Terms and Conditions

Distributor Cooperation Terms and Conditions (DCT)

MM Space Małgorzata Zarudzka-Korgul, Janusz Malinowski spółka cywilna
Fortuny 31A, 01-339 Warsaw, Poland

I. DISTRIBUTOR INFORMATION

Company Name: MM Space Małgorzata Zarudzka-Korgul, Janusz Malinowski spółka cywilna
Headquarters: Fortuny 31A, 01-339 Warsaw, Poland
Company ID: Regon: 524630014, VAT: 5223251948
Sales Platform/website: mmspace.eu
Email Address: hellommspace@gmail.com

II. GENERAL PROVISIONS

MM Space Małgorzata Zarudzka-Korgul, Janusz Malinowski spółka cywilna is the owner of the www.mmspace.eu website.
These DCT specify the type and scope of services provided by the Distributor, the technical conditions for the provision of electronic services via the website www.mmspace.eu, the conditions for placing orders, terminating cooperation, and the complaints procedure.
Clients must read these DCT before placing an order via the website www.mmspace.eu.
By accessing the platform and using any part of the platform, clients agree to be bound by the following terms and conditions of DCT.
The website www.mmspace.eu is exclusively for wholesale clients, i.e., business entities involved in selling products for children and parents, preschools, cafés with play areas, children's therapy centers, and bookstores.
Due to the strategy and policy of Glo Pals and Petit Boum, products of these brands cannot be sold on marketplace platforms such as Allegro, Empik, or Amazon, or in discount or outlet stores.

III. DEFINITIONS
The following terms used in the DCT are defined as:

Internet Authorization – the Distributor’s consent to establish business relations with the Client, granted or withdrawn via email. Internet Authorization applies solely to the online store specified in the Internet Authorization dedicated to children's products.
Special Authorization – the Distributor's consent to the Client offering products on websites other than those specified in the Internet Authorization or on auction sites, group buying sites, or other sales platforms.
Price List – a list of products with corresponding prices.
Order – an instruction or action made by the User through the Online Service within the scope of available services.
Client – a person or a legal person who is a contractor of the Distributor (with a wholesale status granted by the Distributor) for services provided by the Distributor, reselling products to the final customers.
Services – services provided by the Distributor, as mentioned in Chapter IV of the DCT.
Distributor – MM Space Małgorzata Zarudzka-Korgul, Janusz Malinowski (MM Space) spółka cywilna, headquarter at Fortuny 31A, 01-339 Warsaw, Poland.
Online Service – a system of web pages provided on a server under the address www.mmspace.eu, consisting of static and dynamic documents, graphic files, scripts, and other elements, enabling clients to use the Distributor’s IT mechanisms, information, and conduct business operations with the Distributor over the internet.
Electronic Service Provision – the sending and receiving of data through IT systems, at the Client's request, without the simultaneous presence of both parties.
User – anyone legally capable of using the Online Service and granted access to the system by the Distributor, being a potential Client of the Distributor.
Login – an identifier assigned to the User during registration in the Online Service.
Password – a sequence of characters chosen by the User to authenticate them, providing authorized access to the services within the Online Service when used with the Login.
Account – a part of the Online Service, accessible only to the User via Password and Login.
Registration – the submission of necessary data for service execution, either through the www.mmspace.eu website or via email.
Mandatory Fields – fields marked with a “*” symbol in the electronic form provided by the Online Service.
Account Creation in the Online Service – the input of personal and contact details by the User during registration in the system. The Distributor confirms the creation of the account via email to the User’s provided address.
Contact Email – the email address provided by the User to which information is sent as per the User's instructions.
Product(s) – products for infants and children, offered for sale by the Distributor under these DCT (a product list is available on the Online Service at www.mmspace.eu).
Confirmation – confirmation of receipt of the order and the commencement of its processing.
Order – an instruction submitted to the Distributor by the Client for the purchase of product(s).
Manufacturer – a legal person or a company producing products under their own name or trademark, offered by the Distributor.
Discount Group – a percentage-based discount given to the Client by the Distributor (applicable for the Client with granted wholesale status). The Discount Group is defined and assigned by the Distributor and may be subject to change.

