These regulations of the online store, set out the rules for the operation of the online store run under the name "Moi Mili" at the Internet address www.moimili.net, and the conditions for the conclusion and implementation of contracts for the sale of goods with buyers, through the store. These Regulations become part of the contract concluded between the Seller and the Buyer.
Regardless of purchases made through the online store, the Buyer has the right, before placing the order, to negotiate all the provisions of the contract with the Seller, including those changing the provisions of the following regulations. These negotiations should be conducted via e-mail or in writing and directed to the Seller's correspondence address: Moi Mili Klaudia Wcisło with its registered office in Warsaw, Bronowska Street 7D, 03-995 Warsaw. In the event of the Buyer's resignation from the possibility of concluding a contract through individual negotiations, the following regulations and applicable law shall apply.
1. INFORMATION ABOUT THE ONLINE STORE
1.1. Online store operating at www.moimili.net is owned by Klaudia Wcisło conducting business activity under the company Moi Mili Klaudia Wcisło based in Warsaw, ulica Bronowska 7D, 03-995 Warsaw, entered in the Central Register of Economic Activity kept by the Minister of Economy, with NIP number 9930439924, REGON 146627846, hereinafter referred to as the "Seller".
1.2. Store Data:
Alior Bank 98 2490 0005 0000 4530 8923 8415
Store correspondence data:
Mili Mili Klaudia Wcisło
ul. J. Piłsudskiego 20/5
contact phone: + 881 543 398
The terms listed below have the meanings given below in the Regulations:
"Buyer" - means the customer of the store, i.e. a natural person with full legal capacity, a legal person or an organizational unit which is not a legal person, which the law grants legal capacity, which concludes a contract of sale of goods with the Seller for a purpose not related directly to its business activity or professional, that is, to meet their own needs;
"Regulations "- means these regulations of the" Moi Mili "online store owned by the Seller;
"Seller" - has the meaning specified in point 1.1;
"Store" - means the "Moi Mili" online store owned by the Seller, operating at www.moimili.net selling goods to Buyers.
"Proof of purchase" - an invoice, bill or receipt issued in accordance with the Law on tax on goods and services of 11 March 2004 as amended and other applicable law.
3. STORE OFFER
3.1. The seller sells goods via the Internet around the clock - by completing the form on the store's website, by email at: www.moimili.net and by phone at +48 881 543 398 in hours 8-16. The condition of placing an order via the Internet is the correct completion of the order form with the address details and payment in accordance with these Regulations.
3.2. Manufacturer names and brands are the intellectual property rights of their owners and are presented in the Store for informational purposes only. The presented products and information about them, including price lists, photos and images of goods do not constitute an advertisement or an offer within the meaning of the law, but are only commercial information about the goods and may be slightly different from the actual state.
3.3. The quantity and type of goods offered in the Store are variable and are subject to constant updating.
3.4. The number of goods covered by any promotion in the Store is limited. Their sale is carried out on the basis of the order placed confirmed by the store, while stocks last.
4. PRICES OF GOODS
4.1. The price of all visible on the website of the online store www.moimili.net goods is a gross price (i.e. includes VAT) and is expressed in Polish zlotys. The prices of goods do not include delivery costs, which are determined according to a separate delivery price list.
4.2 Prices appearing on the store's website www.moimili.net , as well as descriptions of goods constitute only commercial information and not an offer within the meaning of the Civil Code. Binding - for the purposes of concluding a specific contract - they only gain as soon as the Seller confirms acceptance of the order for execution.
4.3 The price given for each product is valid until stocks last. The store reserves the right to change the prices of goods on offer, introduce new goods to the store's offer, carry out and cancel promotional campaigns on the store's pages, or make changes to them. A change in the price of goods does not affect orders accepted for implementation and confirmed.
5. CONCLUSION OF THE CONTRACT AND IMPLEMENTATION OF THE CONTRACT
5.1. The ordering process begins by clicking the "add to cart" button next to the selected product. The buyer, after the final selection of the goods he intends to buy, clicks the "order" button. Then, the Buyer is asked to provide an e-mail address, choice of delivery method and type of payment. After completing the necessary information, the Buyer clicks the "continue" button. The buyer is asked to provide the address to which the ordered goods should be delivered.
