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Regulations of the MIA Warsaw online store

MIA Warsaw Małgorzata Nieciecka-Sosińska Aleksandra Chmielewska Civil Company with its headquarters in Warsaw, Grójecka 42/5 02-320 Warsaw; REGON 385214352 and NIP 7010964453.

Below you will find the terms and conditions, which include information on how to place an order leading to the conclusion of a contract, details of the implementation of the contract, the forms of delivery and payment available in the store, the procedure for withdrawal from the contract, or complaint proceedings.

If you have any comments, questions or doubts, we are at your disposal at kontakt@miawarsaw.pl.

We send our greetings and wish you a successful shopping experience

MIA Warsaw online store team

§ 1

Definitions

For the purposes of these Regulations, the following terms shall have the following meanings:

1) Buyer - a private person, a legal person or a handicapped legal person,

2) Consumer - a private person concluding with the Seller a sales contract not directly related to his business or professional activity,

3) Regulations - these Regulations, available at https://miawarsaw.pl/content/3-regulamin.

4) Shop - an online shop operating at https://miawarsaw.pl.

5) Seller - MIA Warsaw Małgorzata Nieciecka-Sosińska Aleksandra Chmielewska Civil Company with its headquarters in Warsaw, Grójecka 42/5 02-320 Warsaw; REGON 385214352 and NIP 7010964453.

§ 2

Preliminary provisions

Through the Store, the Seller conducts retail sales, while providing services to buyers via electronic means. Through the Shop, the Buyer may purchase products shown on the Shop's pages.

The Regulations set out the terms and conditions of use of the Store, as well as the rights and obligations of the Seller and the Buyers.

In order to use the Shop, including in particular to make a purchase in the Shop, it is not necessary for the Buyer's computer or another device to meet specific technical conditions. They are sufficient: 

1) Internet access,

2) standard operating system,

3) a standard web browser,

4) having an active e-mail address.

The Buyer cannot make a purchase in the Shop anonymously or under a nickname.

It is forbidden to provide illegal content while using the Shop, in particular by sending such content through the forms available in the Shop.

All prices of the products listed in the Shop's pages are gross prices.

§ 3

Services provided by electronic means

Through the Store, the Seller provides services to the Buyer by electronic means.

 The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store leading to the conclusion of an agreement with the Seller. Placing an order is possible without having an account in the Store.  

If the Buyer decides to create an account in the Store, the Seller shall also provide the Buyer with an electronic service consisting in creating and maintaining an account in the Store. The account stores the Buyer's data and the history of orders placed by him in the Store. The Buyer logs into the Account using his e-mail address and password defined by him. 

Creating an account in the Store is done by selecting an appropriate checkbox during the order placement process or by filling in a separate account registration form available in the Store. The Buyer may remove the account at any time by sending an appropriate request to the Seller. Removal of the account shall not remove information about orders placed using the account, which information shall be kept by the Seller at all times during the operation of the Store, unless the Buyer earlier opposes the storage of this information and the Seller has no overriding interest in its storage.

If the Buyer decides to subscribe to the newsletter, the Seller shall also provide the Buyer with an electronic service consisting in sending the Buyer e-mails containing information about the Seller's news, promotions, products or services. Subscribing to the newsletter is done by completing and sending a newsletter subscription form or by selecting an appropriate checkbox during the order placement process. The Buyer may at any time resign from receiving the newsletter by clicking on the resignation button visible in each message sent as part of the newsletter or by sending an appropriate request to the Seller.

 Services are provided by electronic means to the Buyer free of charge. However, sales contracts, contracts for the delivery of digital content, contracts for participation in stationary training and contracts for consultations concluded through the Store are charged.

In order to ensure the security of the Buyer and data transfer in connection with the use of the Shop, the Seller shall take technical and organisational measures appropriate to the degree of risk to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.

The Seller shall take action to ensure that the Shop operates fully correctly. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Shop.

