§ 1
General Provisions
1. The Terms and Conditions specify the rules for the provision of sales services through the Internet Shop operating under the domain www.miooudesign.com.
2. The owner and administrator of the shop is Katarzyna Galicka-Szer conducting business under the name of MIOOU Katarzyna Galicka-Szer, entered into the Central Registration and Information on Business (CEIDG) kept by the Ministry of Economy Development, using Tax number (NIP): 7261333431 and REGON: 383352251.
3. These Terms and Conditions are addressed both to the Consumers using the Shop and specify the principles of use of the Online Shop and the rules and procedure for the conclusion of Sales Agreements with the Consumer at a distance through the Shop.
§ 2
Definitions
1. Seller – a natural person conducting business activity under the name of MIOOU Katarzyna Galicka-Szer, registered in the Central Registration and Information on Business (CEIDG) kept by the Ministry of Economy Development, using Tax number (NIP): 7261333431 and REGON: 383352251,
2. Customer – a natural person who is at least 18 years old, concluding an agreement with the Seller as part of the Shop, the subject of which is not directly related to his business or professional activity.
3. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing on its own behalf the business activity that uses the Shop.
4. Consumer – a Customer or an Entrepreneur who has placed or intends to place an order or uses other services of the Online Shop.
5. Shop – Online Shop – an Internet service available at the address through which the Consumer can place Orders, as well as use the other services of the Shop.
6. Distance contract – an agreement concluded with the Consumer under an organized system of concluding distance contracts (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication specifying the type and number of Products being the subject of the Sales Agreement until the conclusion of the agreement.
7. Terms and Conditions – these Terms and Conditions of sale using means of distance communication and the provision of services by electronic means. In the field of services provided by electronic means, the Terms and Conditions are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means.
8. Order – a statement of the Consumer’s will made by means of the Order Form and aimed directly at concluding the Product or Products Sales Agreement at a distance through the Internet Shop specifying the type and number of Products being the subject of the Sales Agreement.
9. Order Form – an interactive form available in the Shop enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
10. Cart – an element of the Shop’s software, in which the Products to be purchased selected by the Consumer are visible, as well as it is possible to determine and modify the data of the Order, in particular the quantity of products.
11. Product – a movable item/service available in the Shop which is the subject of the Sales Agreement between the Consumer and the Seller.
12. Sales Agreement – Product Sales Agreement – oncluded or concluded between the Consumer and the Seller via the Online Shop. The Sales Agreement is also understood as – applying to the features of the Product – a service provision agreement. Placing an order in the On-line shop is an unequivocal acceptance of the Shop Terms and Conditions.
13. Bank Account – the Seller’s bank account maintained by mBank S.A.
§ 3
Contact with the Shop
1. Address of the Seller: ul. Ks. Bp. Wincentego Tymienieckiego 3, 90-365 Łódź, Poland
2. Seller’s e-mail address: mioou.design@miooudesign.com
3. Seller’s phone number: +48 666314181
4. Consumer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
5. Consumer may communicate by telephone with the Seller on working days between 9:00 a.m. and 5:00 p.m. CET (Central European Time).
6. Seller’s Bank Account number: PL21114020040000320278785259 maintained by mBank S.A.
§ 4
Technical Requirements
The use of the Shop, including browsing the Shop’s assortment and placing Orders for Products, is essential:
1. an end device with Internet access and a web browser such as Mozilla Firefox, Internet Edge, Google Chrome or any other similar device,
2. an active e-mail account (e-mail),
3. the cookies are enabled.
§ 5
General Information
1. The Seller, to the fullest extent permitted by law, is not responsible for any disruptions, including interruptions in the functioning of the Shop caused by force majeure, unauthorized third party action or incompatibility of the Online Shop with the technical infrastructure of the Consumer.
2. Browsing the Shop’s range of products does not require setting up an Account. Placing orders by the Consumer for Products in the assortment of the Shop is possible by providing the necessary personal and address data to enable the execution of the Order without setting up an Account.
3. The prices in the Shop are gross prices (including VAT) and are given in Polish zloty (PLN) and euro (EUR).
4. The final (final) amount to be paid by the Consumer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Consumer is informed on the pages of the Shop during the Order placement, at the moment of expressing will to be bound by the Sales Agreement.
