TERMS AND CONDITIONS OF THE MIYAHOME.PL SHOP
§1 General provisions and contact details
These terms and conditions set out the rules for placing Orders, concluding Contracts for the supply of Digital Content or a Digital Service and making complaints within the online Shop available in the miyahome.pl domain and run by the Seller.
In the case of a complaint about a placed Order, the Seller should be contacted by e-mail at: poznan.miyashome@gmail.com, in accordance with the rules set out further in these terms and conditions.
Contacting the Seller by e-mail guarantees that the written correspondence (documentary form) between the Customer and the Seller is preserved together with its date and time, and meets the requirements of a durable medium.
These Terms and Conditions are made available to the Customer before they start using the online Shop.
Use of the Shop and conclusion of a Contract for the supply of Digital Content or a Contract for the supply of a Digital Service are conditional on acceptance of the provisions of these Terms and Conditions.
By accepting the provisions of the Terms and Conditions, the Customer agrees to all of them and undertakes to comply with them.
The Seller is responsible for the conformity of the performance with the Contract.
To avoid any doubt, the Customer's submission of an Order is deemed to be an offer within the meaning of Articles 66 and 66(1) of the Civil Code, the content of which is supplemented by the provisions of the Terms and Conditions, and the Contract is concluded when the Seller's statement of acceptance of the Order is sent electronically to the Customer.
Information about Digital Content or Digital Services given on the Shop's web pages, in particular their descriptions, parameters and prices, does not constitute an offer within the meaning of the Civil Code, but is merely an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
When using the Shop it is forbidden to supply information of an unlawful nature, and in particular it is forbidden to:
send and place spam within the Shop;
supply and transmit content prohibited by law, in particular through the forms available in the Shop.
It is required to:
Use the Shop in a manner consistent with the Terms and Conditions and with the law;
Use the Shop in a manner that does not disrupt its operation;
Use all content placed on the Shop's subpages solely for personal use, in accordance with the licence granted (if any has been granted).
It is not permitted to use the resources and functions of the online Shop for the Customer to conduct activity that would infringe the Seller's interest. In particular, the resale to third parties of Goods ordered through the Shop is not permitted without the Seller's consent.
Capitalised terms used in these Terms and Conditions have the meaning given to them in § 2 of the Terms and Conditions.
The Customer is obliged to make the purchase using their own and truthful personal data.
To delete a Customer Account, the Seller must be informed by e-mail of the wish to delete the account.
§2 Definitions
Whenever the terms listed below are used further in these Terms and Conditions, they are to be understood in the meaning given below, unless the context indicates otherwise:
The Seller and the controller of your data is the Company:
Miya Home Nataliia Leventseva
NIP: 9721262255
ul. Obornicka 311/10, 60-689 Poznań, Poland
Entered in the Central Register by the Minister competent for economic affairs.
Customer, User – a natural person, legal person or organisational unit without legal personality to which specific provisions grant legal capacity, who places an Order within the Shop and makes purchases through the Shop.
Consumer – a natural person concluding a contract with the Seller within the Shop, the subject of which is not directly connected with their business or professional activity.
Entrepreneur with consumer rights – an Entrepreneur ordering Goods connected with the business activity they conduct, but not of a professional character for them, in accordance with Article 7aa of the Consumer Rights Act and Articles 385(5), 556(4), 556(5) of the Civil Code.
Entrepreneur – a natural person, legal person or organisational unit without legal personality to which a separate act grants legal capacity, conducting business activity in their own name, who uses the Shop and is not an Entrepreneur with consumer rights.
Account – an Electronic Service; a set of resources in the Seller's ICT system marked with an individual name, being the e-mail address provided by the Customer (the Login), and a Password provided by the Customer, allowing the Customer to use additional functionalities/services. The Customer accesses the Account using the Login and Password. The Customer logs in to their Account after registering in the online Shop. The Account makes it possible to save and store information about the Customer's address details for shipping Products, to track the status of an Order, to access the history of Orders and other services made available by the Seller.
Basket – a service made available to every Customer using the online Shop, consisting in enabling them to easily place an Order for one or more Products and to enter discount codes allowing the price to be reduced on separately defined terms.
Newsletter – an Electronic Service which allows all Customers using it to receive from the Seller periodic information, in particular about Products and the online Shop, including news and promotions, to the e-mail address or telephone number provided by the Customer, with the Customer's express consent.
Terms and Conditions or Shop Terms and Conditions – these Shop Terms and Conditions, which also set out the conditions for using the services provided by the Seller, including the Intermediary service, governing the relationship between the Seller as the provider of the Intermediary service and the Recipient of the services referred to in §20 of the Terms and Conditions.
Shop or online Shop – the online shop available at www.miyahome.pl and on its relevant subpages, through which the Customer may place Orders and purchase specified Goods.
Goods/Product – movable items purchased or available in the Shop. Goods are sold for payment, unless expressly stipulated otherwise.
Digital Service – a service allowing the Customer to: create, process or store data in digital form or access such data, or share data in digital form which has been transmitted or created by the Customer or other users of that service, or other forms of interaction by means of data in digital form.
Digital Content – data produced and supplied in digital form.