IV. SERVICES

The Distributor provides services related to the sale of products listed and available on the Online Service at www.mmspace.eu.
The Distributor is obliged to act on behalf of the Manufacturer within the territory of Poland and Slovakia and Czech Rep. (Glo Pals, Oh Flossy and ChildGen) and of Poland and Slovakia (Petit Boum). The Distributor is responsible for maintaining the image of the brands it represents, as well as the products listed on the www.mmspace.eu website.
Services provided electronically include:

a) Providing information about the products offered on the Online Service.
b) Offering an application necessary for placing orders.
During the use of electronic services, the User may at any time:

a) Download and review the DCT, on the basis of which orders are placed.
b) Place an order.
c) Change the password and contact email address.
A change in the User's contact email address is made upon written request from the User to update personal data, sent to the Distributor's email address, or through an instruction issued via the Online Service.
The User acknowledges that three consecutive incorrect password entries will result in an automatic lockout of access to the Online Service.
The User bears full responsibility for using and securely storing their Login and Password, especially ensuring that they are not disclosed to third parties.
Any actions performed using the Login and Password are considered to have been performed by the User.
The condition for placing orders by the Client is the completion of Registration in the Online Service, filling in the Mandatory Fields, and receiving approval of wholesale status granted by the Distributor.
The Distributor grants wholesale status to selected Clients. The Distributor reserves the right to refuse, revoke, or amend wholesale status, particularly if the Client’s actions harm the brand’s image, violate business principles set by the Manufacturer and accepted by the Distributor, or in cases such as payment delays or inactivity on the www.mmspace.eu Online Service for a period of 3 months.
Receiving wholesale status includes the assignment of a Discount Group defined by the Distributor. The Discount Group may be updated by the Distributor.

V. ORDERS

The sales contract is concluded by the Client by placing an order electronically through the “5 Steps” procedure, i.e.:

Step 1 – Order Information – the Client provides billing details and the shipping address for the ordered product(s).
Step 2 – Product Selection for Cart – the Online Service presents available products, and the Client selects product(s).
Step 3 – Summary – the Client receives a summary of the selected products and pricing information.
Step 4 – Confirmation – the Distributor accepts the order for processing.
Step 5 – Execution – the order is processed.
If the Client intends to offer the products on platforms other than those specified in the Internet Authorization (such as other websites, auction sites, group buying platforms, or other sales platforms), the Client must obtain Special Authorization for such activity.
Internet Authorization is granted at the beginning of the cooperation, while Special Authorization is issued during the cooperation. Internet Authorization and/or Special Authorization remain valid during the Distributor's cooperation with the Client. They can be revoked by the Distributor in cases such as:

a) change in the Distributor’s sales policy.
b) change in the Client’s sales policy, including changes in product presentation, store visual identity, etc.
c) violation of the DCT by the Client.
d) delays in payments by the Client for submitted orders.
Revocation of Internet Authorization is equivalent to terminating cooperation with the Client on all fronts, subject to point 6 below.
Revocation of Special Authorization ends the cooperation between the Distributor and the Client, unless the Distributor agrees to continue cooperation regarding the resale of products through the website specified in the Internet Authorization.
The Distributor is obliged to fulfill orders placed by the Client and accepted by the Distributor before the revocation of Internet Authorization or Special Authorization.
When placing an order, the Client may use the Online Service to:

a) Access and download the DCT.
b) Log in to the Online Service.
c) Change the password.
d) Modify the billing and shipping information for the ordered product(s).
e) Access order data within the Online Service.
An incomplete order will not be processed until the Client provides all the required information. The Client will be notified of any errors in the order via the email provided during the order submission.
An order is considered placed upon the Distributor’s confirmation.
The Distributor is obliged to ship the products within 3 days after receiving the bank transfer from the Client.
The Distributor reserves the right to cancel a prepayment order if the Client fails to make the prepayment within 3 working days of placing the order.
The Distributor is not required to reserve products for more than 3 working days.
Orders will be fulfilled through a carrier company to the address defined by the Client in the order:

a) For orders valued above 950 EUR net, the shipping costs will be covered by the Distributor.
b) For orders valued below 9500 EUR net, the Client will bear the shipping costs.
The shipping price is available on the platform.
Client may also select the self pick-up option from the Distributor's warehouse. The Distributor will inform the Customer once the order is ready to be collected (2-3 working days) and will provide the collection address (warehouse in Warsaw or in Rzozów).

VI. TECHNICAL REQUIREMENTS FOR SERVICE PROVISION

To properly use the services, the following minimum technical requirements must be met:

a) Browsers: MS Internet Explorer versions 8.x and 9.x, Chrome version 16.x, Firefox versions 3.x and 9.x, or Opera version 11.x.
The Distributor does not guarantee the proper functioning of the services if the minimum requirements outlined in point 1 are not met.