5.2. Before the final ordering, the Buyer may read the information about the placed order, which includes, among others calculation of ordered goods, their unit and total price, value of any discounts and delivery costs. After completing the data needed to ship the ordered goods, the Buyer clicks the "place order" button.
5.3. By clicking the "place order" button, the Buyer submits to the Seller an offer to purchase the goods indicated in the order, under the conditions specified therein and resulting from the Regulations ("placing the order", "placed order"). The order is considered a valid and binding offer for the purchase of goods by the Buyer only if the order form has been correctly completed by the Buyer and sent to the Seller using the system and mechanisms contained on the Store's pages, by clicking the "place order" button, unless the law provides otherwise. Placing an order is not tantamount to its acceptance by the Seller.
5.4. After clicking the "place order" button, the Seller will generate information about the order details, which will be sent to the Buyer's e-mail address provided in the order form ("order summary message", "order summary"). Sending by the Seller information about the details of the order does not constitute the conclusion of the contract, but is intended solely to inform the Buyer that the order has reached the Store.
5.5. The order summary message also contains a request for payment of the amount (price of goods and shipping charges) resulting from the order placed. The buyer undertakes to pay a sum of money regarding the order placed, on the terms and within the time limits arising from these Regulations.
5.6. After making the payment by the Buyer, the Seller informs the Buyer by e-mail about the acceptance of the order for execution. The sale agreement is concluded when the Buyer receives a message from the Seller confirming the acceptance of the order placed for execution. The condition of accepting an order is the availability of the product in the Store's warehouse.
5.7. The Seller reserves the right to verify the order in cases of reasonable doubt (e.g. providing a non-existent delivery address) and in the event of the Buyer's failure to comply with the provisions of these Regulations. In the event of the above-mentioned situations, the Seller may withdraw from the contract, about which the Buyer will be notified by e-mail.
5.8. To place an order, it is necessary for the customer to provide the following data: name and surname, (company name, tax identification number), delivery address, e-mail address and telephone number enabling verification of the placed order.
5.9. Before confirming the acceptance of the order by the Seller, the Buyer may submit an order correction by e-mail to the following address: firstname.lastname@example.org, and for its validity, such correction must be approved by e-mail by the Seller. This does not affect the Buyer's rights arising from withdrawal.
5.10. The purchased subject of the contract is sent, together with the sales document selected by the Buyer, the type of delivery selected by the Buyer to the place of delivery indicated by the Buyer in the order.
5.11 After sending the order to the Buyer, the Store will generate an e-mail (if possible) with information about the shipment.
6. SHIPMENT AND DELIVERY OF GOODS
6.1. The seller carries out orders worldwide by shipping by courier or Polish Post.
6.2. The delivery of goods takes place at the Buyer's choice in the order placed via;
a) Polish Post Office or courier company,
b) By personal pickup by appointment by phone or e-mail.
6.3. The shipping cost is borne by the Buyer who is informed about the total cost of delivery before placing the order. The order summary containing information about the order and the cost of delivery will also be sent to the buyer by e-mail, after placing the order, to the address provided in the order form.
6.4. The buyer should check the condition of the parcel during receipt in the presence of an employee of the courier company or Poczta Polska. In the event of damage to the parcel, the Buyer is obliged to report this fact to the courier and draw up a complaint report and inform the Store of this fact.
6.5. The cost of foreign delivery is determined individually by the Buyer and Seller by e-mail, according to the courier company's tariff.
6.6. Seller does not deliver cash on delivery.
7. ORDER PROCESSING TIME
7.1. Order processing time means the time needed to prepare the order for shipment. The Seller undertakes to make all reasonable efforts to ensure that it reaches a maximum of 3-5 business days from the moment the amount due for the order is received on the Seller's bank account.
7.2. Orders placed on Saturday or Sunday, or public holidays, are carried out within 3-5 working days from the first business day, but excluding subsequent public holidays.
7.3. The seller reserves the right to suspenda making deliveries from the Store for a definite period, indicated in each case in advance on the website www.moimili.net. Orders will not be processed within such a specified deadline, and the deadline for completing the orders specified in point 7.1 will be automatically extended and will start running on the first business day after the indicated deadline.