Contract of Sale, Contract – a contract for the sale of Goods and/or the supply of Digital Content or a Digital Service concluded between the Seller and the Customer through the Shop, under which the Seller transfers or undertakes to transfer ownership of the Goods to the Customer and/or to supply Digital Content or a Digital Service, including any contract whose subject matter is both goods and services.
Contract for the provision of services – means any contract other than a Contract of Sale under which the Seller provides or undertakes to provide a service to the Customer.
Distance contract – a contract concluded with the Customer within the Shop or the Website, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment the contract is concluded.
Order – an act, a declaration of will by the Customer aimed directly at concluding a Contract of Sale and having the performance rendered to the Customer, on the terms set out in these Terms and Conditions.
Order form – the Shop's form by means of which the Customer may place an Order and perform the Contract of Sale.
Payment operator – Autopay S.A., ul. Powstańców Warszawy 6, 81-718 Sopot, NIP 5851351185 | KRS 0000320590, and SamUp Ltd, established in Ireland, NIP: IE9813461A, holding an electronic money licence with the Central Bank of Ireland.
Proof of payment – an invoice or receipt issued in accordance with the Act on Goods and Services Tax of 11 March 2004 and other applicable legal provisions.
Payment – a transfer to the Seller's account through the online payment methods available in the Shop – depending on the chosen form of payment and the Digital Content and/or Digital Services ordered.
Price – the value expressed in monetary units which the Customer is obliged to pay the Seller for Digital Content, a Digital Service or Goods, and in relation to Digital Content or a Digital Service also a digital representation of value.
Website – a set of cooperating IT devices and software ensuring the processing and storage, as well as the sending and receiving, of data via telecommunications networks by means of a terminal device appropriate for the given type of network (the Internet); it also includes the Site or part of it, the Shop or part of it, and applications, including mobile applications, and other services of the Seller, Social media and the Seller's channels operating within those Media.
Digital environment – the hardware, software and network connections used by the Customer to access Digital Content or a Digital Service, or to use them. The minimum technical requirements have been indicated by the Seller in these terms and conditions.
Business days – days of the week from Monday to Friday, excluding public holidays.
§3 Legal basis
The legal basis is formed by the acts and legal instruments listed below:
Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827, as amended), hereinafter the Act.
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended), hereinafter the Civil Code.
GDPR (RODO) – means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
DSA – means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act).
Personal Data Protection Act – the Act of 10 May 2018 on the protection of personal data (Journal of Laws 2018, item 1000, as amended).
Act on the provision of services by electronic means – the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended), hereinafter UŚUDE.
Telecommunications Law – the Act of 16 July 2004, Telecommunications Law (Journal of Laws 2004 No. 171, item 1800, as amended), hereinafter the Telecommunications Law.
Act on copyright and related rights – the Act of 4 February 1994 on copyright and related rights (consolidated text: Journal of Laws of 2022, item 2509), hereinafter Copyright Law.
§4 Minimum technical requirements
The Customer may use the functions made available in the online Shop in a manner consistent with the Terms and Conditions and applicable law, and in a manner that does not disrupt the operation of the online Shop or other Customers.
Proper use of the online Shop, including browsing the Shop's range and placing Orders for Goods, depends on the Customer meeting at least the following technical requirements:
access to the Internet from a device that makes this possible, such as a desktop computer, laptop or other portable device, including equipment that makes it possible to communicate and fill in the necessary forms within the Shop, e.g. a working keyboard;
a properly configured, up-to-date version of a web browser supporting, among other things, cookies, e.g. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome, and allowing web pages to be viewed;
an active and properly configured e-mail account (the Seller recommends that the Customer check whether e-mails from the seller's domain are not going to the "spam", "promotions" or another folder other than "primary/inbox". The Seller has no influence on this and it depends on the settings of the Customer's mailbox and/or the provider of the mailbox used).
The computer device should have the following software installed: an official version of one of the following systems: Windows 8 (Windows 10 or newer recommended), Mac OS version 10.13 (the latest version recommended), Linux, Chrome OS, and an official version of one of the following web browsers: Google Chrome, Mozilla Firefox, Safari, Edge (Chromium), Yandex or Opera, updated to the latest version.
The Seller provides technical means to prevent the acquisition, modification or distortion of personal data and information by Customers and by unauthorised third parties.
The Seller takes appropriate steps to ensure the proper functioning of the Shop, including using appropriate tools intended to make this possible, or the services of third parties.
§5 Goods and/or Digital Content or Digital Services available in the shop
The Shop offers, among others, the following
Bedding sets
Room fragrance diffuser
Within the Shop the Seller may also make Digital Content or Digital Services available free of charge, e.g. the option to sign up for the newsletter or to keep a Customer Account.
Free Digital Content or Digital Services are supplied on the terms described in these terms and conditions concerning paid and/or Shop-available Digital Content or Digital Services, or on the terms described in separate terms and conditions or on a separate subpage concerning that content. Free Digital Content or Digital Services may also be made available to the user or Customer for payment on the terms described in separate terms and conditions or in the description of that content or those services.
The Seller makes every effort to ensure that Digital Content or Digital Services meet the highest standards and thus the Contract concluded with the Customer. To this end the Seller takes care of their quality, completeness, functionality, compatibility, interoperability, availability of technical support and a proper and specific description of the offer, and provides updates to them where this is necessary and required by law or by developing technology, or where the Seller wishes to improve their quality.
