contract of Sale and place an order, the Customer:
   1. Should read the description of the Goods or Services and their price, then clicks on the “add to cart” button;
   2. approves the Goods in the shopping cart, selects the method of payment, the country to which delivery takes place and the method of payment;
   3. provides the contact information necessary to complete the Sales Agreement or logs into his/her Account in the Store; 
   4. selects the method of payment; 
   5. confirms the conclusion of the Sales Agreement by selecting the “I order with obligation to pay” button. 
   6. should make payment within, at the latest, 7 days after receiving an e-mail confirming the order.
3. The minimum data set necessary for the delivery of the order are: name and surname, delivery address, city, postal code, telephone number, e-mail address and in the case of entrepreneurs or entities that are not natural persons also the data necessary for issuing an invoice, so NIP number (VAT EU), company name and legal seat. 
4. The Customer’s obligations under the contract of sale of goods shall be maintained until the Customer has paid the entire price for the goods and delivery.
5. If payment is not made within 7 days of receipt of an e-mail confirming the order, the Customer will be informed by e-mail or telephone of the need to make a payment and an additional time limit for performance. Failure to make the payment by the Customer, within the additional period, will result in cancellation of the order, of which the Customer will be informed by e-mail.
6. The information referred to in Article 12 (1) of the Act of May 30, 2014 on Consumer Rights shall be sent to the Customer at the email address used to place the order in a message confirming the placement and content of the order placed by the Customer.
7. Shroom shall have the right to cancel an order placed by a Customer who is not a Consumer (i.e. withdraw from the Sales Agreement within the meaning of Article 395 of the Civil Code) up to 7 days after placing an order in the Store. Withdrawal from the Sales Agreement in this case may take place without giving any reason, in particular, if the order indicates that the Goods are purchased for resale or the Customer raises a reasonable suspicion that he has obtained funds for the purchase of goods in an unlawful manner. Withdrawal does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

§ 6 Payment

1. The price for the Goods or provision of Services is indicated in the description of the Goods or Services. It is expressed in PLN, Euro or other FIAT currency and includes VAT.
2. Payment of the price for the provision of the Service shall be made before the due date indicated to the Customer. 
3. Shroom reserves the right to change the prices of Goods and Services, but such change shall not affect the prices of Goods and Services ordered before the change.
4. The available payment methods may vary depending on the Service or Goods ordered and the amount of the order. The Seller reserves the right to limit the use of selected payment methods due to the amount of the transaction for security reasons. 
5. Shroom offers the following payment methods fast online transfer via third party payment providers, credit card and Paypal. For each order, we reserve the right not to offer certain types of payment and to offer others. We only accept payments made from bank accounts held within the European Union (EU). 
6. Costs associated with the processing of transactions shall be borne by the Customer.
7. Payments should be made in PLN, Euro or other FIAT currency. Shroom shall not bear the risk of currency conversion and additional fees associated with the chosen form of payment. 
8. In the event that the Service involves the delivery of goods to a delivery point located outside the customs territory of the European Union, the Customer may have to pay other additional costs related to customs fees as defined by the regulations of the country concerned.
9. The Customer accepts that Shroom shall deliver invoices and receipts only by e-mail without the signature of the recipient. 
10. The date of payment shall be the date of receipt of funds into the account of the Seller.
    
    
    

§ 7 Subscription

1. Shroom enables the purchase of Goods in a subscription model, which involves the Customer receiving the ordered Goods at monthly intervals and automatic payment deductions from the Customer’s card.
2. Shipments to all customers are made on the 10th of the month, or on the next business day if the 10th of the month is a statutory holiday. This means that if you order a subscription, e.g. on March 11, the first package will be sent only on April 10.
3. Subscription service will collect an upfront payment for the goods shipped in a given month of subscription. The Customer may unsubscribe from the Subscription service at any time, but no later than 3 days before the planned shipment.
4. By concluding a Sales Agreement in the Subscription model with Shroom, the Customer agrees to the payment operator periodically collecting an amount of money corresponding to the value of the fee for the Goods. The fee will be charged by the Payment Operator once a month.
5. If there is no amount in the Customer’s bank account that would allow an automatic collection of payment for the shipment of the subscribed goods, Shroom will try to collect the payment twice and then notify the Customer about the termination of the Subscription agreement one day before the planned shipment.

§ 8 Delivery 

1. Delivery shall be made through an external delivery company.
2. Shroom is responsible for the goods until they are delivered to the Customer. 
3. Shroom is responsible for the delivery of goods without defects and in accordance with the contract.
4. The cost of delivery shall be added to the price of the goods at the time of order confirmation. The Customer has the right to verify the shipping cost. 
5. Shroom encourages the Customer to check the goods received in the presence of a representative of the delivery company, which will facilitate the potential complaint procedure. This provision does not in any way limit the Customer’s right to make a complaint, which can be made independently, without a representative of the delivery company and despite the absence of a protocol.
6. The Goods shall be delivered to the Customer immediately, within a maximum of 30 days from the date of receipt of the full price for the goods and shipping.
7. If the Goods are not delivered to the Customer within 30 days from the crediting of funds to Shroom’s account, the Customer shall have the right to withdraw from the contract or agree with Shroom on a new delivery date.
8. Due to national regulations of non-EU countries, there may be restrictions on the ability to ship certain categories of Goods to certain countries. Before making a purchase, make sure that shipment of the Goods is possible to your country or contact Shroom in this regard.
   