8.1. The payment method is selected by the Buyer separately for each order.
8.2. The buyer can choose a payment option when placing an order from the following payment methods:
a) through a secure online payment system PayPal or tPay
b) Transfer to a bank account.
8.3. It is not possible for the Buyer to make a payment by sending cash or a check.
8.4. In the case of a transfer to a Polish bank account (prepayments), the entire amount indicated in the e-mail confirming the placement of the order in the Store should be transferred within 5 business days counted from the date of sending the Buyer a message summarizing the order referred to in point 5.4 above, to the account Store's bank details, together with the transfer title, which is also the order number. Payment is considered made at the time of crediting the Store's bank account. Within the above-mentioned period, the ordered goods are covered by the reservation.
8.5. If the transfer is not made within the aforementioned period, the order will be considered as not submitted and the Buyer's purchase offer will expire, which results in the cancellation of the order and the expiry of the reservation.
8.6. The seller confirms receipt of payment for the order by e-mail.
8.7. In exceptional circumstances, it is possible to extend the payment deadline, but for its validity it is necessary for the Seller to accept such a new deadline by e-mail.
8.8. If the Buyer wishes to receive an invoice, by placing an order in the Store he agrees to issue and send electronically to the e-mail address provided by him, invoices, duplicates of these invoices and their corrections, in accordance with the Regulation of the Minister of Finance of 20 December 2012 in on sending invoices in electronic form, the rules for their storage and the procedure for making them available to the tax authority or fiscal control authority (Journal of Laws 2010, item 1528).
9. POSSIBILITY OF SAVING, VIEWING THE CONTRACT TEXT.
9.1. These Regulations can be found on the Store's website at www.moimili.net / page / regulations.
9.2. In addition, using the function available in the web browser, you can print and save the Regulations in the form of a document.
9.3. The data of the placed order can be additionally archived: by downloading the Regulations and saving the data collected on the last page of the order placed in the Store using the functions available in the browser, or by saving the data contained in the information about the order details sent to the e-mail address provided by the buyer.
10. WITHDRAWAL FROM THE CONTRACT
10.1. Pursuant to the Act of 30 of May 2014 on consumer rights (Journal of Laws of 24 June 2014), a consumer (a natural person making a legal transaction with an entrepreneur not directly related to his business or professional activity), who concluded a distance contract or outside the business premises has the right to withdraw from the contract within 14 days without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 section 2 and art. 35 of the Act of 30 May 2014 on consumer rights.
10.2. The deadline to withdraw from the contract expires after the expiry of 14 days from the date of delivery.
10.3. To exercise the right of withdrawal, the Buyer who is a consumer should inform the Seller, giving his name, full postal address and, if available, phone number, fax number and e-mail address, about his decision to withdraw from the contract by an unequivocal statement in writing. The buyer may use the model withdrawal form, attached as Annex 2 to the Act of 30 May 2014 on consumer rights, but it is not mandatory. The buyer may also complete and submit a withdrawal form available on the Seller's website www.moimili.net. If the Buyer uses this option, the Seller shall immediately send confirmation of receipt of information on withdrawal from the contract by email to the address provided by the Buyer. To meet the deadline to withdraw from the contract, it is enough to send information regarding the exercise of the right to withdraw from the contract before the deadline to withdraw from the contract.
10.4. In the event of withdrawal from the contract, the contract is considered void and the Seller returns to the Buyer who is a consumer all payments received from the Buyer, including the costs of delivery (except for additional costs resulting from the delivery method chosen by the Buyer other than the cheapest usual delivery method offered by the Seller) , immediately and in any case not later than 14 days from the day on which the Seller received information about the exercise of the Buyer's right to withdraw from the contract. The Seller shall refund the payment using the same payment methods that were used by the Buyer in the original transaction, unless the Buyer has agreed to a different solution. The buyer does not bear any fees associated with the return of payment. The seller may withhold reimbursement until receipt of the item or until the buyer provides proof of sending it back, whichever occurs first.
