Regulations
These online store regulations define the principles of operation of the online store run under the name "Moi Mili", at the internet address moimili.com, 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 to negotiate all provisions of the contract with the Seller, including those changing the provisions of the following regulations, before placing the order. These negotiations should be conducted by e-mail or in writing and directed to the Seller's correspondence address: Moi Mili Klaudia Wcisło, based in Warsaw, Bronowska 7D, 03-995 Warsaw. If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following regulations and relevant legal provisions shall apply.
1. INFORMATION ABOUT THE ONLINE STORE
1.1. The online store operating at moimili.com is the property of Klaudia Wcisło, who runs a business under the name of Moi Mili Klaudia Wcisło, based in Warsaw, Bronowska 7D, 03-995 Warsaw, entered into the Central Register of Economic Activities kept by the Minister of Economy, with the number NIP 9930439924, REGON 146627846, hereinafter referred to as the "Seller".
1.2. Store data:
Store correspondence data:
Moi Mili Klaudia Wcisło
ul. Bronowska 7d
03-995 Warszawa
e-mail: info@moimili.com
contact phone: +881 543 398
2. GLOSSARY
The terms presented below have the meaning given to them below in the Regulations:
"Buyer" - means a customer of the store, i.e. a natural person with full legal capacity, a legal person or an organizational unit that is not a legal person, which the law grants legal capacity, which concludes a contract for the sale of goods with the Seller for a purpose not directly related to its business or professional, that is, to meet one's own needs;
"Regulations" - means these regulations of the online store "Moi Mili" owned by the Seller;
"Seller" - has the meaning set out in point 1.1;
"Store" - means the online store "Moi Mili" 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 Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.
3. STORE OFFER
3.1. The seller sells goods via the Internet around the clock - by filling out the form on the store's website, by e-mail at: www.moimili.net and by phone at +48 881 543 398 between 8 am and 4 pm. The condition for placing an order via the Internet is the correct completion of the order form with address data and payment in accordance with these Regulations.
3.2. The names of manufacturers and brands constitute the intellectual property rights of their owners and are presented in the Store for information 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 slightly differ 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 a possible promotion in the Store is limited. Their sale is carried out on the basis of the order of orders placed, confirmed by the Store, until stocks are exhausted.
4. PRICES OF GOODS
4.1. The price of all goods visible on the website of the online store moimili.com is gross (ie includes VAT) and is expressed in Euro. The prices of goods do not include delivery costs, which are determined according to a separate delivery price list.
4.2 The prices displayed on the website of the store moimili.com, as well as the descriptions of the goods, constitute only commercial information and not an offer within the meaning of the Civil Code. They are binding - for the purposes of concluding a specific contract - only upon confirmation of the order being accepted by the Seller.
4.3 The price given for each product is valid until stocks are exhausted. The store reserves the right to change the prices of goods on offer, to introduce new goods to the store's offer, to carry out and cancel promotional campaigns on the store's website, or to introduce changes to them. Changing the price of goods does not affect the orders accepted for execution and confirmed.
5. CONCLUSION OF THE CONTRACT AND FULFILLMENT OF THE ORDER
5.1. The ordering process starts with a click 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, choose the method of delivery and the type of payment. After filling in the necessary information, the Buyer clicks the "go forward" button. The buyer is asked to provide the address to which the ordered goods should be delivered.
5.2. Before placing the final order, the Buyer may read the information regarding the order being placed, which includes, among others, calculation of ordered goods, their unit and total price, value of any discounts and delivery costs. After filling in the data needed to ship 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 the goods indicated in the order, on the terms specified therein and resulting from the Regulations ("placing an order", "order placed"). 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 filled in by the Buyer and sent to the Seller using the system and mechanisms contained on the Store's pages, by clicking the "place an 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 an 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 information about the details of the order by the Seller does not constitute the conclusion of the contract, but is only intended to inform the Buyer that the order has been delivered to the Store.
5.5. The message summarising the order also includes a request to pay the amount (price of goods and shipping charges) resulting from the order. The Buyer undertakes to pay the amount of money related to the order placed, on the terms and within the time limits set out in these Regulations.