5. The Product delivered outside the European Union may be associated with the obligation to pay customs duties or other taxes in accordance with the regulations in force in the country of destination. In order to obtain additional information on the costs of delivery, the Consumer should contact the competent customs or excise authority.
§ 6
Rules for Placing an Order
In order to place an Order you must:
a) select the Product which is the subject of the Order and then click the “ADD TO CART” button,
b) go to the shopping cart and then click the “CHECKOUT” button,
c) take advantage of the possibility of placing an Order without registration,
d) if the option of placing an Order without registration has been chosen – fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered,
e) if the option of sending to another address has been chosen, fill in the form giving another address to which the delivery of the Product is to take place,
f) choose one of the available payment methods,
g) depending on the payment method chosen by the Consumer, pay for the Order by clicking the “BUY & PAY” button
§ 7
Delivery and Payment Methods Offered
1. The delivery of the Products within the territory of Poland and the European Union takes place at the address indicated by the Consumer during the Order placement.
2. The Products are delivered to the indicated address in Poland with the help of the Polish Post. Fees for the delivery of products are given in the process of placing an order and depend on the weight of the consignment and packaging costs.
3. Foreign delivery is made by the Polish Post. The expected delivery time depends on the delivery address and method of delivery.
4. The shipping costs of the purchased products are borne by the Consumer. Each Product sent is attached to the proof of purchase (receipt or invoice).
5. The prices of the Products are given in Polish zloty (PLN), euro (EUR) and include all components, including VAT (with distinction of the rate).
6. The Consumer has the opportunity to pay for the purchased Products:
1. with payment credit cards through a service provided by Stripe, Inc. with its registered office at 510 Townsend Street, San Francisco, CA 94103 in the United States – the credit card shall be charged at the time of payment,
2. through the service provided by PayPal (Europe) S.a r.l. & Cie, S.C.A. with its registered office at L-1150 in Luxembourg,
3. by bank transfer to the Seller’s Bank Account.
§ 8
Performance of the Sales Agreement
1. The conclusion of the Sales Agreement between the Consumer and the Seller takes place after the Consumer has placed an Order using the Order Form in the Online Shop in accordance with § 6 of the Terms and Conditions.
2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by sending by the Seller to the Consumer an appropriate e-mail message to the Consumer’s e-mail address provided during the Order placement, which shall include at least the Seller’s statement of receipt of the Order and its acceptance for execution and confirmation of conclusion of the Sales Agreement. At the moment of receiving by the Consumer the above e-mail message the Sales Agreement is concluded between the Consumer and the Seller.
3. In case of selection by the Consumer of electronic payment or payment card payment, the Consumer shall be obliged to make payment within 2 calendar days from the date of concluding the Sales Agreement – otherwise the Order shall be cancelled.
4. Product will be sent by the Seller within 10 working days from the date of crediting the payment to the Seller’s Bank Account.
5. If the Consumer chooses the method of electronic payment or payment card, the beginning of the term of delivery of the Product to the Consumer is counted from the date of crediting the Seller’s Bank Account.
6. The delivery of the Product takes place in Poland, Europe and selected countries of the world.
7. The delivery of the Product to the Consumer is chargeable. Costs of delivery of the Product (including fees for transport, delivery and postal services) are indicated to the Consumer on the Online Shop’s website during the Order placement, including the moment when the Consumer expresses his will to be bound by the Sales Agreement.
§ 9
Right of Withdraw from Sales Agreement
1. The Consumer may withdraw from Product Sales Agreement concluded at a distance without giving any reason, by making an appropriate statement in writing, within 14 days, where this period runs from taking possession of the item in the possession of the Consumer or a third party indicated by the Consumer (other than the carrier), and in the case of a Sales Agreement that includes many items that are delivered separately, in batches or parts – from taking possession of the last item, batch or part.
2. The statement may be sent by traditional mail or electronically by sending the statement to the Seller’s e-mail address.
3. In the case of withdrawal from Product Sales Agreement concluded at a distance, the agreement is considered not concluded.