10.5. When exercising the right of withdrawal, the Buyer who is a consumer is obliged to send or transfer the goods to the address of the Seller Moi Mili Klaudia Wcisło, Piłsudskiego 20 / 5 street, 33-100 Tarnów immediately, and in any case not later than 14 days from the day on which the Seller received information on the exercise by the Buyer of the right to withdraw from the contract. The deadline is met if the Buyer sends the item back before the expiry of the 14 days. The buyer bears the direct cost of returning the item. The buyer is solely responsible for reducing the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
10.6. The buyer who is a consumer does not bear the costs of providing digital content that is not stored on a tangible medium, if he did not agree to the performance of the service before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of granting such consent or The seller has not provided confirmation in accordance with art. 15 section 1 and art. 21 section 1 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 24 June 2014)
10.7. The right of withdrawal is not applicable to contracts:
a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract;
b) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
c) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
d) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
e) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
f) in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
g) in which the subject of the service are alcoholic beverages, the price of which has been agreed at the conclusion of the sales contract, and whose delivery may take place only after the expiry of 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
h) in which the consumer expressly demanded that the entrepreneur came to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or items;
i) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
j) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;
k) concluded through a public auction;
l) for the provision of accommodation services other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
m) for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.
11. COMPLAINT PROCEDURES AND WARRANTY CONDITIONS
11.1. The Seller is obliged to provide the Buyer with a product free from defects.
11.2. The Seller is liable to the Consumer on the terms set out in art. 556 of the Civil Code and subsequent ones for defects (warranty).
11.3. In the case of a contract with a consumer, if a physical defect was found within one year of delivery of the item, it is assumed that it existed at the time the danger passed to the consumer.
11.4. The consumer, if the item sold has a defect, may:
a) make a statement requesting a price reduction;
b) submit a statement of withdrawal from the contract;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a non-defective one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to exchange the item for a non-defective one or remove the defect, he shall not be entitled to exchange the item or remove the defect.
11.5. The consumer may instead of the removal of the defect proposed by the Seller request replacement of the item for one free from defects or instead of the replacement of the item demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller , while the assessment of excessive costs takes into account the value of the item free from defects, the type and significance of the defect found, and also takes into account the disadvantages to which the consumer would be exposed
way of satisfying.
11.6. The consumer may not withdraw from the contract if the defect is irrelevant.
11.7. The consumer, if the item sold has a defect, may also:
a) demand replacement of the item with one free from defects;
b) demand removal of the defect.
11.8. The seller is obliged to replace the defective item for a non-defective one or remove it
defect within a reasonable time without undue inconvenience to the consumer.
11.9. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the second possible way to bring it into conformity with the contract.
11.10. In the event that the defective item has been installed, the Consumer may require the Seller to disassemble and reassemble after replacing it with a non-defective one or remove the defect, however, it is obliged to bear part of the costs related to it exceeding the price of the item sold, or may require the Seller to pay part of the cost disassembly and reinstallation, up to the price of the item sold. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.
11.11. The consumer who exercises the rights under the warranty, is obliged at the expense of the Seller to deliver the defective item to the complaint address, and if, due to the type of item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where which thing is. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller.
11.12. The costs of replacement or repair are borne by the Seller, except for the situation described in paragraph 11 point 10 above.
11.13. The Seller is obliged to accept a defective item from the Consumer in the event of exchanging the item for a non-defective one or withdrawing from the contract.
11.14. The seller within fourteen days will respond to:
a) a statement requesting a price reduction;
b) a statement of withdrawal from the contract;
c) request to replace the item with one free from defects;
d) request to remove the defect.
Otherwise, it is considered that he considered the Consumer's statement or request justified.
11.15. The Seller is liable under the warranty if a physical defect is found within two years of the item being handed over to the Consumer, and if the item being sold is used within one year of the item being handed over to the Consumer.
11.16. The Consumer's claim to remove the defect or exchange the item sold for one free of defects expires after one year, counting from the day the defect was found, but not earlier than two years after the item was released to the Consumer, and if the subject of sale is the item used within one year from handing over the item to the Consumer.
11.17. In the event that the expiry date of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before the expiry of that period.
11.18. On the dates specified in para. 11 point 15-17 The consumer may submit a statement of withdrawal from the contract or price reduction due to a physical defect of the item sold, and if the consumer has demanded the exchange of the item for a non-defective one or removal of the defect, the deadline for submitting the statement of withdrawal from the contract or price reduction shall start at the ineffective expiry of the deadline to exchange things or remove the defect.