5.6. After the Buyer makes the payment, the Seller informs the Buyer by e-mail about the acceptance of the order for execution. The conclusion of the sales contract takes place when the Buyer receives a message from the Seller confirming the acceptance of the order for execution. The condition for accepting 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 raising reasonable doubts (e.g. providing a non-existent delivery address) and in the event of non-compliance by the Buyer with the provisions of these Regulations. In the event of the above-mentioned situations, the Seller may withdraw from the order, about which the Buyer will be informed 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, tax identification number), delivery address, e-mail address and telephone number enabling the verification of the order.
5.9. Before confirming the acceptance of the order for execution by the Seller, the Buyer may submit a correction to the order by e-mail to the following address: info@moimili.com, and for its validity such a correction must be accepted by e-mail by the Seller. This does not affect the Buyer's rights resulting from the withdrawal.
5.10. The purchased subject of the contract is, together with the sales document selected by the Buyer, sent with 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 of the goods.
6. SHIPPING AND DELIVERY OF GOODS
6.1. The seller carries out orders all over the world by shipping by courier or Polish Post.
6.2. The delivery of goods takes place, at the Buyer's choice in the placed order, by means of;
a) Poczta Polska or a courier company,
b) By personal collection after prior appointment by phone or e-mail.
6.3. The cost of shipping 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 shipment upon receipt in the presence of an employee of the courier company or Polish Post. In the event of damage to the shipment, the Buyer is obliged to report this fact to the courier and draw up a complaint protocol and inform the Store about 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 company's tariff.
6.6. Customs Duties and Export Charges for Non-EU Countries
For orders shipped to countries outside the European Union, the Customer shall bear full responsibility for the payment of any and all customs duties, import taxes, and other charges imposed by the competent authorities in the country of destination. In the event that the Customer refuses to accept delivery of the shipment due to the imposition of such charges, any refund due shall be reduced by the amount of costs and fees charged to the Seller by the relevant customs authorities and/or the courier service provider.
6.7. The Seller does not deliver COD shipments.
7. TIME OF ORDER COMPLETION
7.1. Order fulfillments time is the time it takes to prepare your order for shipment. The Seller undertakes to make due efforts to ensure that it takes up to 3-10 working days from the moment the amount due for the order is received to the Seller's bank account.
7.2. Orders placed on Saturday or Sunday, or public holidays, are processed within 3-5 working days from the first working day, but excluding subsequent public holidays.
7.3. The Seller reserves the right to suspend the delivery from the Store for a specified period of time, indicated in each case in advance on the website moimili.com. The orders will not be processed within the specified time limit, and the order processing time specified in point 7.1 is automatically extended and begins to run on the first working day after the indicated date.
8. PAYMENT
8.1. The payment method is selected by the Buyer separately for each order.
8.2. The buyer may choose to pay when placing the order from the following payment methods:
a) via the 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 (prepayment), the entire amount indicated in the e-mail confirming the order in the Store should be transferred within 5 working days from the date of sending the Buyer the message summarising the order, referred to in point 5.4 above, to the account Store's bank account, along with the transfer title, which is also the order number. The payment is considered to be made when the Store's bank account is credited. The ordered goods are subject to reservation within the above-mentioned period.
8.5. If the transfer is not made within the above-mentioned period, the order will be considered as not submitted, and the Purchaser's offer to purchase will expire, which results in the cancellation of the order and the expiry of the reservation.
8.6. The seller confirms receipt of the payment for the order by e-mail.
8.7. In exceptional cases, it is possible to extend the payment date, but for its validity it is necessary for the Seller to accept such a new date 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 December 20, 2012 in on sending invoices in electronic form, rules for their storage and the procedure for making them available to the tax authority or the fiscal control authority (Journal of Laws 2010, item 1528).
9. POSSIBILITY TO WRITE, FROM THE TEXT OF THE AGREEMENT.
9.1. These Regulations can be found on the Store's website at moimili.com / website / 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 order placed 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 order details sent to the e-mail address provided by the buyer.
10. WITHDRAWAL FROM THE AGREEMENT
10.1. In accordance with the Act of May 30, 2014 on consumer rights (Journal of Laws of June 24, 2014), a consumer (a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity), who concluded a distance contract or off-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 sec. 2 and art. 35 of the Act of May 30, 2014 on consumer rights.
