These regulations of the online store define the rules for the operation of an online store run under the name “Moi Mili”, at the internet address www.moimili.net, and the conditions for concluding and implementing 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 via the online store, the Buyer has the right, before placing the order, to negotiate all provisions of the contract with the Seller, including those amending the provisions of the following terms and conditions. These negotiations should be conducted via e-mail or in writing and sent to the correspondence address of the Seller: Moi Mili Klaudia Wcisło with its registered office in Warsaw, Bronowska 7D, 03-995 Warsaw. In the event of the Buyer’s resignation from the possibility to conclude a contract by way of individual negotiations, the following terms and applicable law shall apply.
1. INFORMATION ABOUT AN ONLINE STORE
1.1. The online store operating at www.moimili.net is owned by Klaudia Wcisło conducting business under the name Moi Mili Klaudia Wcisło with its registered office in Warsaw, Bronowska 7D, 03-995 Warsaw, entered into the Central Register of Economic Activities kept by the Minister of Economy, holding the number NIP 9930439924, REGON 146627846, hereinafter referred to as the “Seller”.
1.2. Store data:
Alior Bank 98 2490 0005 0000 4530 8923 8415
Store correspondence address:
Moi Mili Klaudia Wcisło
ul. Bronowska 7D
phone number: +48 881 543 398
The deadlines set out below have the following meaning in the Regulations:
“Buyer” – means a store customer, i.e. a natural person with full legal capacity, a legal person or an organizational unit that is not a legal person, the law grants legal capacity, which concludes a contract of sale of goods with the Seller for purposes not directly related to its business activity or professional, that is to satisfy own needs;
“Regulations” – these regulations of the online store “Moi Mili” being the property of the Seller;
“Seller” – has the meaning specified in section 1.1;
“Shop” – means the online store “Moi Mili” owned by the Seller, operating at www.moimili.net selling goods to the Buyers.
“Proof of purchase” – invoice, bill or receipt issued in accordance with the Act on tax on goods and services of March 11, 2004, as amended and other applicable laws.
3. SHOP OFFER
3.1. The Seller sells goods via the Internet 24 hours a day – by completing the form on the store’s website, by e-mail at: www.moimili.net and by phone at +48 881 543 398 between 8-16. The condition to make an order via the Internet is to correctly fill out the order form with address data and make a payment in accordance with these Regulations.
3.2. The names of producers and brands are the intellectual property rights of their owners and are presented in the Store only for informational purposes. The presented products and information about them, including price lists, photos and images of goods, do not constitute advertising or offers within the meaning of the law, and are only trade information about 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 constantly updated.
3.4. The number of goods covered by any promotion in the store is limited. Their sales are carried out on the basis of the order placed, confirmed by the Store, until stocks last.
4. PRICES OF GOODS
4.1. The price of all the goods visible on the websites of the online store www.moimili.net is gross (ie 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 displayed on the website of the store www.moimili.net, as well as descriptions of goods are only commercial information, not an offer within the meaning of the Civil Code. The binding character – for the purpose of concluding a specific contract – is gained only upon confirmation of the order being accepted by the Seller.
4.3 The price given for each commodity is valid until the stock has been used up. 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 website or introduce changes to them. The change in the price of goods does not affect orders accepted for execution and confirmed.
5. CONCLUSION OF THE AGREEMENT AND COMPLETION OF THE ORDER
5.1. The order placement process starts with clicking the “cart” button next to the selected product. The Buyer, after the final selection of the goods he intends to purchase, clicks the “I order” button. The Buyer is then asked to enter his e-mail address, choose the method of delivery and the type of payment. After filling in the necessary information, the Buyer clicks the “continue” button. The Buyer is asked to provide the address to which the ordered goods must be delivered.
5.2. Before the final order is placed, the Buyer may read the information about the order, which includes, among others listing of ordered goods, their unit and total price, the value of any discounts and delivery costs. After filling out the data needed to send the ordered goods, the Buyer clicks the “place an order” button.
5.3. By clicking the “place an order” button, the Buyer submits to the Seller an offer to purchase goods indicated in the order, on terms specified therein and resulting from the Regulations (“placing an order”, “order placed”). An 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 websites, by clicking the “place an order” button, unless the law provides otherwise. Placing an order is not synonymous with its acceptance by the Seller.
5.4. After clicking the “place an order” button, the Seller will generate information about the details of the order, which will be sent to the Buyer’s e-mail address provided in the order form (“order summary message”, “order summary”). Sending the information about the details of the order by the Seller does not constitute the conclusion of the contract, but aims only to inform the Buyer that the order has reached the Store.
