INTERNET SHOP TERMS AND CONDITIONS
§ 1 General provisions
§ 2 Definitions
§ 3 General rules for using the Internet shop
§ 4 Placing orders
§ 5 Payments
§ 6 Delivery
§ 7 Withdrawal from the contract/contract termination
§ 8 Complimentary services
§ 9 Complaints’ procedure
§ 10 Personal data protection
§ 11 Final provisions
The hereby Terms and Conditions define the general provisions, principles and form of selling via the www.milidiami.com Internet shop (hereinafter referred to as the “Internet Shop”), as well as the conditions and rules of providing services.
§ 1 General provisions
- The Owner of the www.milidiami.com Internet shop is Małgorzata Sobierajska, conducting a business activity, registered in the Central Registration and Information on Business under the name Milidiami, address: ul. Goplany 3a 93-453 Łódź; NIP: 7751262589, REGON: 610272545 (hereinafter referred to as the “Seller”).
- The ways of communicating with the Seller:
- The correspondence address: ul. Goplany 3a, 93-453 Łódź;
- Electronic address: email@example.com;
- Telephone number: 601517616 (cost per minute according to the telecommunications provider).
- In order to use the Internet shop the placer of the Order (hereinafter referred to as the “Client”) is obliged to read and accept the hereby Terms and Conditions.
- The hereby Terms and Conditions constitute the Terms and Conditions, mentioned in sec. 8 of the Act on Provision of Services by Electronic Means.
- The hereby Terms and Conditions are directed both to Consumers as well as Entrepreneurs, using the Internet shop (save for § 7 and other provisions, which directly indicate they concern only Consumers).
- The Seller enables the Client to get acquainted with the Terms and Conditions via the Website prior to placing any order.
§ 2 Definitions
- BUSINESS DAYS – weekdays, from Monday to Friday, except for public holidays.
- CLIENT – a natural person, a legal person or an organizational unit without legal personality, whose legal capacity is recognized by law, who enjoys full capacity to acquire rights and incur obligations and who may use services and functionalities of the Internet Shop, especially the possibility of placing an Order.
- THE CIVIL CODE – the Civil Code Act of 23rd April 1964 (Journal of Laws no. 16, item 93, as amended).
- CIVIL PROCEDURE CODE – the Civil Procedure Code Act of November 17th 1964 (Journal of Laws no. 43, item 296, as amended.).
- CONSUMER – a natural person, entering into a legal action with the Seller, not directly related to their economic or professional activity.
- ACCOUNT – a set of resources, placed in the Seller’s computer system, provided by the Client and registered under their name (login) and password, where the Client’s data are collected, including the placed Orders.
- NEWSLETTER – a distribution electronic Service, provided by the Seller via e-mail, which enables all listed Clients to receive automatic informative content on the Seller’s activities.
- ENTREPRENEUR – a natural person, a legal person or an organizational unit without legal personality, whose legal capacity is recognized by law, conducting in its own name an economic or professional activity and entering into a legal action, directly related to their economic or professional activity.
- TERMS AND CONDITIONS – the hereby Terms and Conditions.
- REGISTRATION – a one-time act of creating an account by the Client, carried out via the registration form, provided by the Seller on the Internet Shop’s Website.
- INTERNET SHOP – an Internet service, available at www.milidiami.com, via which the Client can place Orders.
- SELLER – an entity, conducting a business activity, registered in the Central Registration and Information on Business under the name Milidiami, with the address: ul. Goplany 3a, 93-453 Łódź; NIP: 7751262589 REGON: [statistic number], at the same time being the owner of the Internet Shop.
- INTERNET SHOP’S WEBSITE – www.milidiami.com
- PRODUCT – products, presented by the Seller via the Internet Shop’s Website, being the subject of the Sale Contract.
- DURABLE MEDIUM – material or equipment, enabling the Client or the Seller to store data, addressed personally to him, in a way accessible for future reference and adequate for the of the information and which allows the unchanged reproduction of the information stored.
- SALE CONTRACT – a contract for the sales of the Products, concluded at distance, as defined in the Terms and Conditions.