§6 PRE-SALE OF GOODS, DIGITAL CONTENT OR DIGITAL SERVICES
The Seller may also run a pre-sale of selected Goods.
A pre-sale makes it possible to place an Order before the launch (the sale of available Goods in the Shop) of Goods at a special price, usually lower than the target price.
A pre-sale may cover Goods that are new and of limited availability, or Goods that are yet to appear in the Shop.
The availability period of Goods covered by a pre-sale is 7 days and is stated in their description
A pre-sale may not be combined with other promotions.
Goods purchased during a pre-sale are fulfilled (e.g. added to the Customer Account) in the order in which the Orders were placed.
§7 PLACING AND FULFILLING ORDERS FOR GOODS
The main features of the performance, taking into account its subject matter and the manner of communicating with the Customer, are set out on the Product page or in another manner appropriate for the given Product within the online Shop.
The Seller allows Orders for Products to be placed as follows:
in the online Shop;
by telephone;
by e-mail;
A Contract of Sale between the Customer and the Seller is concluded after the Customer has first placed an Order.
The Seller allows the Customer to place an Order through the online Shop in the following way, in sequence:
The Customer adds the selected Product(s) to the Basket and then goes to the order form. Within the online Shop the Seller may make additional services available for a Product added to the Basket, e.g. personalisation, the addition of other related Products not available for separate sale in the online Shop.
A Customer who has an Account confirms in the order form that the data necessary to conclude and perform the Contract of Sale is up to date. A User who does not have an Account must fill in the order form themselves with their data necessary to conclude and perform the Contract of Sale. In every case, providing out-of-date or untrue Customer data may make it impossible to perform the Contract. In the order form the Customer must provide the following data about the Customer: first name and surname, address (street, house/flat number, postcode, town, country), e-mail address, contact telephone number, and data concerning the Contract of Sale: Product(s), quantity of Product(s), where available the type, colour and size of the Product, the place and method of delivery of the Product(s), the method of payment. In the case of Customers who are not Consumers, the company name must also be provided, and if they have requested an invoice in the form, also the NIP number. As the Products or services available in the online Shop develop, the Seller may introduce an obligation to provide, in the Order form or in another appropriate place, other information concerning the Product or the Customer that is relevant and, in the case of personal data, also necessary, in particular given the specific nature of the Product or service, e.g. in order to personalise the Product.
The Customer chooses one of the delivery methods made available by the Seller.
The Customer may enter a discount code, if they have one, in the field named "Enter promotional code". Then, after entering the discount code and clicking the "Apply" button, the price will change accordingly. The Customer may also enter the discount code at the next step, i.e. when placing the Order.
The Customer chooses the method of paying the Price and any other total costs of performing the Contract of Sale indicated in the order form.
The Customer sends the Order to the Seller (submits an offer) using the functionality of the online Shop made available for this purpose (the "Place order and pay" button). In the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions is required – consent to the terms of service.
While placing the Order, up to the moment the "Place order and pay" button is pressed, the Customer may correct the data entered themselves within the "Basket" panel by adding or removing a given item from the Basket. Removing a given item may automatically also remove another item from the Basket because of the direct link between the Products.
depending on the payment method chosen, the Customer may be redirected to the pages of an external payment service provider in order to make the payment;
If the Seller proposes on its own initiative that the Consumer conclude a Contract of Sale using other means of distance communication, including by telephone:
the Seller sends the Consumer an electronic message confirming the content of the proposed Contract of Sale,
the Consumer sends the Seller the Order by a message to the e-mail address from which they received the confirmation referred to in paragraph 4(a) above,
in the case of a Consumer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions by the Consumer is required.
In cases other than those specified in paragraph 4 above of concluding a Contract of Sale using other means of distance communication, including by telephone, at the Consumer's initiative, the paragraphs below apply accordingly, taking into account the circumstances and the means of communication used.
In response to the Order, the Seller immediately sends the Customer an automatic message to the e-mail address indicated for this purpose by the Customer, confirming receipt of the Order and the start of its verification.
After verifying the Order, without undue delay, the Seller sends the Customer a message to the e-mail address provided containing:
confirmation of acceptance of one or more of the individual offers for Products submitted within the Order and confirmation of conclusion of the Contract of Sale (acceptance of the Order in respect of the Products indicated in the message); or
information that it is not possible to accept all the offers for Products submitted within the Order due to lack of payment; or
the information referred to in point XI paragraph 6 below in relation to a Customer to whom point XI paragraph 5 below has been applied (failure to collect the parcel).
The Contract of Sale is concluded upon confirmation of the offer(s), i.e. upon the Customer's receipt of the message referred to in paragraph 8(a) above, in respect of the Products indicated in it.
By clicking the "Place order and pay" button, the Customer is aware that concluding the Contract entails an obligation to pay the amount due to the Seller.
The Customer's submission of the Order constitutes the Customer's declaration of will to conclude a Contract of Sale with the Seller, in accordance with the content of these terms and conditions.
The Customer makes payment by choosing one of the payment methods available in the Shop and then making the payment.