5.5. The order summary message also contains a payment request for the amount (price of goods and postage) resulting from the order placed. The Buyer undertakes to pay a sum of money for the order placed, on the terms and dates set out in these Regulations.
5.6. After the Buyer has made the payment, the Seller informs the Buyer by e-mail about the acceptance of the order for execution. The conclusion of the sales contract occurs when the Buyer receives a message from the Seller confirming the acceptance of the order placed for execution. The condition of acceptance of the order placed for execution is the availability of the product in the Store’s warehouse.
5.7. The Seller reserves the right to verify the order in cases where there are reasonable grounds for doubt (eg providing a non-existent delivery address) and if the Buyer does not comply with the provisions of these Regulations. In the event of the above-mentioned situations, the Seller may withdraw from the order, which will be notified to the Buyer by e-mail.
5.8. To place an order, it is necessary to provide the following data by the customer: name and surname, (company name, NIP), delivery address, e-mail address and telephone number enabling verification of the order.
5.9. Before confirming the acceptance of the order for execution 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 accepted by e-mail by the Seller. This shall not affect the Buyer’s rights resulting from the withdrawal.
5.10. The purchased subject of the contract is, along with the sales document selected by the Buyer, sent to the place of delivery selected by the Buyer of the delivery type 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 of the goods.
6. SHIPMENT AND DELIVERY OF GOODS
6.1. The seller realizes orders all over the world by shipment by courier or by Polish Post.
6.2. The delivery of goods takes place, according to the Buyer’s choice in the order placed, by;
a) Polish Post or a courier company,
b) By personal collection after arranging by telephone or e-mail.
6.3. The Buyer bears the cost of shipping, who is informed about the total cost of delivery before submitting the order. Summary of the order containing the 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 given in the order form.
6.4. The buyer should check the condition of the parcel during pickup in the presence of an employee of a courier company or Polish Post. In the case of damage to the shipment, 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 the Seller by e-mail, according to the courier’s tariff.
6.6. The seller does not perform COD shipments.
7. TIME FOR COMPLETION
7.1. Delivery 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 working days from the receipt of the amount due for the given order to the Seller’s bank account.
7.2. Orders placed on a Saturday or Sunday or public holidays are carried out within 3-5 working days counting from the first working day, however, excluding subsequent public holidays.
7.3. The Seller reserves the right to suspend the delivery from the Shop for a definite period, indicated in each case in advance on the website www.moimili.net. Orders will not be processed within this time frame and the order delivery date specified in clause 7.1 will be automatically extended and will start running on the first working day after the deadline indicated.
8.1. The payment method is chosen by the Buyer separately for each order.
8.2. The Buyer may choose the payment as part of ordering from among the following payment methods:
a) via PayPal or tPay secure online payment system
b) transfer to a bank account.
8.3. It is not possible for the Buyer to make a payment by sending a cash or a check.
8.4. In the case of a transfer to a Polish bank account (prepayment), the entire amount indicated in the email confirming the order in the Store should be transferred within 5 working days counted from the date of sending the message summarizing the order referred to in point 5.4 above to the account Bank’s store, along with the transfer title being the same as the order number. The payment shall be deemed made when the Store’s bank account is credited. In the aforementioned period, the ordered goods are covered by the reservation.
8.5. In the event of failure to make the transfer within the above-specified time, the order will be considered as unsold and the offer of the Buyer 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 situations, it is possible to extend the payment period, however, it is necessary to accept such new date by the Seller via 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 by e-mail, invoices, duplicates of these invoices and their corrections, in accordance with the Regulation of the Minister of Finance of December 20, 2012 in on sending invoices in electronic form, rules of their storage and the mode of making them available to the tax authority or tax inspection authority (Journal of Laws of 2010, item 1528).
9. POSSIBILITY OF SAVING, INCLUDING THE CONTRACT TEXT.
9.1. These Regulations can be found on the Store’s website at www.moimili.net / strona / regulamin.
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 order may 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 saving the data contained in the information about the details of the order sent to the email address provided by the Buyer.
10. WITHDRAWAL FROM THE AGREEMENT
10.1. Pursuant to the Act of 30 May 2014 on consumer rights (Journal of Laws of June 24, 2014), the consumer (a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity) who concluded a distance contract or outside the business premises, he has the right to withdraw from the contract within 14 days without giving any reason and without incurring costs, with the exception of the costs specified in art. 33, art. 34 par. 2 and art. 35 of the Act of 30 May 2014 on consumer rights.
