1 General rules
1. These Regulations regulate the conditions of the sale contracts for transactions in the Online Store at www.miagiacca.com.
2. The Online Store at www.miagiacca.com is owned by Maja Źróbecka, who is conducting business under a business name Maja Źróbecka with its registered office in Stargard at address: ul. Różyckiego 5, 73-110 Stargard, Poland, e-mail: firstname.lastname@example.org, NIP: 854-219-30-34, registered in the Central Register and Central Business Activity Registration and Information System, hereinafter referred to as the ‘Seller’.
3. The terms used in these Regulations have the following meaning:
a. Online Store – the Store operating at www.miagiacca.com, where the Clients can shop for products offered by the Seller via the Internet;
b. Client – any natural or legal person or an organizational unit without legal personality enjoying legal capacity, who, under conditions presented herein, registers or has registered in the Online Store;
c. Consumer – a Client who is a natural person and uses the Online Store for purposes that are not directly connected to his/her business or professional activity;
d. Business Days – each and every day of the week from Monday through Friday, excluding public holidays;
e. Cart – an element of the Online Store that enables the Client to specify order details such as: quantity of products, delivery address, delivery method, payment method, etc.;
4. The Seller makes these Regulations available to the User free of charge prior to the conclusion of the sale contracts, and upon the User’s request, in such a way as to make it possible to acquire, reproduce and preserve the regulations by means of ICT system used by the Client.
6. The Client is prohibited from providing unlawful content and using the Store in a way that disrupts its operation or is onerous for the Seller and other Clients.
7. Seller protects electronic and digital content by applying technical and organizational means to protect them, in particular unauthorized data acquisition, including SSL encryption, passwords, anti-virus and anti-unwanted software programs. The Seller at the same time indicates that the use of the Internet and electronic services may be at risk of malware getting into the Client’s ICT system and device, as well as unauthorized access to the Client data by third parties. In order to minimize these risks, the Client should use appropriate technical security measures, such as using anti-virus programs or the programs protecting the Client's identity on the Internet.
8. All materials, including graphic elements, composition of these elements, trademarks and other materials available at the Store are the subject of exclusive rights, in particular of copyright and industrial property rights. Use of the materials made available in the Store in any form each time requires the Seller's prior consent.
1. The Client may place orders for 24 (twenty-four) hours a day in Online Store, provided that orders are fulfilled during Business Days between 10.00 and 17.00.
2. To place an order, client must acknowledge and accept these regulations, as well as express their consent to the processing by the Seller of Client’s personal data necessary for the fulfilment of the order. The Client may optionally agree to receive commercial information.
3. The Client starts the ordering process by indicating the product he/she is interested in by clicking ‘Add to Cart’.
In the order (in the Cart), the Client shall indicate:
a) ordered goods,
b) e-mail address,
c) forename and surname,
d) delivery address,
e) phone number,
f) delivery method,
g) payment method.
4. The ordering process ends when the Client clicks on ‘I order and pay’. Doing this means placing an order and sending a confirmation of the order to the Client's email address. The conclusion of a sales contract between the Client and the Seller occurs at the moment the Seller confirms acceptance of the order for fulfilment, which the Seller sends to the Client to the email address provided by the Client, not earlier than after receipt of confirmation of payment by the Customer of the sale price and shipping costs. The sales contract is concluded in Polish.
5. The Seller sends a message confirming acceptance of the order for fulfilment to the email address indicated during registration.
6. If the Seller's bank account is not credited with amount due from the Client within 5 Business Days of the day of the Client's order, the contract concluded between the Client and the Seller shall be terminated.
1. The prices given on the website of the Online Store next to each offered goods include VAT and are provided in euro (EUR), US dollars (USD), Polish Zlotys (PLN).
2. The final and binding price of the product is the price at the time of order confirmation by the Client, as referred to in §2 paragraph 5 of these regulations.
3. The information on the full value of the order, including delivery costs, is presented after the Client has selected the delivery and payment methods.
4. Prices quoted in the Store may be subject to change (in particular as part of a promotional campaign or sale of Goods), provided that the terms of the Order cannot be changed in relation to the Client who placed the order as described above prior to the price change.
4 Payment and delivery methods
1. The ordered products can be paid for by the means of the payment system offered by PayPal and by a bank transfer.
2. The deadline for payment in the case of payment by a bank transfer is 5 business days from the date the Seller confirms the acceptance of the order for fulfilment. If the Seller's bank account is not credited with the due amount within 5 business days of the order confirmation, the contract concluded between the Client and the Seller is terminated.
3. The Client can receive the ordered products in person at the Seller’s address or choose to have the ordered products delivered by a courier.
4. The current delivery price list is available in the Online Store under the tab Shipping and Returns. The shipping cost is paid by the Client, unless stated otherwise.
5. Delivery of ordered goods takes place exclusively on the territory of Poland, other EU countries, USA and Australia.
6. If the Client wishes to place an order that would have to be delivered outside of these countries, the Client should contact the Seller's representative by e-mail at: email@example.com. in order to individually determine the terms of delivery of such order, including, in particular, delivery costs of products covered by such an order.
7. The order fulfilment time in the Republic of Poland is up to 6 (six) Business Days counted from the moment the Seller confirms acceptance of the order for fulfilment.
5 Order Fulfilment
1. If the Client is a Consumer, order fulfilment is to be understood as delivering the ordered goods to the Consumer. If the Client is not a Consumer, order fulfilment is to be understood as sending the ordered goods to the Client.
2. Orders will be fulfilled after payment is made by the Customer. In the case of Consumers, the orders will be fulfilled immediately, not later than within 2 business days from the day of payment.