If it is not possible to accept all or some of the offers submitted within the Order, the Seller will contact the Customer in order to:
a. inform the Customer that it is not possible to accept all the offers to conclude a Contract of Sale submitted within the Order; or
obtain the Customer's confirmation of the wish to have the Order fulfilled to the extent that the Seller has agreed to accept the offers to conclude a Contract of Sale. The Customer may then cancel the Order placed in its entirety (in respect of all offers), which does not affect their right of withdrawal from the contract. Cancellation of the Order by the Customer releases the Seller from the obligation to fulfil it. In the case of cancellation of the Order, paragraph 12 below applies accordingly.
If it is not possible to accept the offer(s) submitted within the Order, the Contract of Sale in respect of the Products indicated by Customer Service is not concluded, and the Seller immediately, no later than within 14 days, returns to the Customer the payments made by them, to the extent that the Contract of Sale has not been concluded. The provisions of point VIII paragraph 6 of the Terms and Conditions apply accordingly.
Independently of this, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address provided by the Customer, by SMS or by contacting them by telephone.
The Seller strives to ensure the availability of all Products and the performance of the Contract of Sale. Where performance is impossible and in other situations specified by law, the relevant provisions of the Civil Code may apply, including Articles 493–495 of the Civil Code, in particular those concerning the obligation to return the performance to the Consumer immediately.
The total value of the Order comprises the Price, shipping costs and any other costs of optional paid services chosen by the Customer. The Seller may, for a period of its choosing, set a minimum Order value threshold above which shipping of the Products is free. The Customer is informed of the total price including taxes of the Product that is the subject of the Order, as well as of the delivery costs (including charges for transport, delivery and postal services) and of other costs, and where the amount of those charges cannot be determined, of the obligation to pay them, while placing the Order, including at the moment the Customer expresses their will to be bound by the Contract of Sale.
Promotions in force in the online Shop may not be combined, unless the terms of the Promotion expressly state otherwise.
consent to the Order being fulfilled by the Shop by clicking the "Place order and pay" button, which indicates the obligation to pay for the Order
The Seller reserves the right not to fulfil an Order in the case of:
incorrect/incomplete completion of the Order form (lack of all the data needed to fulfil the Order – to this end the Seller will contact the Customer, which may extend the time needed to fulfil the Order),
failure to receive payment within 3 days from the date the Order was placed (in the case of the prepayment option). In accordance with Article 12(1)(7)
If the Customer fails to make payment within the time limit referred to in §6 paragraph 15(b) of the Terms and Conditions, the Seller sets an additional time limit for the Customer to make the payment and informs the Customer of it on a durable medium. Once that time limit has expired without effect, the Seller is entitled to withdraw from the Contract of Sale. If the second time limit for payment also expires without effect, the Seller will send the Customer, on a durable medium, a declaration of withdrawal from the contract on the basis of Article 491 of the Civil Code.
§7 Prices of Goods and/or Digital Content or Digital Services and methods of payment
Information about the price is available on the card of each item in the range of Digital Content/Digital Services.
Prices given in the Shop are stated in Polish zloty and are gross prices (they include VAT or other taxes if required by law, e.g. excise duty).
The Seller does not use mechanisms for individually adapting prices in the Shop on the basis of automated decision-making.
The Seller reserves the right to change the prices of Goods presented in the Shop, to introduce new Goods, to withdraw Goods, to run promotions and give discounts, and to offer Goods, Digital Content or Digital Services free of charge for a time. The above right does not affect Orders placed before the date on which any of the changes takes effect. Details and duration are always included in the description of the given Goods.
The duration of every promotion is limited. Discounts and promotions are not cumulative. Details of a promotion are given in its description on the Shop's page or subpages or in the terms of that promotion.
Whenever a reduction in the price of Goods is announced, alongside the information about the reduced price the Seller also shows the lowest price of those Goods that applied in the 30 days before the reduction was introduced.
If given Goods have been offered for sale in the online Shop for less than 30 days, alongside the information about the reduced price the Seller also shows the lowest price of those Goods that applied from the day the Goods were first offered for sale until the day the reduction was introduced.
In the case of Goods which spoil quickly or have a short shelf life, alongside the information about the reduced price the Seller shows the price from before the first reduction was applied, subject to the proviso that the periods referred to in paragraphs 5 and 6 do not apply.
The Seller uses third-party tools in order to meet the requirements regarding prices, promotions and reductions and their presentation on the Shop's page and subpages. To display the relevant prices that applied in the 30 days before the reduction was introduced, the Seller uses a plugin called: Omnibus – show the lowest price. How it works: when a promotion appears, the plugin automatically displays the lowest price of the last 30 days.
Electronic payment is available within the Shop. The electronic payment operator is Autopay S.A., ul. Powstańców Warszawy 6, 81-718 Sopot, NIP 5851351185 | KRS 0000320590, SamUp Ltd, established in Ireland, NIP: IE9813461A, holding an electronic money licence with the Central Bank of Ireland.
The Seller reserves the right to impose a payment operator for technological reasons.
The payment operator Autopay S.A. makes it possible to pay:
by payment card.
The payment operator SamUp makes it possible to pay:
by online transfer (using the Przelewy24 integration provided by SamUp)
by BLIK (using the Przelewy24 integration provided by SamUp).
Cash on delivery is available within the Shop.
In the case of electronic payments, the Goods will be dispatched once the transfer/payment has been received and credited to the Seller's bank account. The same applies to paid Digital Content or Digital Services, if they are offered within the Shop.
