MOLACZKA

ONLINE SHOP
TERMS AND CONDITIONS

Sale of handmade goods as an unregistered business activity

Shop brand	Molaczka
Document version	1.2
Legal status as of	11 October 2026

Terms and Conditions of the Molaczka online shop

These Terms and Conditions set out the rules for using the Molaczka online shop, placing and fulfilling orders, delivering Products, exercising the right of withdrawal and filing complaints.

IMPORTANT: The Seller conducts an unregistered business activity pursuant to Art. 5 of the Polish Act of 6 March 2018 – Entrepreneurs' Law. The absence of an entry in CEIDG (the Polish Central Register and Information on Economic Activity) does not limit the Consumer's statutory rights.

§ 1. Definitions

Price – the total price of a Product stated in the Shop, including applicable taxes; delivery costs are shown separately before the Order is placed.

Working Days – Monday to Friday, excluding public holidays in Poland.

Customer – a natural person, legal person or organisational unit placing an Order in the Shop.

Consumer – a natural person entering into a legal transaction with the Seller that is not directly related to their business or professional activity.

Entrepreneur with consumer rights – a natural person concluding a contract directly related to their business activity, where the content of the contract shows that it is not of a professional nature for that person. The rights granted to such a person apply to the extent provided by law.

Product – a movable item offered in the Shop, in particular handmade goods made by hand by the Seller.

Personalised Product – a non-prefabricated Product made to the Customer's individual specifications or to meet their individual needs, e.g. with a name, dedication, individual dimensions, colour combination or pattern agreed with the Customer.

Terms and Conditions – these terms and conditions of the Molaczka.com online shop

Shop – www.molaczka.com

Seller – the person identified in § 2, selling under the Molaczka brand as an unregistered business activity.

Sales Contract – a distance contract for the sale of a Product concluded between the Seller and the Customer via the Shop.

Order – the Customer's declaration aimed directly at concluding a Sales Contract, submitted using the order form in the Shop.

§ 2. Seller details and contact

Brand name	Molaczka
Full name	Iwona Molak
Business / correspondence address	ul. Traugutta 14, 59-700 Bolesławiec, Poland
Address for returns and complaints	ul. Traugutta 14, 59-700 Bolesławiec, Poland
Email	bok@molaczka.com
Phone	+48 608 022 811

The Seller is a natural person conducting an unregistered business activity within the meaning of Art. 5 of the Polish Entrepreneurs' Law and is not entered in CEIDG. If the Seller's status changes, the Shop's details will be updated accordingly; a change of status does not affect rights arising from contracts concluded previously.

The Customer may contact the Seller regarding Orders, returns and complaints by email, phone or post using the details given above.

§ 3. Rules for using the Shop

To use the Shop, you need: a device with Internet access, an up-to-date web browser, an active email address and – for electronic payments – access to the chosen payment method.

The Customer should use the Shop in accordance with the law, good practice and these Terms and Conditions. Providing content that is unlawful, infringes the rights of third parties or disrupts the operation of the Shop is prohibited.

Browsing the range is free of charge. Concluding a Sales Contract does not require creating an account, unless the Shop expressly offers an optional account feature.

The Seller takes appropriate measures to ensure the Shop functions properly. Planned technical maintenance, where necessary, will be announced in advance whenever possible. This provision does not limit the Seller's liability under mandatory provisions of law.

§ 4. Handmade Products

Molaczka Products are made by hand with attention to detail. Due to the nature of handmade work, individual pieces may differ slightly from one another, in particular in pattern layout, shade, texture or the arrangement of elements. Acceptable, typical variations are stated in the Product description and may not affect the agreed characteristics or the Product's conformity with the Sales Contract.

Product photos are intended to show the Products' appearance as faithfully as possible. How colours are displayed may depend on the Customer's screen settings. This does not exclude the Seller's liability if the delivered Product does not conform to the description or the agreed specification.

The Product description includes its main characteristics, materials, dimensions or permissible dimensional tolerance, instructions for use and care, safety information and fulfilment time – as appropriate to the type of Product.

RIGHT OF RETURN: The mere fact that a Product is handmade, or that work on it began after the Order was placed, does not deprive the Consumer of the right of withdrawal. The only exception concerns Products that are genuinely personalised or made to individual specifications, in accordance with § 10.

§ 5. Prices, promotions and payments

Prices are given in Polish złoty (PLN) and are the final prices payable by the Customer. Before placing an Order, the Customer is informed of the total Price of the Products, delivery costs and all other charges due.

The Seller may change Prices, run promotions and grant discounts. Such changes do not affect Orders already accepted for fulfilment.