4. If the Consumer made a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer is no longer binding.
OObligations of the Consumer
1. The Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which he withdrew from the Sales Agreement, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry. The Product should be packed in a way that guarantees its safe transport. The Consumer shall bear direct costs of returning the Product (cost of sending it back).
2. The Consumer shall be responsible for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to determine the nature, characteristics and functioning of the Product.
Obligations of the Seller
1. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from Sales Agreement, return to the Consumer all payments made by him, including the costs of delivery of the Products.
2. The Seller shall refund payments using the same method of payment as the Consumer, unless the Consumer has expressly agreed to another method of return, which does not involve any costs for him.
3. If the Consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for additional costs incurred by him.
4. If the Seller has not offered to collect the Product from the Consumer, the Seller may withhold the return of payments received from the Consumer until the moment of receiving the item back or providing the Consumer with the proof of its return, depending on which event occurs earlier.
5. We suggest that you enclose a proof of purchase to improve the return process.
§ 10
Complaint and Warranty
The product can be returned within 14 days. However, it must be undamaged, otherwise the Product will not be accepted. Specific terms and conditions for returns and complaints below.
Returns
1. A Consumer, being a consumer within the meaning of Article 221 of the Civil Code, has – on the basis of general principles resulting from the provisions of the Act of 30.05.2014 on Consumer Rights (Journal of Laws of 2014 No. 827) – the right to withdraw from a contract concluded at a distance, without giving any reason, by submitting an appropriate statement in writing, within 14 days and sending it to the MIOOU address given in these Terms and Conditions.
2. The 14-day period is counted from the day on which the Product was delivered.
3. In the case of withdrawal from the contract concluded at a distance, the contract is considered not concluded.
4. Returned Product must be undamaged and should be packed in an appropriate manner to ensure that the shipment is not damaged during transport. For poor packaging of the consignment causing damage to the product during transport is the responsibility of the Consumer.
5. The return should be made immediately, no later than 14 days.
6. The return is not subject to return shipping costs incurred by the Consumer.
7. The refund for the returned Product will be given to the account number given by the Consumer within 3 to maximum 14 days from the delivery of the return of the Product. The return is subject to an amount including the price for the Products covered by the Sales Agreement, in relation to which the Consumer has exercised the right of withdrawal and the costs of delivery of the Products to the Consumer.
8. The Shop has the right to refuse to accept the return of the Product in cases of return of a damaged Product or delivery to the Shop of an incomplete Product, bearing traces of use.
9. The purchased Product should be returned to the following address:
MIOOU ul. Ks. Bp. Wincentego Tymienieckiego 3, 90-365 Łódź, Poland with the note “Return”.
10. The shop does not accept any parcels sent back as cash on delivery.
Complaints about the Products
1. MIOOU as the Seller shall be liable to the Consumer who is a consumer within the meaning of Article 221 of the Civil Code, for non-compliance with the Sales Agreement of the Product purchased by that consumer, to the extent specified in the Act on specific conditions of consumer sales.
2. Complaints, resulting from violations of the rights of the Consumer guaranteed by law, or under these Terms and Conditions, should be sent to mioou.design@miooudesign.com and the Seller undertakes to consider them within 14 days, and if this is not possible, to inform the Consumer during this period, when the complaint will be considered.
3. The Complained Product should be sent at its own expense, and if the complaint is resolved to the benefit of the Consumer, the shipping costs will be returned to the amount of shipping costs charged by the shop www.miooudesign.com.
Complaints Concerning Provision of Electronic Services/strong>
The Seller shall take steps to ensure that the Shop operates fully correctly, to the extent that it is based on current technical knowledge and undertakes to remedy within a reasonable period of time any irregularities reported by the Consumer.
1. The Consumer is obliged to immediately notify the MIOOU of any irregularities or interruptions in the functioning of the Online Shop.
2. Irregularities related to the functioning of the Shop the Consumer may report in writing to the address:
MIOOU ul. Ks. Bp. Wincentego Tymienieckiego 3, 90-365 Łódź, Poland or by e-mail to mioou.design@miooudesign.com.
3. In the complaint, the Consumer should provide his name and surname, address for correspondence, type and date of occurrence of irregularities related to the functioning of the Shop.