3. In the case of receiving ordered goods in person at the Seller’s address, the Client shall agree with the Seller on the date of when the goods shall be received.
4. Shipping time information placed next to the product is given in a number of business days.
6 Conditions of complaints on the basis of warranty
1. The Seller undertakes to deliver goods free of defects.
2. The Seller disclaims warranty claims when selling to the non-Consumer Clients.
3. Complaints should be submitted to the following address: Różyckiego 5, 73-110, Stargard, Poland.
4. When filing a complaint, the faulty product together with the proof of purchase, the description of the defect noted, and the request specified must be delivered to the Seller’s registered office.
5. The Client has the right to submit a complaint on the form prepared by the Seller and available in the Online Store under the tab Complaint Form.
6. The Seller shall review the complaint within 14 (fourteen) Business Days from the day on which the complaint has been filed.
1. The Consumer has the right to return an item within 14 days without giving any reason. The term for returns expires 14 days after the Consumer has entered into possession of the item, or when a third party other than the carrier and a person designated by the Consumer has entered into possession of the item. To exercise the right of return, the Consumer must inform the Seller of his/her decision to return an item by a clear statement (for example, a letter sent by post). The Consumer can use the return form template below, however, this is not mandatory. In order to maintain the return deadline, it is sufficient for the Consumer to send information on the exercise of his/her right of return prior to the expiry of the return term.
RETURN FORM TEMPLATE
(This form must be filled in and sent to us only if you wish to return an item)
I/We(*) hereby inform you of my/our(*) withdrawal from the sale contract of the following items:
Date of receipt
Consumer(s) forename and surname
Consumer(s) signature if the form is sent on paper
(*) Delete as appropriate
2. If the Consumer withdraws from this contract, the Seller shall reimburse the Consumer all payments received from the Consumer, including the cost of delivery of the items (with the exception of the additional costs resulting from the chosen by the Consumer any type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and no later than 14 days from the day on which the Seller is informed about the Consumer’s decision to withdraw from the sales contract. Refunds are paid with the same method that was used by the Consumer in the original transaction unless the Consumer clearly agrees to another solution; in any case, the Consumer does not incur any costs resulting from the refund. The Seller may withhold the refund until the Seller receives the items or until the proof of sending is provided by the Seller, whichever occurs first. The Consumer is obliged to send the item back or to deliver it to the address: Różyckiego 5, 73-110, Stargard, Poland without delay, in any case not later than 14 days of the day on which the Consumer informed the Seller of withdrawal from the sales contract. The deadline is met if the Consumer sends back or delivers the item before the deadline of 14 days. The Consumer will have to bear the direct cost of returning the goods. The amount of these costs depends on the Consumer’s country of dispatch. The Consumer is liable only for the reduction of the value of the item resulting from the use of it in a manner other than necessary to establish the nature, characteristics and functioning of the goods. This cost is estimated at not more than 150 EUR. The Consumer is liable only for the diminished value of the goods resulting from the use of the goods other than what is necessary to establish the nature, features and functioning of the items.
3. The Consumer is responsible for reducing the value of the item resulting from the use of it beyond the manner necessary to determine the nature, features and functioning of the item.
4. The Consumer has no right to withdraw from the contract, the object of which is to provide the non-prefabricated item, manufactured according to the consumer's specifications, or to the satisfaction of the Consumer’s individual needs.
8 Personal Data
1. Personal data are protected according to the Data Protection Act of 29 August 1997(consolidated text: Journal of Laws of 2002, No. 101, item 926, as amended) in a manner preventing third-party access. The Seller is an administrator of the personal data.
2. According to the Article 23 Paragraph 1 Point 3 of the Data Protection Act of 29 August 1997, the processing of personal data is allowed when it is necessary for the fulfilment of a contract if the person whom the data concern is a party to the contract or if it is necessary to undertake actions before contract conclusion on request of the person whom the data concern.
3. Pursuant to Article 23 Paragraph 1 Point 5 of the Data Protection Act of 29 August 1997, the processing of personal data is allowed when it is necessary to fulfil legally justified aims set by the data administrators or data recipients and such processing does not infringe the rights and freedoms of the person whom the data concern, i.e. particularly for the purposes of direct marketing of own products or data administrator services.
4. According to the aforementioned Act, the Clients are entitled to view their personal data, correct them and demand their removal.
9 Contact with the Seller
1. The Client can contact the Seller using the following information:
Address: Różyckiego 5, 73-110, Stargard
Phone: 0048 666 24 21 24
10 Final Provisions
1. In matters not regulated in these Regulations, the provisions of Polish law apply and the court of Szczecin in Poland is by venue competent to settle disputes. In the case of the Consumer, this provision applies only if it does not conflict with the rights conferred on the Consumer under generally applicable law.
2. In the event of any disputes that may arise in connection with the application of these Regulations, including in connection with the orders fulfilment, the court competent by venue in settling disputes shall be the court located in Szczecin. The discretion of the competent court referred to in the preceding sentence does not apply to the Consumer. In case the Client is a Consumer, disputes will be resolved in accordance with generally applicable laws, including that the Consumer can make use of out-of-court handling of complaints and pursuing claims, including mediation in the voivodship inspectorate of the Trade Inspection or before the permanent amicable consumer court acting at the voivodship inspectorate Trade Inspection or via the online dispute resolution platform between consumers and traders (ODR Platform) at http://ec.europa.eu/consumers/odr
3. In the case of a change in the Regulations, an order placed before the date of introduction thereof will be fulfilled on the basis of principles applicable prior to the change.
4. These Regulations are applicable from 1 February 2018.