11.19. In the event of an investigation before a court or arbitral tribunal of one of the rights under the warranty, the time limit for exercising other rights that the Consumer is entitled under this title shall be suspended until the final termination of the proceedings. Accordingly, it also applies to mediation proceedings, where the deadline for exercising other rights under the warranty, entitled to the Consumer, begins to run from the date the court refuses to approve the settlement concluded before the mediator or the ineffective termination of mediation.
11.20. To exercise the rights under the warranty for legal defects of the item sold, paragraph 11 point 15-16 shall apply, except that the time limit begins from the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only on as a result of a third party action - from the day on which the decision issued in the dispute with the third party became final.
11.21. If, due to a defect in things, the Consumer has made a statement of withdrawal from the contract or price reduction, he may request compensation for the damage he suffered because he concluded the contract without knowing about the existence of the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible, in particular, it may demand reimbursement of the costs of concluding the contract, costs of collection, transport, storage and insurance of goods, reimbursement of expenses made to the extent that it has not benefited from them, and has not received their reimbursement from a third party and reimbursement of the costs of the process. This does not prejudice the provisions on the obligation to repair damage on general principles.
11.22. The expiry of any period for identifying a defect does not preclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
11.23. The Seller, if he is obliged to provide or provide a financial benefit to the Consumer, performs it without undue delay, no later than within the period provided for by law.
11.24. Based on Article. 38a of the Act of May 30, 2014 on consumer rights described in these Regulations, the right to withdraw from the contract by the consumer applies to a natural person concluding a contract directly related to his business, when the content of this contract shows that he does not have the right to withdraw from the contract. persons of a professional nature, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
11.25. Based on Article. 385 5 of the Civil Code, provisions on abusive clauses concerning consumers, contained in Art. 385 1 -385 3 of the Civil Code, shall apply to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for it, resulting in particular from the subject of its business activity, made available on on the basis of the provisions on the Central Register and Information on Economic Activity.
11.26. Based on Article. 556 4 of the Civil Code in connection with with art. 558 § 1, second sentence of the Civil Code, under these Regulations, the rights under the warranty are excluded for a natural person concluding a contract directly related to its business activity, if the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject economic activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
11.27. Based on Article. 576 5 of the Civil Code, provisions regarding the consumer, contained in the section - Seller's claim in connection with the defectiveness of the item sold, ie the provisions of art. 576 1 - Art. 576 4 of the Civil Code shall apply to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on Central Register and Information on Economic Activity.
12. PERSONAL DATA PROTECTION
12.1. The administrator of databases of personal data provided by the consumers of the store is the Seller.
12.2. The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of 29 August 1997 and the Electronic Services Act of 18 July 2002. The Buyer, by providing his personal data to the Seller when placing the order, consents to their processing by the Seller for the purpose of completing the order. The buyer has the opportunity to view, amend, update and delete his personal data at any time.
12.3 Personal data is not disclosed by the Seller to other entities for purposes other than specified in point 13.2.
12.4 Personal data is processed and protected in accordance with the Personal Data Protection Act, in a way that prevents access by third parties.
13. FINAL PROVISIONS
13.1. The regulations and the sales contract concluded between the Seller and the Buyer are subject to Polish law.
13.2. Each Buyer is obliged to read the Regulations, and its provisions become binding on the Buyer at the time of placing his order in the Store.
13.3. If any provision of these Regulations or part of the provision is or becomes ineffective, it does not render the remaining provisions ineffective and does not affect the validity of the concluded sales contract. An ineffective provision should be replaced by an appropriate legally permissible provision that best meets the purpose of the invalid provision.
13.4. The Buyer may bring an action against the Seller before a common court having jurisdiction over the place of residence / registered office of the Buyer or Seller. The Seller may bring an action against the Buyer only before a common court having jurisdiction over the place of residence / registered office of the Buyer.
13.5 The Seller may make changes to these Regulations at any time, while these changes may not worsen the situation (rights) of the Buyer whose order is in progress, and has been submitted during the validity of the previous Regulations.
13.6 Regulations apply from 25 December 2014.