10.2. The deadline to withdraw from the contract expires after 14 days from the date of delivery of the item.
10.3. To exercise the right to withdraw from the contract, the Buyer who is a consumer should inform the Seller, providing his name, full postal address and, if available, telephone number, fax number and e-mail address, of his decision to withdraw from the contract by an unequivocal statement. in writing. The buyer may use the model withdrawal form, constituting Annex 2 to the Act of 30 May 2014 on consumer rights, but it is not obligatory. The buyer may also complete and send the withdrawal form available on the Seller's website moimili.com. If the Buyer uses this option, the Seller will immediately send a confirmation of receipt of information about withdrawal from the contract by e-mail to the address indicated 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 cost of delivering the item (except for additional costs resulting from the method of delivery chosen by the Buyer other than the cheapest standard delivery method offered by the Seller) , immediately, and in any case not later than 14 days from the date on which the Seller received information about the exercise by the Buyer of the right to withdraw from the contract. The reimbursement is made by the Seller 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 related to the return of the payment. The Seller may withhold the reimbursement until receipt of the goods or until the Buyer provides proof of its return, whichever occurs first.
10.5. When exercising the right to withdraw from the contract, the Buyer who is a consumer is obliged to send or hand over the goods to the address of the Seller Moi Mili Klaudia Wcisło, Piłsudskiego 20/5, 33-100 Tarnów immediately, and in any case not later than 14 days from the date 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 back the item before the expiry of the 14-day period. The buyer bears the direct cost of returning the items. The buyer is responsible 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 is 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 about the loss of his right to withdraw from the contract at the time of giving such consent or The seller did not provide confirmation in accordance with Art. 15 sec. 1 and art. 21 paragraph 1 of the Act of May 30, 2014 on consumer rights (Journal of Laws of June 24, 2014)
10.7. The right to withdraw from the contract does not apply 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 commencement of the service that after the entrepreneur has fulfilled the service, 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 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 that deteriorates quickly or has a short shelf-life;
e) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
f) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
g) in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the entrepreneur has no control;
repairs or maintenance; if the entrepreneur provides additional services other than those provided
h) in which the consumer has expressly demanded that the entrepreneur come to him for urgent repairs or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract 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 package has been opened after delivery;
j) for the delivery of 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, 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 the delivery of digital content that is not recorded on a tangible medium, if the performance began 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 WARRANTY CONDITIONS
11.1. The Seller is obliged to provide the Buyer with an item free from defects.
11.2. The Seller is liable to the Consumer under the terms of 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 has been found within one year from the date of delivery of the item, it is assumed that it existed at the time the risk passed on to the consumer.
11.4. If the item sold has a defect, the Consumer may:
a) submit a statement requesting a price reduction;
b) submit a declaration 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 replace the item with a non-defective one or remove the defect, he is not entitled to replace the item or remove the defect.
11.5. The Consumer may, instead of the removal of the defect proposed by the Seller, demand that the item be replaced with a non-defective one, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into conformity with the contract in a manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Seller , however, when assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would be exposed to another
way to satisfy.
11.6. The consumer cannot withdraw from the contract if the defect is irrelevant.
11.7. If the item sold has a defect, the Consumer may also:
a) demand that the item be replaced with one that is free from defects;
b) demand that the defect be removed.
11.8. The seller is obliged to replace the defective item with 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 it is impossible to bring the defective item into conformity with the contract in the manner chosen by the Buyer 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 request the Seller to disassemble and reinstall after replacing it with a defect-free one or removing the defect, but is obliged to bear some of the related costs exceeding the price of the item sold or may require the Seller to pay part of the costs. disassembly and reassembly, 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 to deliver the defective item to the address of the complaint at the expense of the Seller, 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 the thing is. In the event of failure by the Seller to fulfil the obligation, the Consumer is entitled to return the goods 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 the defective item from the Consumer in the event of replacement of the item with a non-defective one or withdrawal from the contract.
c) requests to replace the item with one free from defects;
d) demand that the defect be removed.
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 from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the date of delivery of the item to the Consumer.
11.16. The Consumer's claim for the removal of the defect or replacement of the item sold for one free from defects expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from delivering the item to the Consumer.
11.17. In the event that the use-by date 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 that date.
11.18. Within the time limits specified in sec. 11 points 15-17 The consumer may submit a declaration 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 with a non-defective one or removal of the defect, the time limit for submitting a declaration of withdrawal or price reduction begins when the deadline for replacing the item or removing the defect expires.