§ 9 Right of Consumers to withdraw from the contract

1. The Consumer and Individual Entrepreneur has the right to withdraw from the contract with Shroom without giving any reason within 14 days from the date of its conclusion. Where the contract involves the transfer of ownership of an item, the period referred to in the preceding sentence shall run from the moment of delivery of the item to the Consumer or other person designated by the Consumer or Individual Entrepreneur.
2. In order to withdraw from the contract, the Consumer or Individual Entrepreneur should make an appropriate statement to Shroom. The Consumer may use the template statement for this purpose: “Being aware of the consequences of withdrawal from the contract, I hereby declare that I withdraw from the contract with Shroom sp. z o.o. concluded on [date]”, but the use of the template statement is not mandatory.
3. The Seller shall, within 14 days of receipt of information about withdrawal from the contract, return the full price of the Goods, together with the price of delivery of the Goods to the Customer (except for costs resulting from the method of delivery chosen by the Customer other than the cheapest method of delivery offered in the Store).
4. The Customer shall bear the cost of returning the Goods to the Seller. For items that, due to their nature, cannot be returned by mail, the Consumer should contact Shroom to determine the cost of returning the Goods. 
5. The Seller shall refund the payment using the same method of payment used by the Consumer or any other method the parties have agreed on, provided that it does not involve additional costs for the Consumer.
6. The Consumer shall be liable for any diminution in the value of the goods resulting from their use beyond what is necessary to determine the nature, characteristics and functioning of the goods.
7. If the Consumer or Individual Entrepreneur withdraws from the contract, the contract shall be considered not concluded.
8. If the Consumer or Individual Entrepreneur has made a statement of withdrawal from the Sales Contract before the Seller has begun processing the order, the Contract shall cease to be binding and the Seller shall refund the fees incurred.
9. The right to withdraw from the contract shall not be granted to the Consumer and Individual Entrepreneur in the cases specified in detail in Article 38 (1) of the Act of May 30, 2014 on Consumer Rights, in particular:
   1. in which the subject of performance is a perishable or short-lived good;
   2. in which the subject of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
   3. in which the subject of performance are goods, which after delivery, due to their nature, are inseparably combined with other goods; 
   4. in which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery.

§ 10 Customer’s Obligations 

The Customer is obliged to: 

1. use the Store in accordance with its purpose and the Terms & Conditions;
2. comply with generally applicable laws when using the Services and the Store;
3. refrain from providing unlawful content;
4. refrain from activities that could adversely affect Shroom or Shroom’s information systems;
5.  make timely payments for the purchased Services and Goods;
6. provide true and correct personal information in order to place an order and use the Service;
7. to use a legal version of the software supported and authorized by the software manufacturer;
8. to cover any tax or customs fees related to the purchase of the Goods and their shipment outside the customs territory of the EU, resulting from the national legislation of countries not belonging to the customs territory of the European Union.

§ 11 Duties and responsibilities of the Seller 

1. Shroom is obliged to provide Services and deliver Goods in accordance with the contract and with due diligence. 
2. In case of non-compliance of the Goods with the contract, the Consumer and the Individual Entrepreneur shall have the rights set forth in Chapter 5A of the Act of May 30, 2014 on Consumer Rights, and in case of non-compliance of the Service with the contract – the rights set forth in Chapter 5B of the Act of May 30, 2014 on Consumer Rights.
3. In connection with the Services provided, Shroom shall not be liable for:
   1. permanent or temporary and unexpected failures of the Store caused by a hacking attack, fortuitous circumstances, natural disasters or force majeure;
   2. lost benefits of the Customer [the provision does not apply to a contract concluded with a Consumer or Individual Entrepreneur];
   3. consequences of improper use of the Service by the Customer or its representatives; 