- ACT ON CONSUMER’S RIGHTS – Act on Consumer’s Rights of May 30th 2014 (Journal of Laws no. 2014, item 827).
- ACT ON PROVISION OF SERVICES BY ELECTRONIC MEANS – Act on Provision of Services by Electronic Means of July 18th 2002 (Journal of Laws no. 144, item 1204, as amended).
- ORDER – a declaration of will, made by the Buyer, aimed directly at concluding the Sale Contract and specifying the type and quantity of the Products.
§ 3 General rules for using the Internet Shop
- Usage of the Internet Shop is possible if the Client’s computer system meets the minimum technical requirements:
- A computer, laptop or other multimedia device with Internet access;
- An active e-mail account;
- A direct Internet link with a speed of at least 256 kbit/s.
- Usage of the Internet Shop, including placing Orders, does not require prior Registration in the Internet Shop. In order to conclude a Sale Contract the Client needs only to provide the necessary data by filling out the form, available at Internet Shop’s Website.
- The Seller uses the “cookie” files, which are registered by the Seller’s server on the Clients’ terminal’s hard drive when the Clients use the Shop’s Website. The usage of the “cookie” files improves the operation of the Internet Shop’s Website on the Clients’ terminals. This mechanism does not damage the Client’s terminal and does not change the configuration in Clients’ terminals or their software. Every Client may disable the “cookies” in their Internet browser, The Seller, however, informs, that disabling the “cookies’ may cause difficulties or even enable usage of the Internet Shop’s Website.
- The Seller declares that given the public nature of the Internet and electronic means of communications the usage of thereof may be associated with a risk of acquiring and modifying Clients’ personal data by unauthorized persons, therefore the Clients should implement proper technical measures in order to minimize the above mentioned risks, in particular anti-virus and identity protection software.
- The Client is prohibited to deliver unlawful content, as well as exploit the Internet Shop’s Website or the complimentary services, offered by the Seller, unlawfully, contrary to accepted principles of morality or violating in any way the rights of the third parties.
§ 4 Placing Orders
- The Client can place Orders in the Internet Shop via the Website 7 days a week, 24 hours a day.
- The Client, who places an Order via the Shop’s Website, completes an Order by choosing the Product he is interested in. To add a Product to the Order the Client had to choose the “ADD TO BASKET” command, located underneath the given Product, presented on the Shop’s Website. After completing the whole Order the Client chooses the command “I ORDER” and then is re-directed to an Order Summary sub-page.
- The Client chooses a delivery method and a payment method, as well as indicates an e-mail address for correspondence and agrees or not for processing his personal data for marketing purposes. After doing so and choosing the “PROCEED” command, the Client is redirected to an Order Completion sub-page. The Order is completed by filling out the form and sending it to the Seller, therefore the Client should choose the “I ORDER AND PAY” command.
- Each time prior to sending the Order to the Seller the Client is informed about the joint price for the chosen product and the delivery, as well as all the additional costs, which need to be covered as a result of concluding a Sales Contract.
- After placing the Order the Seller sends a confirmation to the e-mail address, provided by the Client.
- After confirming the Order the Seller shall send information on accepting the Order to the e-mail address, provided by the Client. The information on accepting the Order is, at the same time, the Seller’s confirmation of accepting the offer. At the moment the Client receives it the Sale Contract shall be concluded.
- After concluding a Sale Contract the Seller shall confirm its terms by sending them via a durable medium to the Client’s e-mail address or in a written form to the address, provided by the Client when registering and account or placing an Order.
§ 5 Payments
- All prices on the Website, placed next to a given Product, are gross prices and do not contain the delivery costs, as well as all other costs, which the Client shall be obliged to cover due to concluding a Sale Contract and of which he shall be informed while placing an order.
- The Client can choose from the following methods of payment for the ordered Products:
- A bank transfer to the Seller’s bank account (in the case of which the completion of the Order shall begin after the Client receives an Order confirmation from the Seller and the Seller receives a payment confirmation from the Client);
- A debit/credit card (in case of which the completion of the Order shall begin after the Client receives an Order confirmation from the Seller and the Seller receives a payment confirmation from the Client);
- Cash on delivery (in case of which the completion of the Order shall begin after the Client receives an Order confirmation from the Seller).