11.19. In the event of an investigation before a court or an arbitration court for one of the rights under the warranty, the time limit for the exercise of other rights due to the Consumer in this respect is suspended until the final conclusion of the proceedings. It also applies accordingly to the procedure
mediation, but the time limit for the exercise of other rights under the warranty, due to the Consumer, begins to run from the date of the court's refusal to approve the settlement concluded before the mediator or the unsuccessful completion of the mediation.
11.20. To exercise the rights under the warranty for legal defects of the sold item, section 11 points 15-16 shall apply, however the period starts from the day on which the Consumer learned about the defect, and if the Consumer learned about the defect only on effect of an action of a third party - from the date on which the judgment issued in a dispute with a third party becomes final.
11.21. If, due to a defect in the item, the Consumer submitted a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered because he concluded the contract, not knowing about the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible, in particular, he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring goods, reimbursement of expenditure to the extent that he did not benefit from them, and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to repair the damage on general principles.
11.22. The expiry of any deadline for finding a defect does not exclude 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 financial services to the Consumer, will perform them without undue delay, no later than within the time limit provided for by law.
11.24. Based on Article. 38a of the Act of 30 May 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 prohibited clauses concerning the consumer, 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 his business activity, if the content of this contract shows that he does not have a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity
c) requests to replace the item with one free from defects;
d) demand that the defect be removed.
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 from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the date of delivery of the item to the Consumer.
11.16. The Consumer's claim for the removal of the defect or replacement of the item sold for one free from defects expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from delivering the item to the Consumer.
11.17. In the event that the use-by date 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 that date.
11.18. Within the time limits specified in sec. 11 points 15-17 The consumer may submit a declaration 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 with a non-defective one or removal of the defect, the time limit for submitting a declaration of withdrawal or price reduction begins when the deadline for replacing the item or removing the defect expires.
11.19. In the event of an investigation before a court or an arbitration court for one of the rights under the warranty, the time limit for the exercise of other rights due to the Consumer in this respect is suspended until the final conclusion of the proceedings. It also applies accordingly to the procedure
mediation, but the time limit for the exercise of other rights under the warranty, due to the Consumer, begins to run from the date of the court's refusal to approve the settlement concluded before the mediator or the unsuccessful completion of the mediation.
11.20. To exercise the rights under the warranty for legal defects of the sold item, section 11 points 15-16 shall apply, however the period starts from the day on which the Consumer learned about the defect, and if the Consumer learned about the defect only on effect of an action of a third party - from the date on which the judgment issued in a dispute with a third party becomes final.
11.21. If, due to a defect in the item, the Consumer submitted a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered because he concluded the contract, not knowing about the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible, in particular, he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring goods, reimbursement of expenditure to the extent that he did not benefit from them, and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to repair the damage on general principles.
11.22. The expiry of any deadline for finding a defect does not exclude 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 financial services to the Consumer, will perform them without undue delay, no later than within the time limit provided for by law.
11.24. Based on Article. 38a of the Act of 30 May 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 prohibited clauses concerning the consumer, 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 his business activity, if the content of this contract shows that he does not have a professional nature for that person, resulting in particular from the subject of his business activity, 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 concerning the consumer, contained in the section - Claim of the seller in connection with the defectiveness of the item sold, i.e. 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 his business activity, when the content of this contract shows that he does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
12. PROTECTION OF PERSONAL DATA
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 August 29, 1997 and the Electronic Services Provision Act of July 18, 2002. By providing his personal data to the Seller when placing the order, the Buyer agrees to their processing by the Seller in order to complete the order. The buyer has the option of viewing, correcting, updating and deleting his 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 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 for the Buyer when he places an order in the Store.
13.3. If any provision of these Regulations or part of the provision is or becomes ineffective, this does not make the remaining provisions ineffective and does not affect the validity of the concluded sales contract. An ineffective provision should be replaced with an appropriate legally admissible provision that best meets the purpose of the invalid provision.
13.4. The Purchaser may bring an action against the Seller before a common court having material and local jurisdiction over the place of residence / seat of the Purchaser or the Seller. The Seller may bring an action against the Buyer only before a common court having material and local jurisdiction over the Buyer's place of residence / seat.
13.5 The Seller may make changes to these Regulations at any time, but these changes may not worsen the situation (rights) of the Buyer, whose order is pending and was placed during the period of validity of the previous Regulations.
13.6 The Regulations shall apply from December 25, 2014.