Any complaints related to the functioning of the Shop can be submitted by the Buyer via e-mail to kontakt@miawarsaw.pl. In the complaint, the Buyer should specify the type and date of occurrence of irregularities related to the functioning of the Shop. The Seller will consider all complaints within 30 days of receipt of the complaint and will inform the Customer of its resolution to the e-mail address of the complainant.

§ 4

Placing an order

The buyer can place an order as a registered customer.

 A registered customer is a Buyer who has an account in the Store. A Buyer may create an account by selecting an appropriate checkbox during the order placement process or by filling in an independent account registration form available in the Store.

If the Buyer has an account in the Store, he should log in to it before placing an order. Logging in is also possible while placing an order by clicking on the link available within the displayed message.  

Placing an order is done by filling in the order form after adding products, digital content or services of interest to the shopping cart. In the form it is required to provide the data necessary to complete the order. At the phase of placing an order there is also a selection of the method of delivery of the ordered products and the method of payment for the order. The condition for placing an order is the acceptance of the Regulations, with which the Buyer should be previously acquainted. In case of any doubts regarding the Regulations, the Buyer may contact the Seller.

The process of placing an order ends with a click on the button which finalizes the order. Clicking the button finalizing the order represents a declaration of will of the Buyer leading to the conclusion of a sales contract with the Seller,

If the Buyer has chosen online payment when placing an order, after clicking on the finalisation button, the order will be redirected to the payment gateway operated by an external payment operator to pay for the order. If the Buyer has chosen to pay by bank transfer, after clicking on the button finalizing the order will be redirected to the Store's website with the order confirmation and payment instructions. Payment for the order should be made within 7 from the conclusion of the contract.

In the order form the Buyer must provide true personal data. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or where such data raise justified doubts of the Seller as to their correctness. In such a case the Buyer shall be informed by phone or e-mail about the Seller's doubts. In such a situation, the Buyer shall have the right to explain all circumstances related to verification of the correctness of the given data. In case of lack of data allowing the Seller to take up contact with the Buyer, the Seller shall provide all explanations after taking up contact by the Buyer.

The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such a right according to paragraph 7 above.

§ 5

Delivery and payment

Delivery options are described on the Store's website and presented to the Buyer at the order placement stage. The cost of delivery of the order shall be covered by the Buyer, unless the Seller indicates otherwise on the Store's website. The Seller has the right to decide to divide the order into several separate shipments without incurring additional costs by the Buyer.

The available methods of payment for an order are described on the Store's website and presented to the Buyer at the stage of placing an order.

Electronic payments, including payment card payments, are operated by PayU SA z siedzibą w Poznaniu, 60-166 Poznań, przy ul. Grunwaldzkiej 186, krajowa instytucja płatnicza, nadzorowana przez Komisję Nadzoru Finansowego, wpisana do Rejestru usług płatniczych pod numerem IP1/2012, wpisana do rejestru przedsiębiorców prowadzonego przez Sąd Rejonowy w Poznaniu – Nowe Miasto i Wilda w Poznaniu, Wydział VIII Gospodarczy Krajowego Rejestru Sądowego pod numerem KRS 0000274399, o kapitale zakładowym w wysokości 4.944.000 PLN, w całości opłaconym, posiadająca numer identyfikacji podatkowej NIP: 779-23-08-495, REGON 300523444.

If the Buyer has asked for an invoice, it will be delivered to the Buyer electronically, to the e-mail address given in the order form.

§ 6

Order processing

Execution of an order including physical products involves completing the ordered products, packing them for delivery to the Buyer and sending the shipment to the Buyer in accordance with the form of order delivery chosen by the Buyer.

The order shall be considered completed at the moment of sending the package to the Buyer (entrusting the package to a carrier engaged in transport).

The delivery time is always specified for each product. Ordered products should be delivered to the Consumer within 30 days, unless a longer period has been clearly indicated by the Seller in the product description. In such a situation, by placing an order, the Buyer agrees to a longer term of order execution resulting from the product description.