- A method of payment can be chosen in an appropriate box in the Order form.
- Each time the Client shall be informed by the Seller via the Shop’s Website about the time for making a payment at the amount, resulting from the concluded Sale Contract.
- In case the Client fails to fulfill the payment within a period, specified in § 5 art. 4 the Seller shall set down additional time for fulfilling the payment and shall inform the Client of it by a durable medium. The information on additional payment time shall also contain information that after the period expires without results the Seller shall withdraw for the Sale Contract. In case of the expiration of the second period without payment results the Seller shall send the Client on a durable medium a statement on withdrawing from the contract in accordance with art. 491 of the Civil Code.
§ 6 Delivery
- The Seller delivers Products worldwide
- The Seller is obliged to deliver the Product to the Client, being the subject of the Sale Contract, without any defects.
- The Seller shall put on the Shop’s Website information about the number of business days, necessary for delivery.
- The ordered Products shall be delivered to the Client to the address provided in the Order form by entities, involved in the delivery of packages.
- A delivery method can be chosen in an appropriate box in the Order form.
§ 7 Withdrawal from the Contract
- A Client, who is a Consumer, may renounce the Sale Contract within 14 days without providing any reason. The Withdrawal may concern all Products or part of the Products, being the subject of the Contract.
- The time for withdrawal from the Sale Contract starts the very moment the Client comes into the possession of the Product.
- The Client may withdraw from the Sale Contract by delivery a statement on withdrawal to the Seller. The statement may be made on a form, provided by the Seller on the Shop’s website at: [website where the withdrawal form is located]. To comply with the time limit it is sufficient to send the statement prior to the deadline.
- In case of withdrawal from the Contract it is considered invalid.
- If a Client issued a statement on withdrawing from the Contract, before the Seller accepted his offer, the offer becomes invalid.
- The Seller is obliged to immediately, not later than within 14 days, from receiving the Client’s statement on withdrawal for the Contract, reimburse all the payments incurred, including the costs of delivery. The Seller may hold with reimbursing the payment, received from the Client, until the Product is returned or until receiving a confirmation from the Client of sending the Product, whichever occurs earlier,
- If the Client, exercising the right to withdrawal, has chosen a delivery method, other than the cheapest one, offered by the Seller, then the Seller is not obliged to reimburse the additional costs incurred to the Client.
- The Client is obliged to return the Product to the Seller immediately, but not later than within 14 days from the moment of withdrawing from the Sale Contract. In order to comply with the time limit it is sufficient to send the Product to the address, provided by the Seller, prior to the deadline.
- In case of withdrawing from the Sale Contract the Client shall cover only the direct costs of returning the Product.
- The Client shall be held responsible for decreasing the value of the Product, resulting from it being used in a manner, going beyond the needs for stating the character, attributes and functions of the Product.
- The Seller shall reimburse the payment, using the same payment method as was used by the Client, unless the Client shall specifically agree for another payment method, not connected with any additional costs.
§ 8 Complimentary services
- The Seller shall offer the Clients the following complimentary services by electronic means of communication:
- A contact form;
- A newsletter;
- A Client Account;
- Publishing opinions.
- The Services, mentioned in § 8 sec. 1 are provided 7 days a week, 24 hours a day.
- The Seller reserves the right of choosing and changing the type, forms, time and ways of providing access to selected mentioned services. The Clients shall be informed of the undertaken changes in a way, proper for changing the Terms and Conditions.
- The Contact Form consists of sending information to the Seller via a form, provided on the Shop’s Website.
- The Newsletter may be used by each Client, who shall provide his e-mail address via the registration form, provided by the Seller on the Shop’s Website. After sending a filled-out registration form the Client shall immediately receive a confirmation from the Seller. The Agreement for providing the Newsletter service by electronic means of communication shall be concluded this moment. The Client may additionally, upon registration, mark an appropriate box in the registration form in order to subscribe the Newsletter service.