4. The Seller undertakes to consider the complaint within 14 days, and if this is not possible, to inform the Consumer during this period, when the complaint will be considered.
§ 11
Out-of-Court Resolutions of Disputes
1. Detailed information concerning the possibility for the Consumer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php;
http://www.uokik.gov.pl/sprawy_indywidualne.php and
http://www.uokik.gov.pl/wazne_adresy.php.
2. Consumer has the following exemplary possibilities to use out-of-court resolutions of disputes:
1. The Consumer is entitled to apply to a permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
2. The Consumer is entitled to apply to the provincial inspector of the Commercial Inspectorate, in accordance with art. 36 of the Act of 15 December 2000 on the Commercial Inspectorate (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings to amicably end the dispute between the Consumer and the Seller.
3. The Consumer can obtain free assistance in resolving a dispute between him and the Seller, using also free assistance of the district (municipal) consumer advocate or social organization whose statutory tasks include consumer protection (among others, the Consumer Federation, Polish Consumer Association).
§ 12
Personal Data in the Online Shop
1. The administrator of the Consumer’s personal data collected through the Online Shop is the Seller, who processes the Consumer’s personal data in accordance with the provisions of the Act of 10 May 2018 on personal data protection and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and in accordance with the provisions of the Act of 18 July 2002 on the provision of electronic services.
2. The provision of personal data by the Consumer is voluntary, however, the lack of consent to the processing of personal data by the Seller may prevent the Seller from providing services by electronic means and making purchases by the Consumer. The data collected by the administrator include: name, surname, correspondence address, e-mail address, telephone number, in case of entrepreneurs – company name and tax number (NIP).
3. Personal data of the Consumer collected by the administrator via the Online Shop is collected for the purpose of the implementation of the Sales Agreement, accounting activities, and if the Consumer agrees to this – also for marketing purposes.
4. The data will be stored for a period of 5 years from the date of the first Sales Agreement.
5. The recipients of personal data of the Consumer of the Online Shop may be:
1. In the case of a Consumer who uses the Online Shop delivery by mail or courier, the administrator makes available the collected Consumer’s personal data to a selected carrier or intermediary carrying out shipments on behalf of the administrator.
2. In the case of a Consumer who uses in the Online Shop the method of electronic payment or payment card, the administrator makes available the collected Consumer’s personal data to a selected entity handling the above payments in the Online Shop.
3. In each case – the confectioning company handling Internet Sales and the accounting company.
6. The Consumer has the right to access, correct and delete their personal data at any time, in accordance with the Act on Personal Data Protection and Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
7. The body supervising the correctness of the collection and storage of personal data is the President of the Office for the Protection of Personal Data, to whom the Consumer may report a breach of the above.
§ 13
Intellectual Property
1. All content on the www.miooudesign.com website, including Product designs, are protected by law and (subject to elements used under license, copyright transfer or permitted use) are the property of Katarzyna Galicka-Szer, who conducts business under the name of MIOOU.
2. All intellectual property rights, including in particular copyright and trademark rights, which are held in relation to all texts, illustrations, photos, sounds, other materials placed on the Site are the property of MIOOU.
3. The Consumer may not without the prior consent of MIOOU:
a) use (copys/parts) of this website www.miooudesign.com or the designations contained in its content for commercial purposes,
b) modify (parts of) this website or incorporate its content into other publications such as paper documents, blogs or websites of third parties.
4. The Consumer is fully responsible for damage caused to the Seller, resulting from the use of any content of the www.miooudesign.com website, without the written consent of the Seller.
5. The use, without the express written consent of the Seller, any of the elements comprising the content and content of the website www.miooudesign.com is a violation of the copyright of the Seller and results in civil and criminal liability.
§ 14
Final Provisions
1. The Sales Agreements concluded through the Online Shop are concluded in accordance with Polish law. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on providing electronic services; Act on consumer rights, Act on personal data protection.
2. The Consumer has the right to take advantage of out-of-court ways of handling complaints and claims. For this purpose, he may submit a complaint via the EU ODR Internet platform available at the address:
http://ec.europa.eu/consumers/odr/.
3. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, including: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of these Terms and Conditions.