If the Buyer has ordered products with a different lead time indicated, binding for the Seller the date of realization of the whole order is the longest of all the products included in the order, where the Seller may propose the division of the order into several independent shipments for the purpose of speeding up the realization time in regard to some products.

§ 7

Withdrawal from the Consumer's contract

A consumer who has concluded a remote contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the purchased items.

Starting from 01.06.2020, the right to withdraw from the contract under the rules described in this paragraph and resulting from the Act on Consumer Rights is also entitled to a physical person concluding with the Seller an agreement directly related to his or her business activity, if the content of this agreement shows that he or she does not have a professional character for this person, resulting in particular from the subject of his or her business activity, made available on the basis of the regulations on Central Register and Information on Business Activity. Therefore, when this paragraph refers to the Consumer's rights, starting from 01.06.2020 these rights also apply to a person who meets the mentioned criteria.

In order to withdraw from the contract, the Consumer must inform the Seller of his decision to withdraw from the contract by means of an unequivocal statement - for example, a letter sent by post, fax or e-mail.

In order to keep the deadline to withdraw from the contract, it is sufficient for the Consumer to send information concerning the execution of the right to withdraw from the contract before the deadline to withdraw from the contract expires.

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 not later than 14 days from the day on which he withdrew from the contract, unless the Seller offered to collect the item himself. To keep the deadline, it is sufficient to return the product before its expiry.

The consumer shall bear the direct costs of returning the goods.

In case of withdrawal from the contract, the Seller shall return to the Consumer all payments received from the Consumer, including the cheapest cost of delivery of products (if the cost was covered by the Consumer) immediately, and in any case no later than 14 days from the day on which the Seller was informed about exercising the right of withdrawal. The return of payment shall be made using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer explicitly agreed to another solution. In any case, the Consumer shall not be charged any fees in connection with the form of payment return.

If the Seller has not offered to collect the item from the Consumer himself, he 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.

The Consumer is responsible for any decrease in the value of the product resulting from the use of the product beyond what is necessary to determine the nature, characteristics and functions of the product.

§ 8

Responsibility for defects

The Seller is obliged to deliver to the Buyer a product free from defects.

The Seller is responsible to the Buyer if the product sold has a physical or legal defect (warranty for defects).

If the product sold has a defect, the Buyer may:

1) require that the product be replaced with a defect-free one,

2) demand the removal of the defect,

3) make a declaration of price reduction,

4) submit a statement of withdrawal from the contract.

If the Buyer finds a defect in the product, he should inform the Seller about it, specifying at the same time his claim related to the defect found or making a statement of appropriate content.

The buyer can contact the Seller both by traditional mail and by e-mail.

The Seller shall respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint by means of such communication as was used to submit the complaint. 

Details concerning the Seller's warranty for defects are regulated by the Civil Code (Articles 556 - 576).

Starting from 01.06.2020, the regulations in the scope of the Seller's warranty for defects of the sold item concerning the Consumers shall also apply to a physical person concluding with the Seller an agreement directly related to his or her business activity, if the content of the agreement indicates that he or she does not have a professional character for that person, resulting in particular from the subject of his or her business activity, made available on the basis of the regulations on Central Register and Information on Business Activity.

§ 9

Personal data and cookies files

The Seller is the administrator of Buyer's personal data.

The Buyer's personal data are processed for the following purposes and on the following legal basis:

a. conclusion and execution of the agreement - art. 6 ust. 1 lit. b RODO,

b. implementation of tax and accounting obligations - art. 6 ust. 1 lit. c RODO,

c. defense, investigation or determination of claims related to the contract, which is a legitimate interest pursued by the Seller - art. 6 ust. 1 lit. f RODO,

d. identification of the returning customer, which is a legitimate interest pursued by the Seller - art. 6 ust. 1 lit. f RODO,

e. handling of inquiries directed by the Buyers not yet leading to the conclusion of a contract, which is a legally justified interest realized by the Seller - art. 6 ust. 1 lit. f RODO,

f. sending of the newsletter, after prior consent - art. 6 ust. 1 lit. a RODO.