10.2. The deadline to withdraw from the contract expires 14 days after the delivery of the item.
10.3. In order to exercise the right of withdrawal from the contract, the Buyer who is a consumer should inform the Seller, giving his name, full mailing address and, if available, telephone number, fax number and e-mail address, of his decision to withdraw from the contract by unambiguous statement in writing. The Buyer may use the model withdrawal form, constituting Annex No. 2 to the Act of 30 May 2014 on Consumer Rights, however, it is not mandatory. The Buyer may also complete and submit the withdrawal form available on the Seller’s website at www.moimili.net. If the Buyer uses this option, the Seller shall immediately send a confirmation of receipt of information about withdrawal from the contract by e-mail to the address indicated by the Buyer. To keep the deadline to withdraw from the contract, it is enough to send information regarding the exercise of the right to withdraw before the deadline.
10.4. In the event of withdrawal from the contract, the contract is considered void and the Seller returns to the Buyer being a consumer all payments received from the Buyer, including costs of delivering goods (except for additional costs resulting from the method chosen by the Buyer other than the cheapest method of delivery 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 Buyer’s right to withdraw from the contract. The Seller shall make the return of the payment using the same payment methods that were used by the Buyer in the original transaction, unless the Buyer agreed to a different solution. The Buyer does not bear any fees associated with the return of payment. The Seller may withhold the return of the payment until receipt of the item or until the Buyer furnishes proof of its return, depending on which event occurs first.
10.5. Exercising the right to withdraw from the contract, the Buyer who is a consumer is obliged to send or deliver the goods to the address of the Seller Moi Mili Klaudia Wcisło, ul. Piłsudskiego 20/5, 33-100 Tarnów immediately, and in any case no later than 14 days from the day on which the Seller received information about the Buyer’s right to withdraw from the contract. The deadline is met if the Buyer sends back the item before the deadline of 14 days. The Buyer bears the direct cost of returning the items. The Buyer is liable only for the decrease in 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 delivering digital content that are not recorded on a tangible medium, if he did not agree to the performance before the deadline to withdraw from the contract or was not informed of the loss of his right to withdraw from the contract at the time of such consent or the Seller did not provide confirmation in accordance with art. 15 para. 1 and art. 21 par. 1 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of June 24, 2014)
10.7. The right to withdraw from the contract is not payable in respect of contracts:
a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer who has been informed before the service begins that after the entrepreneur has fulfilled the benefit he 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 object of the service is a non-prefabricated item, manufactured according to the consumer’s specification or serving to satisfy his individual needs;
d) in which the object of the service is an item subject to rapid deterioration or having a short shelf-life;
e) in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
f) in which the object of the service are items which 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 was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
h) in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those whose performance the consumer demanded, or supplies things other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is entitled to the consumer with regard to additional services or items;
i) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
j) for delivering newspapers, periodicals or magazines, with the exception of a subscription agreement;
k) concluded through a public auction;
l) for the provision of accommodation services, other than for residential purposes, transport 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 delivery of digital content that is not recorded on a tangible medium, if the fulfillment of the service started with the consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
11. COMPLAINT PROCEDURES AND CONDITIONS OF WARRANTY
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 the delivery of the item, it is assumed that it existed at the time the danger passed on to the Consumer.
11.4. The Consumer, if the item sold has a defect, may:
a) submit a statement requesting a price reduction;
b) submit a statement on withdrawal from the contract;
unless the Seller immediately and without excessive inconvenience for the Consumer exchanges the defective item for a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the item for free from defects or to remove the defect, he is not entitled to replace the item or remove the defect.
11.5. Consumer, instead of the defect proposed by the Seller, demand replacement of the item for free from defects, or instead of replacing things, demand removal of the defect, unless bringing things to compliance with the contract in a manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, while the cost of things free of defects is taken into account when assessing the cost overruns, the nature and significance of the defect found, and the inconvenience to which the Consumer is exposed way of satisfying.
11.6. The Consumer can 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 free from defects;
b) demand removal of the defect.
11.8. The Seller is obliged to replace the defective item with one free of defects or remove the defect in a reasonable time without excessive inconvenience to the Consumer.
11.9. The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the defective item into conformity with the contract in a manner chosen by the buyer or would require excessive costs compared to the second possible way to bring it into compliance with the contract.