VII. CONDITIONS FOR COMMENCING AND TERMINATING COOPERATION

The Client/User accepts the DCT by:

a) Starting to use the services covered by the DCT.
b) Accepting the DCT while using the website www.mmspace.eu.
Registration of the Client/User on the www.mmspace.eu platform is voluntary.
The Distributor grants wholesale status to selected Clients. The Distributor reserves the right to refuse or revoke wholesale status or amend cooperation conditions, especially if the Client’s actions harm the brand's image or violate business principles established by the Manufacturer and accepted by the Distributor, as well as in cases of payment delays or inactivity on the www.mmspace.eu Online Service for 3 months.
The Distributor is not responsible for the incorrect submission of orders by the Client, including the provision of false or incomplete information.
Both the Distributor and the Client may terminate cooperation at any time without stating reasons, provided that any outstanding obligations related to orders placed before the termination of cooperation are fulfilled.

VIII. LIABILITY

The User/Client acknowledges that the use of electronic services for purposes contrary to the applicable laws or social norms, including sending illegal, offensive, false, or misleading content, or content containing viruses or likely to cause disruptions or damage to computer systems, is prohibited and may result in the immediate termination of electronic order services. The Distributor is not liable for any damage resulting from preventing access to the User's data.
In cases where the service requires the Client/User to provide specific information, the User/Client agrees to provide accurate, complete, and truthful data. Any consequences arising from the incorrect completion of the Online Service forms by the User/Client, especially regarding false or misleading data, are entirely the responsibility of the User/Client. The Distributor is also not liable to third parties whose data has been included in the Online Service without their knowledge and consent.
The Distributor is not liable for the unavailability of the Online Service due to circumstances beyond its control. The Distributor reserves the right to temporarily block access to the Online Service for security reasons or in cases of improper use, events that may harm the interests of the User/Client or the Distributor, for the time necessary to remove any existing threats or issues.
The Distributor assumes no liability for the User's use of the Online Service in violation of the DCT.
The User/Client bears full responsibility for actions performed within the Online Service that result in a declaration of intent, including placing orders. The Distributor reserves the right to refuse to execute actions requested by the User/Client if the circumstances raise doubts about their authenticity or compliance with the law.

IX. DATA PROTECTION

The User's/Client's data will be collected and processed exclusively for the purpose of issuing an invoice in connection with the order placed and for the fulfillment of the order.
The User/Client provides personal data voluntarily and retains the right to access and correct their data.
The personal data mentioned in point 1 includes, in particular:

a) The User's/Client's full name or company name and headquarters.
b) VAT ID number.
c) The User's/Client's email address.
d) The shipping address for the ordered product(s).
e) A contact phone number.
The Distributor has made every effort to ensure the security of the transmitted data.
The Distributor processes personal data provided by the User/Client solely for the purpose for which it was made available and is committed to maintaining its confidentiality and not disclosing it to third parties unless such disclosure is authorized by the User/Client or required by law.

X. INTELLECTUAL PROPERTY RIGHTS PROTECTION

As the Online Service contains content protected by intellectual property law, including trademarks and other intangible assets subject to copyright protection, the User/Client is obligated to comply with intellectual property law regulations.
The Distributor reserves the right to modify the content of the Online Service at any time.
The Client, during the resale of products, is obliged to present official photos and product descriptions to their contractors, as available on the Distributor's website www.mmspace.eu. The Distributor provides the Client with product photos and descriptions free of charge.

XI. COMPLAINT PROCEDURE

In matters concerning order fulfillment, i.e., determining quantitative or qualitative defects in the delivered products, the Client is entitled to submit a written complaint to the Distributor stating the reasons for the complaint.
The Distributor is obliged to consider the complaint within 14 days of receiving it.
In the event of defects in the delivered product(s), the Distributor is required to supplement/replace the product(s) within 14 days of the positive resolution of the complaint or issue a credit note for the defective product(s).
From the moment the product(s) are delivered to the Client, the Distributor is not responsible for any quantitative/qualitative defects in the delivered product(s) caused by improper handling by the Client (e.g., storage), particularly when contrary to the product manufacturer's instructions.

XII. PAYMENTS

The Client agrees to pay the Distributor for the orders in an amount including VAT via bank transfer to the account specified in the pro-forma invoice sent to the Client, within 3 days of the pro-forma invoice issuance date. The invoice is issued based on the Price List available on www.mmspace.eu, considering the wholesale discount defined by the Distributor;
Clients are required to pay via bank transfer in advance (prepayment).
The order is processed once the payment is settled by the Client and received by the Distributor.
The date of payment is considered the date the Distributor's account is credited.

XIII. FINAL PROVISIONS

The DCT may be amended by the Distributor at any time. Changes take effect upon the modified DCT being posted on the Online Service.
The Distributor will notify the Client of changes to the DCT via a newsletter or email sent to the email address provided during registration.
Placing orders after the modified DCT has been posted on the Online Service constitutes acceptance of the changes by the Client.
Any disputes arising from the cooperation between the Distributor and the Client will be resolved by the court with local jurisdiction over the Distributor.

The above DCT is effective from September 16, 2024.