When announcing a Price reduction, the Seller also states the lowest Price applied in the 30 days before the reduction, or – if the Product has been on offer for less than 30 days – the lowest Price since it was first offered, in accordance with applicable law.

The available payment methods are shown in the Shop before the Order is placed. The Shop supports the following methods:

Standard bank transfer – to the Seller's bank account, the number of which the Customer receives on the Order summary page and in the Order confirmation email. The Customer should make payment within 3 Working Days of placing the Order, quoting the Order number in the transfer reference. Fulfilment of the Order begins once the payment has been credited to the Seller's account.
Cash on local pickup – payment in cash when collecting the Product, available only when local pickup is selected.
The Shop does not currently support electronic payments via a payment provider (e.g. BLIK, payment card, instant online transfer) or cash on delivery for courier shipments.

The Customer does not bear fees for the chosen payment method exceeding the costs incurred by the Seller in handling it. Any such costs are shown before the Order is placed.

§ 6. Placing Orders and conclusion of the contract

The Customer selects a Product, specifies the available variants or personalisation details, adds the Product to the cart and completes the order form.
Before placing the Order, the Customer can check and correct their details and review the total amount payable, the Terms and Conditions and the information on the right of withdrawal.
The Order is placed by clicking the button labelled “Order with obligation to pay” or another unambiguous wording indicating an obligation to pay.
Placing an Order constitutes an offer to conclude a Sales Contract. The automatic message confirming receipt of the Order merely confirms that it has reached the Shop and does not yet constitute acceptance of the offer, unless it expressly states otherwise.
The Sales Contract is concluded when the Customer receives the message “Order accepted for fulfilment” or a message to equivalent effect. For prepayment, the Seller may send this message once the payment has been credited or authorised.
Confirmation of the Sales Contract, the Terms and Conditions and the required information are provided to the Customer on a durable medium, in particular by email or as a PDF attachment, no later than upon delivery of the Product.

If the Order cannot be fulfilled, the Seller promptly informs the Customer and does not accept the offer. If payment has already been collected, it is refunded without delay using the same payment method, unless the Customer expressly agrees to another free-of-charge refund method.

§ 7. Personalisation and design approval

If a Product is to be made to individual specifications, the Customer provides the information needed to make it in the Order form. The Customer is responsible for the accuracy of the details provided, in particular the spelling of names, dates, the wording of dedications and dimensions.

If the Product description provides for design approval, the Seller sends a visualisation or description for approval. The fulfilment period begins or continues from the date of approval – in accordance with the information given for the Product.

Before approval, the Customer may request corrections to the extent specified in the Product description. Changes going beyond the original Order may require a new Price and fulfilment date to be agreed. A change becomes effective once expressly agreed by both parties.

The Seller may refuse to include content that is unlawful, discriminatory or infringes personal rights, copyright or other third-party rights. In such a case, the parties may agree on a change of content; if they cannot reach agreement, the Order will not be accepted or the Sales Contract may be terminated on grounds provided by law, and any payment received will be refunded.

§ 7a. Individual orders (“Made-to-order pieces” form)

Using the form on the “Made-to-order pieces” page, the Customer may enquire about having a Product made to their own specifications (design, colours, size, personalisation). Submitting the form is an enquiry; it does not constitute placing an Order and creates no obligation to pay.
In response to the enquiry, the Seller emails the Customer an offer containing a description of the Product, the Price, the delivery cost and the completion date, together with a link to the payment page in the Shop.
The Customer accepts the offer by confirming the Order on the Shop's payment page using a button indicating an obligation to pay, having read the Terms and Conditions. At that moment, the Sales Contract is concluded. Work on the Product begins once the payment has been credited.
The completion period stated in the offer runs from the date the payment is credited. Indicative periods given in the Shop and in the form (e.g. up to 2 or up to 4 weeks) are for information only; the period stated in the offer is binding. Delivery time must be added to the completion period.
If it proves impossible to meet the completion date, the Seller promptly informs the Customer and proposes a new date. If the Customer does not accept it, they may withdraw from the Sales Contract, and the Seller refunds the entire payment received, irrespective of the Consumer's statutory rights.
Products made to the Customer's specifications are subject to § 10 (exclusion of the right of withdrawal) and § 4 (characteristics of handmade Products). This does not limit the Customer's rights in respect of the Product's non-conformity with the contract referred to in § 11.

§ 8. Fulfilment time and delivery

Every Product is made by hand. The expected time to prepare a Product for shipping is stated on its page and constitutes the agreed fulfilment time for the Order. The delivery time indicated for the chosen method must be added to the fulfilment time.

If an Order includes Products with different fulfilment times, the longest of those times applies, unless the Shop allows and the Customer chooses separate shipping.