11.10. If the defective item has been installed, the Consumer may demand the disassembly and re-installation after replacement for a defect-free one or removal of the defect, however it is obliged to bear some of the related costs exceeding the price of the sold item or may demand from the Seller a part of the costs disassembly and reassembly, up to the price of the item sold. In the event of failure to fulfill the obligation by the Seller, the Consumer is authorized 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 to provide the defective at the expense of the Seller, and if, due to the type of thing or the method of its installation, delivery of things by the Consumer would be excessively difficult, the Consumer is obliged to provide the Seller with the place in which thing is. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to send back the items 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 from the Consumer a defective item in the event of replacing the item for free from defects or withdrawal from the contract.
11.14. The Seller will respond within fourteen days to:
a) statement about the demand for price reduction;
b) declaration of withdrawal from the contract;
c) demanding the exchange of goods for one free from defects;
d) request removal of the defect.
Otherwise, it is considered that he considered the Consumer’s statement or demand justified.
11.15. The Seller is liable under the warranty if the physical defect is found before the expiration of two years from the date of delivery of the item to the consumer, and if the object of sale is used before the expiry of one year to the consumer.
11.16. The Consumer’s claim to remove the defect or exchange the item sold for free from defects expires after a year, counting from the date of finding the defect, however, not earlier than within two years from the moment the Consumer issues the item, and if the object of sale is used within one year from the moment release of items to the Consumer.
11.17. In the event that the expiry date specified by the Seller or the manufacturer ends after two years from the delivery of the item to the Consumer, the Seller is responsible for the physical defects of this item stated before the expiry of that period.
11.18. Within the time limits set out in paragraph 11, points 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 requested replacement of the item free from defects or removal of the defect, the deadline for submitting a declaration of withdrawal from the contract or price reduction begins at the moment of ineffective expiry of the deadline for replacing the item or removing 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 due to the Consumer under this warranty is suspended until the final conclusion of the proceedings. It also appropriately applies to mediation proceedings, while the time limit for exercising other rights under the warranty vested in the Consumer begins to run from the date of refusal by the court to approve the settlement concluded before the mediator or ineffective termination of mediation.
11.20. To exercise the rights under the warranty for legal defects of the item sold, paragraph 11, points 15-16 applies, except that the period starts from the day on which the Consumer learned about the existence of the defect, and if the Consumer learned of the defect only on the result of a third party’s action – from the date on which the decision issued in a dispute with a third party became final.
11.21. If, due to a defect of things, the Consumer has made a declaration of withdrawal from the contract or a price reduction, he may demand compensation for the damage suffered because he entered into a contract without knowing the defect, even if the damage was due to circumstances for which the Seller is not liable, in particular, it may demand reimbursement of the costs of concluding the contract, costs of collecting, transporting, storing and insuring the thing, reimbursement of the expenses incurred to the extent that it did not benefit them, and did not receive reimbursement from the third party and reimbursement of the process costs. This does not prejudice the provisions on the obligation to repair damage on general principles.
11.22. The expiration of any period for finding a defect does not exclude the exercise of rights under the warranty if the Seller has concealed the defect veiled.
11.23. If the Seller is obliged to provide financial support to the Consumer, he shall perform them without undue delay, no later than the date provided for by law.
12. PROTECTION OF PERSONAL DATA
12.1. The administrator of the personal databases 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 August 29, 1997 and the Act on electronic services of July 18, 2002. The Buyer giving his personal data to the Seller when placing the order agrees to their processing by the Seller in order to complete the order. The Buyer has the ability to view, correct, update and delete their personal data at any time.
12.3 Personal data is not made available by the Seller to other entities for purposes other than those specified in point 13.2.
12.4. Personal data are processed and protected in accordance with the Personal Data Protection Act in a way that prevents access to third parties.
13. FINAL PROVISIONS
13.1. 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 for the Buyer at the time of placing an order in the Store.
13.3. If any provision of these Regulations or part of the provision is or will be ineffective, this shall not result in the ineffectiveness of the remaining provisions and shall not affect the validity of the concluded sales agreement. The provision that is ineffective should be replaced by a legally acceptable 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 with jurisdiction over the place of residence / registered office of the Buyer or the Seller. The Seller may bring an action against the Buyer only before a common court having jurisdictional and local jurisdiction over the place of residence / registered office of the Purchaser.
13.5 The Seller may make changes to these Regulations at any time, but these changes shall not affect the situation (rights) of the Buyer whose order has been placed and has been submitted during the period of validity of the previous Regulations.
13.6 The Regulations are effective from December 25, 2014.