The recipients of Buyer's personal data are: courier companies, tax offices, accounting office, law firm, hosting provider, invoicing system supplier, CRM system supplier, mailing system supplier, logistics company.

Due to the use of the MailChimp mailing system, personal data of Buyers who subscribe to the newsletter are transferred to the United States of America (USA) in connection with their storage on servers located in the USA. The MailChimp system provider guarantees an appropriate level of personal data protection through appropriate compliance mechanisms (Privacy Shield).

The Buyer's personal data is stored in the Seller's database at all times of business activity in order to ensure the identification of the returning customer, but the Buyer may oppose this by requesting the removal of his data from the Seller's database. If such an objection is made before the expiry of the period of limitation of claims from the concluded contract, the Seller will have an overriding interest in storing Buyer's data until the expiry of the period of limitation of claims. Accounting documentation containing Buyer's personal data is stored for the period required by law. 

Buyer's rights related to the processing of personal data: the right to demand from the Seller access to personal data, its correction, deletion, restriction of processing, the right to object to the processing, the right to transfer data, the right to lodge a complaint with the Chairman of the Office for Personal Data Protection.

Providing personal data by the Buyer is voluntary, but necessary to contact the Seller, create a user account, conclude a contract or subscribe to a newsletter. 

The store uses cookie technology.

Details related to personal data and cookies are described in the privacy policy available at https://miawarsaw.pl/content/6-polityka-prywatnosci.

§ 10

Intellectual property rights

The Seller hereby instructs the Buyer that the content available on the Store's websites and elements of physical products (e.g. graphic designs) may constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights to which the Seller is entitled.

The Seller hereby instructs the Buyer that further distribution of copyrighted content by the Buyer without the Seller's consent, except for the use of the content within the framework of permitted personal use, constitutes a violation of the copyright of the Seller and may result in civil or criminal liability.

§ 11

Out-of-court complaint handling and claim enforcement

The Seller agrees to submit to possible disputes arising in connection with the sale of goods through mediation proceedings. Details shall be determined by the parties to the conflict.

The Consumer has the opportunity to take advantage of out-of-court complaint handling and claiming. Among other things, the Consumer has the possibility:

1) to apply to a permanent amicable consumer court to resolve a dispute arising from a concluded sale agreement,

2) request the Regional Inspector of Commercial Inspection to initiate mediation proceedings in order to amicably end the dispute between the Buyer and the Seller,

3) to use the assistance of a district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection.

For more detailed information on out-of-court complaint handling and redress, the Consumer can look at http://polubowne.uokik.gov.pl.

The Consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract.

§ 12

Final statements

The Seller reserves the right to introduce and cancel offers, promotions and to change prices of products in the Store without affecting the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change is made.

The Seller reserves the right to introduce changes in the Regulations without affecting the rights acquired by the Buyer on the basis of contracts concluded before the Regulations were changed. The Buyer, who has a registered user account, will be informed about any change in the Regulations by sending a message to the e-mail address assigned to the user account. In case of lack of acceptance of the new Regulations, the Buyer may remove his user account free of charge.

All disputes related to contracts concluded through the Store shall be considered by the Polish common court having jurisdiction over the place of permanent business activity of the Seller. This regulation shall not apply to Consumers for whom the jurisdiction of the court is considered on general principles. Starting from 01.06.2020, this statement shall also not apply to a physical person concluding with the Seller an agreement directly related to his business activity, if the content of this agreement shows that he does not have a professional character for this person, resulting in particular from the subject of his business activity, made available on the basis of the regulations on Central Register and Information on Business Activity - in case of such a person, the jurisdiction of the court is considered on general principles.

These Regulations are valid from 21.04.2020.

All archival versions of the Terms and Conditions are available for download in .pdf format - links are provided below.