- The Newsletter service consists in sending by the Seller to the e-mail address and electronic message. Containing information on new Products and services, offered by the Seller. The Newsletter shall be sent by the Seller to all Clients, who signed up for subscription.
- Each Newsletter, directed to particular Clients, contains the Sender’s data, the filled out “Subject” field, which defines the message’s content and information on the possibility and way of unsubscribing.
- The Client may unsubscribe from the Newsletter at any moment by doing so via a link, located in each Newsletter message or by activating an appropriate box in the Client’s panel.
- The Seller is entitled to blocking access to the Account and complimentary services in case of the Client’s possible actions to the detriment of the Seller or other Clients, breaking the law or the provisions of the Terms and Conditions and also when blocking access to the Account and complimentary services is justified by security reasons, especially due to the Client’s tampering with the Website’s security measures and hacking. Blocking the access to the Account and complimentary services due to the abovementioned reasons shall last for a period, necessary for solving the issue being the reason for blocking the access to the Account and complimentary services. The Seller shall inform the Client of blocking access to the Account and complimentary services my e-mail to the address, provided upon registration.
- Both the Client and the Seller may terminate the agreement on providing services by electronic means of communication at any time without providing any reason, subject to the provisions, acquired by the other party prior to terminating the agreement.
- The registered Client shall terminate the agreement on providing services by electronic means of communication by sending to the Seller a relevant statement by any means of communication over distance, enabling the Seller to get acquainted with the Client’s declaration of intent.
- The Seller shall terminate the agreement on providing services by electronic means of communication sending to the Client a relevant declaration of intent to the e-mail address, provided by the Client upon registration.
§ 9 Procedure of Complaint
- The Seller assures a delivery of a physical and legal defect-free Product. The Seller is liable to the Client for any defects, physical or legal (warranty).
- If the Product is faulty, the Client may:
- Apply for lowering the price or make a statement on withdrawing from the Sale Contract, unless the Seller immediately and without excessive inconvenience for the Client shall exchange the faulty Product for a defect-free or shall remove the defect. This limitation does not apply to the Products have already been exchanged or repaired by the Seller or the Seller has not met the obligation of exchanging the Product to a defect-free one or removing the faults. The Client may, instead of accepting the defect repair, offered by the Seller, request an exchange of the Product for a defect-free one, or instead of exchanging the Product request a repair of the defect, unless bringing the Product to conformity with the Contract in a way, chosen by the Client, is impossible or would require excessive costs in comparison with the way, suggested by the Seller. When accessing excessive costs the value of a defect-free Product is taken into account, a type and significance of the found defect, as well as the inconvenience, which would affect the Client in case of some other way of meeting the Client’s needs.
- Demand exchanging the faulty Product for a defect-free or removing the defect. The Seller is obliged to exchange the faulty Product for a defect-free Product in a reasonable period of time without causing excessive inconvenience to the Client. The Seller may refuse to fulfill the Client’s requirements if brining the faulty Product to conformity with the Sale Product is impossible or in comparison with the other possible way of bringing the Product to conformity with the Sale Contract would require excessive costs. The costs of the repair or exchange shall be covered by the Seller.
- The Client, who exercises his rights under statutory warranty, shall deliver the faulty Product top the Client’s address. In case of a Client who is a Consumer the delivery costs shall be covered by the Seller.
- The Seller is liable to meet the warranty requirements, if a physical defect shall be detected within 2 years from releasing the Product to the Client. Claims for removing the defect or exchanging the Product for a defect-free Product expires within a year, but this period cannot expire prior to the term, defined in the first sentence. Within this period the Client may withdraw from the Sale Contract or request a price reduction due to the Product’s defect. If the Client demanded an exchange for a defect-free Product or a defect removal, the expiration of the period for withdrawing from the Sale Contract or requesting a price reduction shall begin from the moment of ineffective expiry of the term for the Product’s exchange or the defect removal.