A proof of purchase, i.e. a receipt or an invoice (personal or to a company, if company details have been provided and the Customer notifies the Seller of the wish to receive an invoice in this or another effective way), is issued for every Order in paper form and sent to the Customer together with the order. Unless the customer notifies a wish to receive an electronic version, which will be sent to the e-mail address they indicate.
§8a Cost, methods and time of delivery of the Product
Delivery of the Product is available within the territory of the Republic of Poland.
Delivery of the Product to the Customer is subject to a charge, unless the Contract of Sale provides otherwise. Delivery costs are given at the moment the Order is placed and the basket is recalculated. The Customer may read them before placing the Order in the "delivery costs" tab. Prices of Goods do not include delivery prices, which are added in accordance with the current price list of the Shop and/or the providers of those services.
The shipping prices given on our site apply to parcels of standard dimensions as defined by the courier company. If you plan to order non-standard parcels, for example a larger quantity of products, or products of large dimensions or irregular shapes, the delivery cost – including pallet shipments – will be determined individually at the moment the order is confirmed.
The Seller makes the following methods of delivery or collection of the Product available to the Customer:
Courier parcel.
InPost parcel lockers.
DPD parcel lockers.
The Goods will be dispatched within 7 business days from the moment the Order is accepted for fulfilment.
The time needed to prepare the Product for dispatch to the Customer is up to 7 Business Days; the product will be delivered within 14 days unless the parties have agreed otherwise or a shorter period has been given in the description of the given Product or when placing the Order, and is counted as follows:
where the Customer chooses electronic payment or payment by payment card – from the day the Seller's bank or settlement account is credited;
The delivery time for orders fulfilled through the InPost courier and InPost parcel lockers is 1 to 2 business days from the moment the parcel is dispatched. Delivery times may be extended in periods of increased sales or for reasons beyond the seller's control.
The Order will be fulfilled to the shipping address indicated in the Order Form.
Deliveries take place on business days, from Monday to Friday.
Where the Customer chooses payment in the form of prepayment, the dispatch time of the Goods is counted from the day the payment is credited to the Seller's bank account.
If, when making a purchase, the Customer chooses payment in the form of prepayment, they undertake to transfer the funds to the Seller's bank account without delay. If no payment reaches the Seller's bank account within 3 business days from the day the Order was placed in the Shop (excluding Saturdays, Sundays and other public holidays), the Order is cancelled.
Where cash on delivery is chosen, the time for fulfilling the Order is counted from the moment the e-mail message from the Seller confirming that the Order has been placed is received.
The day of payment is taken to be the day the payment is credited to the Seller's bank account.
If the ordered Goods are returned to the online Shop by the carrier because the Customer failed to collect them, the Seller will contact the Customer electronically in order to establish the reasons for the failure to collect the Goods. If there is no reply within 7 days, the Seller will withdraw from the Contract and return to the Customer the Price paid, deducting the cost of returning the Goods to the Seller and the cost of Delivery, unless the Seller guaranteed free returns.
Re-dispatch of Goods not collected through the Customer's fault takes place once the Customer has paid the costs of the return, the repeat delivery and, where applicable, the Price (if cash on delivery was originally chosen), without the possibility of using "cash on delivery". Prepayment should be made to the Seller's bank account.
Where the sold item is sent to its destination through a carrier, the Buyer is obliged to examine the parcel in the time and manner customary for parcels of that kind. If the Buyer finds that a loss or damage to the item occurred during carriage, they are obliged to take all possible steps necessary to establish the carrier's liability and to notify the Seller immediately of the damage to the parcel during carriage.
§8b Supply of Digital Content or Digital Services
The Seller supplies the Customer with Digital Content or a Digital Service immediately after the Contract is concluded, unless something else has been expressly stated in the description or offer of the Digital Content or Digital Service. This applies above all to the newsletter service available within the Shop and to the other services or content described in these terms and conditions.
Digital Content is deemed to have been supplied at the moment when the Digital Content, or the means allowing access to the Digital Content or the download of the digital content, has been made available to the Customer or to a physical or virtual device chosen by the Customer for that purpose, or when the Customer or such a device has accessed it.
A Digital Service is deemed to have been supplied at the moment when the Customer, or a physical or virtual device chosen by the Customer for that purpose, has accessed it.
The Seller sends the Customer an e-mail message containing a clickable, active link to the Digital Content or Digital Service together with instructions, or provides instructions for downloading the Digital Content or Digital Service (e.g. from the Customer Account), depending on the features and nature of the Digital Content or Digital Service and on system capabilities. The Contract of Sale is concluded in Polish with content consistent with the Terms and Conditions.
Where the Customer gives an incorrect e-mail address, enters it wrongly or fails to ensure the conditions for the deliverability of e-mail messages in accordance with the Terms and Conditions, they are responsible for the failure to deliver the Order of Digital Content or a Digital Service. It is recommended that they contact the Seller in order to clarify the matter and bring about the delivery of the Digital Content or Digital Service.
§9 Changes and updates to Digital Content or Digital Services and changes to the time they are made available
Throughout the period in which Digital Content or a Digital Service is supplied, the Seller provides the Customer with updates and informs them of the need to install them. The Customer should also periodically update the devices they use so that it is possible to use the Digital Content and Digital Services supplied by the Seller. The Seller is not liable for the lack of conformity of Digital Content or a Digital Service with the Contract resulting solely from a failure to update, if:
it informed the Customer about the update and the consequences of not installing it;
the failure to install or the incorrect installation of the update did not result from errors in the installation instructions supplied by the Seller.