§ 12 Liability and Complaints

1. Shroom, in accordance with applicable regulations, shall be liable to Consumers and Individual Entrepreneurs for physical or legal defects of the Goods purchased from the Store.
2. If the Goods are not in accordance with the contract, the Consumer or Individual Entrepreneur may demand their repair or replacement. Shroom may make a replacement when the Buyer demands a repair, or Shroom may make a repair when the Buyer demands a replacement, if bringing the Goods into compliance with the contract in the manner chosen by the Buyer is impossible or would require excessive costs for Shroom. If repair and replacement are impossible or would require excessive costs for Shroom, it may refuse to bring the Goods into compliance with the contract.
3. If the Goods are non-compliant with the contract, the Consumer or Individual Entrepreneur may submit a claim for price reduction or withdrawal from the contract in the cases specified in Article 43e paragraph 1 of the Law of May 30, 2014 on Consumer Rights and under the terms of this provision.
4. A complaint regarding non-performance or improper performance of the Service or defects in the Goods shall be made by sending an email and should include:
   1. The Customer’s contact information, enabling its identification and communication;
   2. information about the Service or Goods to which the complaint relates and the objections to the Service;
   3. a description of the circumstances justifying the complaint;
   4. the Customer’s demands related to the complaint. 
5. The Customer should send the advertised goods to the Seller, having previously agreed on the method of shipment to the address ul. T. Kościuszki 13A, 59-400 Jawor. The Customer shall not bear the costs associated with the transportation of the advertised goods.
6. A properly filed complaint will be considered within 14 days from the date of its receipt by Shroom (or within 14 days from the receipt of the Goods subject to the complaint). Shroom will respond to the complaint within the specified period, indicating whether it recognizes the complaint (and how it intends to implement it) or whether it does not recognize the complaint (along with the reasons for its position).
7. If within 14 days the Seller does not respond to the request of the Consumer or individual entrepreneur, it means that he recognized the request as justified.
8. The Seller reserves the right to extend the deadline referred to in paragraphs 6 and 7 above by 7 days in case of the need to explain additional circumstances, in particular related to services provided to Shroom by third parties [this provision does not apply to the contract concluded with the Consumer or Individual Entrepreneur].
9. The Seller shall immediately after considering the complaint, but no longer than within 14 days, perform an exchange of the product for a new one, repair the defect or refund the costs agreed with the Customer.
10. If the complaint is not accepted, the goods will be sent back to the Customer with the reasons for rejection of the complaint and information on a permanent media (e-mail or information sent by traditional mail) whether the Seller agrees to out-of-court dispute resolution. 

§ 13 Jurisdiction and dispute resolution

In matters not regulated by the Terms and Conditions, the laws of the Republic of Poland shall apply. In the case of Customers who are Consumers, the choice of law shall not deprive them of the protection afforded by the provisions that cannot be excluded by the contract under the law of the country in which the Consumer has his habitual residence.

The Consumer shall have the right to use out-of-court means of handling complaints and pursuing claims, including, but not limited to, the right to apply to a permanent amicable consumer court with a request to resolve a dispute arising from the concluded contract. 

In the event of disputes, Shroom suggests using amicable methods of resolving them, in particular through the platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL

detailed information on out-of-court means of redress is available on the website at https://uokik.gov.pl.

Shroom declares that it does not apply the code of good practices referred to in the Act of August 23, 2007 on counteracting unfair market practices. 

For the avoidance of doubt, it is assumed that the place of performance of the Service is the Republic of Poland [this provision does not apply to the contract concluded with the Consumer].

Any litigation shall be subject to the jurisdiction of the court having jurisdiction over Shroom [this provision does not apply to an agreement concluded with a Consumer or Individual Entrepreneur].

§ 14 Reporting the illegal content

Shroom opposes the dissemination of terrorist content in accordance with Regulation (EU) 2021/784 of the European Parliament and of the Council of April 29, 2021 on countering the dissemination of terrorist content on the Internet (EU 2021/784) and illegal content in accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act), as follows:

a.     reports of illegal content can be sent to Shroom via a dedicated form, which is available on the Shroom website;

b.     unless the report is made anonymously, Shroom will inform the reporting person by e-mail that it has received the report and how it will be investigated. Shroom will inform the Client of the receipt of a legitimate report;

c.      in order to ensure the security of the services provided, the process of identifying certain violations may use algorithmic decision-making, in particular to combat spamming, DDOS attacks or attacks on the Client’s application;

d.     Shroom has established a contact point for direct electronic communication with Clients, authorities of European Union member states, the European Commission and the Digital Services Board, and for the electronic receipt of removal orders and disclosure orders. The contact point can be reached by e-mail at hii@shroom4you.com. Clients may also use other means of communication, as indicated on the Shroom website;

e.      complaints about the actions taken in relation to illegal content may be filed under the terms set out in Terms and Conditions.

§ 15 Final Provisions

1. The Terms & Conditions shall come into force on 10.05.2024. 
2. In the event that any provision of the Terms and Conditions should prove invalid, ineffective, illegal or unenforceable in whole or in part, this circumstance shall not affect the validity of the remaining provisions of the Terms and Conditions.
3. Shroom reserves the right to amend the Terms and Conditions for important reasons [such as, but not limited to, changes in the law, changes in the Vendor’s business model, changes in the technical specifications for the provision of the Service, changes in the terms and conditions for the provision of services to Shroom by third parties that are necessary for the performance of services by Shroom, changes in the offer of services provided], after notifying the Customer by e-mail. Amendments to the provisions of the Terms and Conditions shall come into force on the date indicated in the e-mail, but not earlier than 14 days after informing the Customers by e-mail about the new provisions.
4. Change of the name of the Seller and changes resulting from changes in the law, which do not affect the nature, manner and quality of performance of services, do not constitute an amendment to the contract.