The fulfilment period runs from the conclusion of the Sales Contract and – where applicable – from receipt of payment, the complete personalisation details or design approval, in accordance with the information shown for the Product and in the Order summary.

Delivery is made within the territory of Poland, using the methods shown in the cart, in particular: courier, parcel locker, local pickup.

The cost, availability and estimated delivery time are stated before the Order is placed. The Seller is liable to the Consumer for the shipment until it is handed over to the Consumer or a third party designated by them, unless the Consumer independently chose a carrier not offered by the Seller.

On noticing damage to the shipment, the Customer may draw up a damage report with the carrier and take photos. The absence of a report does not deprive the Consumer of the right to file a complaint.

§ 9. Right of withdrawal

Subject to the exceptions described in § 10, a Consumer or an Entrepreneur with consumer rights may withdraw from a distance Sales Contract within 14 days without giving any reason.

The period begins when the entitled Customer, or a third party other than the carrier designated by them, takes possession of the Product, and – in the case of a single contract covering several Products delivered separately – when they take possession of the last Product, batch or part.

To meet the deadline, it is sufficient to send an unequivocal statement to the Seller's email or postal address given in § 2 before the period expires. You may use the form in Annex No. 1, but this is not mandatory.

The Customer returns the Product without undue delay, and no later than 14 days from the date of informing the Seller of the withdrawal. The Customer bears the direct cost of the return, unless the Seller has agreed to bear it or failed to inform the Customer of this obligation.

The Seller refunds all payments received, including the cost of the cheapest standard delivery method offered in the Shop, without undue delay and no later than 14 days from receipt of the statement of withdrawal. The Seller may withhold the refund until the Product has been received or proof of its return has been provided, whichever occurs first.

The refund is made using the same method used for payment, unless the Customer expressly agrees to another method that involves no costs for them.

The Customer is liable for any diminished value of the Product resulting from handling it beyond what is necessary to establish its nature, characteristics and functioning.

§ 10. Exclusion of the right of withdrawal – Personalised Products

The right of withdrawal does not apply to a Sales Contract for a non-prefabricated Product made to the Customer's specifications or serving to meet their individual needs.

The exclusion may apply in particular to Products made with an individual name, dedication, date, non-standard dimensions, a unique combination of elements or a pattern agreed exclusively for a given Customer – where, given the nature of the Product, its resale is substantially hindered or impossible.

Information that the right of withdrawal does not apply is provided before the Order is placed, on the page of the specific Product and in the Order summary. If a Product is merely handmade after the Order is placed, but in a standard variant from the range, this alone does not exclude the right of withdrawal.

NOTE: The exclusion of the right of withdrawal does not exclude the right to file a complaint. A Personalised Product must still conform to the Sales Contract and the approved specification.

§ 11. Complaints and conformity of the Product with the contract

The Seller is liable to the Consumer and to an Entrepreneur with consumer rights for any lack of conformity of the Product with the Sales Contract that exists at the time of delivery and becomes apparent within two years of that time, under the rules set out in the Polish Consumer Rights Act.

If the Product does not conform to the contract, the entitled Customer may request repair or replacement. In cases specified by law, they may declare a Price reduction or withdraw from the Sales Contract, in particular where the Seller has refused to bring the Product into conformity, has not done so properly, the lack of conformity persists or is significant, or the circumstances show that the Product will not be brought into conformity within a reasonable time or without undue inconvenience.

A complaint may be submitted by email or post using the details given in § 2. To speed up processing, it is helpful to provide: full name, Order number, a description of the problem and the date it was noticed, the request, and contact details. You may use the form in Annex No. 2, but this is not mandatory.

The Seller responds to a Consumer's complaint within 14 days of receiving it, on paper or another durable medium. Failure to respond within this period means the complaint is accepted, where applicable law provides for such an effect.

Repair or replacement is carried out within a reasonable time and without undue inconvenience to the Customer, taking into account the handmade nature of the Product. The Seller bears the costs of repair, replacement, collection and redelivery of a non-conforming Product.

In relation to a Customer who is neither a Consumer nor an Entrepreneur with consumer rights, the Seller's liability under the statutory warranty (rękojmia) pursuant to the Polish Civil Code is excluded.

§ 12. Product safety

As the maker of the handmade goods, the Seller ensures the safety of the Products and provides, in the offer and with the Product, the information required for its identification and safe use, including – where necessary – warnings, instructions, material composition, care recommendations and age restrictions.

The Customer should use the Product in accordance with its intended purpose, description, instructions and warnings. If the Customer notices a risk associated with the Product, they may promptly notify the Seller using the details in § 2.