The Seller may make a change to Digital Content or a Digital Service that is not necessary to maintain its conformity with the Contract, for the following justified reasons:
changes in technologies connected with the Digital Content or Digital Service,
changes in the law or the adaptation of Digital Content or Digital Services to legal provisions or other guidance connected with applicable law,
stylistic changes which are not substantive but improve the quality of the Digital Content or Digital Services,
changes in the area of the Seller's business activity, including the withdrawal or introduction of new services or Goods.
The Seller may not make a change to Digital Content or a Digital Service supplied on a one-off basis.
Changes introduced by the Seller do not involve any costs for the Customer.
If the changes were to materially and adversely affect the Customer's access to the Digital Content or Digital Service or their use of it, the Seller will inform the Customer sufficiently in advance of the characteristics and date of the change and of the right to terminate the Contract without notice within 30 days from the date of the change or of being informed of the change (if that occurred later than the change itself).
The Seller may grant the Customer the right to retain the Digital Content or Digital Services unchanged at no additional cost.
The Seller informs the Customer clearly and comprehensibly about the changes being made, usually by sending a message to the Customer's e-mail address given when placing the Order, sufficiently in advance. The Customer is entitled to give the Seller a different e-mail address by contacting them using the details given in these terms and conditions.
§10 Digital Services, conclusion of the contract, Customer Account, Newsletter
Through the Shop, the Seller provides the Customer with Digital Services in the form of enabling the Customer to conclude a Contract with the Seller electronically. This service is provided free of charge, within the price paid for placing the Order.
The Seller also provides the Customer with a service in the form of delivering the newsletter, if the Customer has consented to it. Details concerning the sending of the newsletter, signing up and unsubscribing are described in the privacy policy or in separate terms and conditions for that service available within the Shop.
The Seller also provides the Customer with a service consisting in registering and maintaining the Account and giving the Customer access to the Account by logging in, if the Customer has decided to set up such an account. This service is provided to the Customer within the price paid for the given Goods, Digital Content or other Digital Service.
In order to create an Account, the Customer must meet the following requirements:
having access to the Internet,
having an active e-mail account, correctly configured in accordance with the other requirements of these terms and conditions,
avoiding plugins such as AdBlock or similar, which may disrupt the proper functioning of the Shop and its use, and of the Digital Service.
In order to set up an individual Account, the Customer should fill in the registration form and accept the Terms and Conditions, and then place an Order.
Information connected with setting up the Account and an activation link allowing a password to be set will be sent to the e-mail address given by the Customer. Once it has been clicked and an individual password set, the Account is created and the Customer may use it.
Creating an individual Account is necessary in order to use the Goods and the Digital Content or Digital Services indicated.
Upon effective registration of the Account, the contract for the supply of the free digital service consisting in creating, running and maintaining the Customer Account is concluded for an indefinite period.
The Customer logs in to the Account using their e-mail address or login and password. At any time they may also generate a new password if they have forgotten or lost the previous one.
In order to ensure the security of the Customer and of the transfer of data in connection with the use of the Shop, the Seller applies technical and organisational measures to prevent the acquisition and modification of personal data by unauthorised persons. These include, among others: computer access passwords, the use of antivirus software, technical support, and appropriate technical safeguards such as a firewall.
The Seller is not liable for the lack of conformity of a Digital Service with the contract to the extent that it informed the Customer of the requirements connected with using the digital service before the contract for the provision of digital services was concluded, where the Customer does not meet those requirements.
The Seller takes steps to ensure fully correct functioning. The Customer is entitled to inform the Seller of any irregularities or interruptions in the functioning of the Shop.
It is forbidden to share Customer Account details with third parties and for one User to set up several Accounts.
In the case of Customers who are Consumers, the Seller may terminate the contract for the provision of the Digital Service and delete the Customer Account or deprive the Customer of the right to place Orders at any time, subject to a 14-day notice period, with the rights acquired by the Customer before termination of the contract being preserved.
In the case of Customers who are Consumers, the Seller may terminate the contract for the provision of the Digital Service consisting in running the Customer Account and delete the Customer Account or deprive the Customer of the right to place Orders with immediate effect, for important reasons, in the event of a material and gross breach by the Customer of the provisions of these Terms and Conditions, i.e. in particular where the Customer uses the Shop and the Account in a manner inconsistent with the law or with the provisions of the Terms and Conditions and contrary to good practice and to the purpose of the Account and the Shop, in a manner burdensome for other Customers and for the Seller, copies the Seller's Goods, Digital Content and Digital Services or makes them available to third parties without the Seller's consent, provides the Seller with data inconsistent with the actual legal state of affairs, incorrect, inaccurate or infringing the rights of third parties, or breaches or attempts to breach the technical safeguards of the Shop and the Account in order to gain unauthorised access to its resources.
The Customer may terminate the Contract for the provision of the Digital Service consisting in running the Customer Account at any time, subject to a 14-day notice period, or with immediate effect for important reasons.
In turn, where the Customer withdraws from the contract, the Seller may prevent the Customer from further using the Digital Service consisting in running the Customer Account, in particular by depriving them of access to that Digital Service or by blocking the Customer Account.