- All complaints should be addressed to:
- In a written form to the postal address adres: ul. Goplany 3a, 93-453 Łódź;
- To the e-mail address: firstname.lastname@example.org.
- The Seller shall reply to the complaint, connected with the Product or the execution of the Contract, filed by the Client, within 14 days from receiving it.
- The Client may file a complaint to the Seller in connection with the use of the Complimentary services, provided by electronic means of communication by the Seller. The complaint may be filed in an electronic form and sent to: email@example.com. In the complaint the Client should contain a description of the problem. The Seller immediately, but not later than within 14 days, shall examine the complaint and respond to the Client.
§ 10 Personal data protection
- The administrator of the Clients’ data, provided to the Seller voluntarily upon Registration, placing a one-time Order and subscription to providing services by electronic means of communication, as well as other circumstances, defined in the Terms and Conditions, is the Seller.
- The Seller processes the Clients’ personal data in order to execute the Orders, providing services by electronic means of communication and other purposes, defined in the Terms and Conditions. The data is processed only on the basis of the binding law provisions and the Clients’ consent, given in conformity with the binding law provisions.
- The personal data filing system, provided to the Seller, shall be reported by the Seller to the General Inspector for Personal Data Protection.
- The Client shall provide the Seller with his personal data voluntarily, however not providing the data, required in the registration process may disable Registration and creation of an Account and placing an Order in case not registering and Account.
- Each Client, who provided his data to the Seller, is the right to access and correcting it.
- The Seller provides the right of deleting personal data from the filing system, especially in case of deleting an Account. The Seller may refuse removing personal data, if the Client failed to pay any liabilities to the Seller or violated any law provisions, and the personal data is necessary for clarifying these circumstances and establishing the Client’s liabilities.
- The Seller shall protected the provided personal data and shall endeavor to protect it from unauthorized access or use.
- The Seller shall transfer the Client’s personal data to the entity, mentioned in § 6 sec. 4,, to the extent, necessary to make a delivery.
§ 11 Final provisions
- If any dispute shall arise between the Seller and a Client, who is a Consumer, as defined in art. 221 of the Civil Code, it shall be subject to a court with jurisdiction in accordance to the provisions of the Civil Procedure Code.
- If any dispute shall arise between the Seller and a Client, who is not a Consumer, as defined in art. 221 of the Civil Code, it shall be subject to a court with respect to the seat of the Seller.
- The Seller shall be held liable for non-performance or undue performance of the Contract. In case of Contracts with Clients, who are Entrepreneurs, the Seller shall be held liable only in case of deliberate damage and within actual losses, incurred by a Client who is an Entrepreneur.
- If a dispute shall arise in connection with the concluded Sale Agreement, the parties shall aim at solving it in an amicable way. These Terms and Conditions and all disputes, which stem from it are exclusively subject to Polish law.
- Each Client may use out-of-court resolutions for solving complaints and vindicating claims. In that regard the Client may use mediation. A list of permanent mediators and existing mediation centers shall be provided and made available by presidents of competent district courts.
- The contents of the hereby Terms and Conditions may be recorded at any time by printing it, registering on a medium or downloading it from the Shop’s Website.
- The Seller reserves the right to change the hereby Terms and Conditions. All Orders, accepted by the Seller prior to the day of introducing the new Terms and Conditions shall be executed on the basis of the Terms and Conditions, effective on the day of placing the Order by the Client. The changes in the Terms and Conditions shall take effect within 7 days from publishing the new Terms and Conditions on the Shop’s Website. The Seller shall inform the Client of the changes 7 days prior introducing the new Terms and Conditions by sending an e-mail by electronic means of communication. The e-mail shall contain a link to the text of the changes Terms and Conditions. Should the Client not accept the contents of the new Terms and Conditions, he is obliged to inform the Seller of the fact, which results of terminating the Contract in accordance with the hereto.
- To matters. not regulated by the hereby Terms and Conditions, rules of the Civil Code, the Law on Provision Electronic Services and other appropriate provisions of the Polish law shall be applicable.
- These Terms and Conditions shall enter into force on the 11.11.2015.
Published on: 11.11.2015.