§ 13. Electronic services and technical complaints

The Seller provides the order form and cart service electronically and free of charge for the time needed to place an Order. If the Shop provides a Customer account, newsletter, contact form or review system, the rules for these services should be described in the Shop or in separate terms.

The agreement for use of the order form and cart is concluded when the Customer begins using the relevant function and ends when the Order is placed or the Customer stops using it earlier.

Complaints about the operation of the Shop can be sent to the Seller's email address. The report should describe the problem, the date it occurred, the device or browser used (if relevant) and details enabling a reply. The Seller handles the complaint without undue delay and no later than within 14 days.

§ 14. Product reviews

The Shop publishes only reviews linked to a genuine Order, submitted by the Customer via a personal link sent by email after the Order is fulfilled, or from the Account of a Customer who purchased the Product.

The Seller does not publish, or commission the publication of, fake reviews. Reviews may be moderated only according to clear, equal criteria – e.g. to remove content that is unlawful, vulgar, unrelated to the Product, contains third parties' personal data, or is spam.

§ 15. Personal data

The controller of Customers' personal data is the Seller identified in § 2. Data is processed in particular to handle Orders, perform the Sales Contract, manage accounts, handle complaints, returns and communication with the Customer, and to fulfil legal obligations and pursue or defend claims.

Detailed information required by the GDPR, including legal bases, retention periods, data recipients, data subjects' rights and information about cookies and third-party tools, is contained in the separate Privacy Policy available at molaczka.com/polityka-prywatnosci.

§ 16. Out-of-court dispute resolution

Once the complaints procedure has been exhausted, the Consumer may use out-of-court complaint and redress procedures, in particular by contacting the competent regional Trade Inspection office (Inspekcja Handlowa), a permanent consumer arbitration court, a municipal or district consumer ombudsman, or by consulting the information available at https://polubowne.uokik.gov.pl.

Participation in out-of-court proceedings is voluntary. The Seller agrees to take part in proceedings before the competent entity authorised to resolve consumer disputes out of court.

§ 17. Final provisions

Contracts concluded via the Shop are governed by Polish law, without prejudice to mandatory consumer protection provisions that may apply by virtue of the Consumer's habitual residence.

These Terms and Conditions are made available free of charge in a way that allows them to be obtained, reproduced and stored. The Customer receives their content on a durable medium in connection with the conclusion of the Sales Contract.

The Seller may amend these Terms and Conditions for important reasons, in particular changes in legislation, the Seller's details, payment or delivery methods, Shop functionality or product range. Orders placed before the changes take effect are governed by the Terms and Conditions in force when the Sales Contract was concluded.

Amendments to the Terms and Conditions are published in the Shop together with their effective date. Amendments do not affect Customers' acquired rights.

Matters not covered here are governed by the relevant provisions of law, in particular the Polish Civil Code, the Consumer Rights Act, the Act on Providing Services by Electronic Means, the Act on Information on Prices of Goods and Services, and regulations on personal data protection and product safety.

Version 1.2 of these Terms and Conditions takes effect on 11 October 2026 (version 1.1 applied from 7 October 2026, and version 1.0 from 22 September 2026). Orders placed before that date are governed by the version of the Terms and Conditions in force when they were placed.

Annex No. 1 – withdrawal form

Iwona Molak, ul. Traugutta 14, 59-700 Bolesławiec, Poland, tel. + 48 608 022 811, bok@molaczka.com

I/We hereby give notice that I/we withdraw from the contract of sale of the following Product(s):

……………………………………………………………………………………………………………………………………………………

Order number: ……………………………………………………………………………………………………………………..

Date of contract / date of receipt of Product: ………………………………………………………………………………………

Consumer's full name: …………………………………………………………………………………………………………

Consumer's address: ……………………………………………………………………………………………………………………….

Account number for refund (only if a refund by bank transfer has been agreed):

……………………………………………………………………………………………………………………………………………………

Date: ……………………………………… Signature (paper form only): …………………………………………….

Annex No. 2 – optional complaint form

(use of this form is not mandatory)

Full name: …………………………………………………………………………………………………………………………….

Email address / phone: …………………………………………………………………………………………………………………..

Order number: ……………………………………………………………………………………………………………………..

Product concerned: ………………………………………………………………………………………………………………….

Description of the lack of conformity and the date it was noticed:

……………………………………………………………………………………………………………………………………………………

Request (e.g. repair, replacement, price reduction, withdrawal – where the conditions are met):

…………………………………………………………………………………………………………………………………………………..

Preferred method of reply: …………………………………………………………………………………………………..

Date and signature (if the form is on paper): ……………………………………………………………………………….