As a result of the Account being deleted by the Seller, the Customer loses access to all resources previously available in their Account.
In order to delete the Account, the Customer may delete the existing Account themselves or contact the Seller electronically for this purpose using the details given in these terms and conditions.
The Seller informs the Customer that deleting the Customer Account may make it difficult or impossible for the Customer to use the Digital Service, e.g. to track their order history.
§11 Complaints about a Product
The basis and scope of the Seller's liability towards the Customer where the Product sold has a physical or legal defect (warranty for defects) are set out in generally applicable law, in particular the Civil Code.
The Seller is obliged to deliver a Product free from defects to the Customer. Detailed information about the Seller's liability for a defect in the Product and about the Customer's rights is set out on the online Shop's page in the "returns and complaints" tab.
A complaint may be submitted by the Customer, for example, in writing to the Seller's address.
If the Product sold has a defect, the Customer may:
make a declaration reducing the Price or withdrawing from the Contract of Sale, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with one free from defects or removes the defect. The reduced price should bear the same proportion to the price under the contract as the value of the Product with the defect bears to the value of the Product without the defect. The Customer may not withdraw from the contract if the defect in the Product is insignificant;
demand that the Product be replaced with one free from defects or that the defect be removed. The Seller is obliged to replace the defective Product with one free from defects or to remove the defect within a reasonable time and without undue inconvenience to the Customer; subject to the reservations and on the terms set out in the relevant provisions of the Civil Code.
If you find that the goods received do not conform to the contract concluded, please submit a complaint without delay. You have the right to replacement of the goods, repair, a price reduction or a refund
Instead of the removal of the defect proposed by the Seller, the Customer may demand that the Product be replaced with one free from defects, or instead of replacement of the Product may demand that the defect be removed, unless bringing the Product into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared with the manner proposed by the Seller. In assessing whether costs are excessive, account is taken of the value of the Product free from defects, the nature and significance of the defect found, and of the inconvenience to which another way of satisfying the Consumer would expose them.
It is recommended that the Customer include in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the nature and date on which the defect occurred; (2) a demand as to how the Product is to be brought into conformity with the Contract of Sale, or a declaration reducing the price or withdrawing from the Contract of Sale; and (3) the contact details of the person submitting the complaint – this will make it easier and quicker for the Seller to consider the complaint. The requirements given in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended description.
The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the day it is submitted. If the Seller does not respond within that period, this means that the Seller has considered the complaint justified.
Where, in order for the Seller to respond to the Customer's complaint or for the Customer to exercise their rights under the warranty, it is necessary to deliver the Product to the Seller, the Seller will ask the Customer to deliver the Product to the Seller's address at the Seller's expense.
§12 Out-of-court methods of handling complaints and pursuing claims, and the rules of access to those procedures
Detailed information about the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, and the rules of access to those procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, the Voivodeship Inspectorates of the Trade Inspection, and at the following web addresses of the Office of Competition and Consumer Protection: -http://www.uokik.gov.pl/spory_konsumenckie.
A Customer who is a consumer has, by way of example, the following options for using out-of-court methods of handling complaints and pursuing claims:
The Customer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended) to settle a dispute arising from the Contract of Sale concluded.
The Customer is entitled to apply to the voivodeship inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller. Information about the rules and procedure of the mediation conducted by the voivodeship inspector of the Trade Inspection is available at the offices and on the websites of the individual Voivodeship Inspectorates of the Trade Inspection.
The Customer may also obtain free assistance in settling a dispute between the Customer and the Seller by using the free assistance of a district (municipal) consumer ombudsman or of a social organisation whose statutory tasks include consumer protection (including Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich). Advice is given by the Consumer Federation on the free consumer helpline 800 007 707 and by the Association of Polish Consumers at the e-mail address porady@dlakonsumentow.pl.
The Customer may lodge a complaint through the ODR platform: http://ec.europa.eu/consumers/odr/. The ODR platform is, among other things, a source of information about forms of out-of-court settlement of disputes that may arise between traders and consumers.
The Customer has the possibility of lodging a complaint or reporting any infringements regarding the processing and collection of consumers' personal data with CNIL (Commission nationale de l'informatique et des libertés).
§13 Right of withdrawal from the Contract
A Customer who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the contract within 14 days, without giving a reason, subject to paragraph 7.
The period for withdrawing from the contract begins:
when the Customer, or a person indicated by them other than the carrier, takes possession of the Goods,
when the Customer takes possession of the last of the Goods/batches/parts – where multiple items of Goods are delivered separately, in batches or in parts,
when the Customer takes possession of the first of the Goods – where they are delivered regularly for a fixed period.
In order to exercise the right of withdrawal, the Customer must inform the Seller of their decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by e-mail or through the contact form available in the Shop). To meet the withdrawal deadline, it is sufficient for the Customer to send the information concerning the exercise of their right of withdrawal from the Contract before the withdrawal period expires.
A specimen statement (form) of withdrawal from the Contract is included in the annex to these terms and conditions. The Customer may use it, but does not have to. It is not obligatory.
The Seller is obliged, immediately and no later than within 14 days of receiving the Customer's statement of withdrawal from the contract, to return to the Customer all payments made by them, including the cost of delivering the Goods, subject to paragraphs 9 and 11 of this section.
The Seller refunds the payment using the same means of payment as the Customer used, unless the Customer has expressly agreed to another method of refund which involves no costs for them.
The right of withdrawal from a distance contract does not apply to the Customer in the following cases:
for the provision of services for which the Customer is obliged to pay a price, if the Seller has fully performed the service with the express and prior consent of the Customer, who was informed before the performance began that once the Seller has performed they will lose the right of withdrawal, and who acknowledged this;
where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires;
where the subject of the performance is non-prefabricated goods, produced to the Customer's specification or serving to satisfy their individualised needs;
where the subject of the performance is goods which spoil quickly or have a short shelf life;
where the subject of the performance is goods delivered in sealed packaging which cannot be returned after the packaging has been opened for health protection or hygiene reasons, if the packaging was opened after delivery;
where the subject of the performance is goods which, after delivery and by their nature, become inseparably combined with other items;
where the Customer expressly requested that the Seller come to them in order to carry out an urgent repair or maintenance; if the Seller provides additional services other than those the Customer requested, or supplies goods other than the spare parts necessary to carry out the repair or maintenance, the right of withdrawal applies to the Consumer in respect of those additional services or goods;
concluded by public auction;
for the provision of services for which the Customer is obliged to pay a price, where the Customer expressly requested the Seller to come to them in order to carry out a repair and the service has already been fully performed with the express and prior consent of the Customer.
The Seller may withhold the refund until it has received the Goods or until proof of their return has been provided, whichever occurs first.
If the Customer has chosen a method of delivering the Goods other than the cheapest ordinary delivery method offered by the Seller, the Seller is not obliged to reimburse the Customer for the additional costs they have incurred.
The Customer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the day on which they withdrew from the Contract of Sale. The deadline is met if the Customer sends the Goods being returned to the Seller's address before the 14-day period expires.
The Customer is obliged to bear the direct costs of returning the Goods on withdrawal from the Contract (the costs of sending the Goods back to the Seller).
The Consumer is liable for any diminished value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
Possible costs connected with the consumer's withdrawal from the contract which the consumer is obliged to bear:
The consumer bears the full costs of delivering the product, regardless of the shipping method chosen, including any additional charges arising from a delivery option other than the standard, cheapest one available in the online shop's offer.
In the case of a return of goods, regardless of whether it is a return of the whole order or of part of it, the Customer bears the costs of return delivery. We refund the Customer only the value of the products purchased, without the shipping costs.
The Consumer bears the direct costs of returning the Product.
§14 Provisions concerning entrepreneurs
This section of the Terms and Conditions and the provisions contained in it apply solely to Customers and Service Recipients who are not consumers.
In the case of Customers who are not consumers, the Seller has the right to limit the payment methods available, including to require prepayment in whole or in part, and this regardless of the payment method chosen by the Customer and of the fact that a Contract of Sale has been concluded.
Upon the Seller releasing the Product to the carrier, the benefits and burdens connected with the Product and the risk of accidental loss of or damage to the Product pass to a Customer who is not a consumer. In such a case the Seller is not liable for the loss, shortage or damage to the Product arising from its acceptance for carriage until its release to the Customer, nor for delay in carrying the parcel.
Where the Product is sent to the Customer through a carrier, a Customer who is not a consumer is obliged to examine the parcel in the time and manner customary for parcels of that kind. If they find that a shortage or damage to the Product occurred during carriage, they are obliged to take all steps necessary to establish the carrier's liability.
In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a consumer is excluded.
The liability of the Service Provider/Seller towards a Service Recipient/Customer who is not a consumer, whatever its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Contract of Sale, but to no more than one thousand zloty. The Service Provider/Seller is liable towards a Service Recipient/Customer who is not a consumer only for typical damage foreseeable at the time the contract was concluded and is not liable for lost profits towards a Service Recipient/Customer who is not a consumer.
Any disputes arising between the Seller/Service Provider and a Customer/Service Recipient who is not a consumer are submitted to the court having jurisdiction over the Seller's/Service Provider's registered office.
§15 Protection of Personal Data
The Customer's personal data registered in the online Shop is processed by the Seller as the controller of personal data on the basis of the provisions of the GDPR.
The Customer's personal data is processed in order to fulfil the Order and perform the Contract of Sale concluded with them, to prepare and deliver the Order, to issue accounting documents (receipts, invoices), and also in order to exercise the right of withdrawal from the contract and the right to submit a complaint on the terms set out in the Terms and Conditions.
The personal data of Customers who have set up an Account in the online Shop is processed solely to the extent necessary to register and service the Customer's account in the online Shop.
Providing personal data by the Customer in the online Shop is voluntary but necessary in order to carry out transactions within it. Failure to provide personal data makes it impossible to create an account in the online Shop and to carry out transactions within the online Shop.
The processing of personal data for commercial and marketing purposes takes place solely where consent is given voluntarily, independently of transactions within the online Shop. Withdrawal of consent to the processing of personal data will each time result in the deletion of the Customer Account in the online Shop.
The Customer has the right to request from the Seller access to the personal data concerning them, the right to have it rectified, erased or its processing restricted, to object, and to withdraw consent to the processing of personal data at any time. Exercising the right to withdraw consent does not affect the lawfulness of the processing of personal data which took place before consent was withdrawn
Personal data will be stored for the period necessary to carry out transactions in the Shop and to consider complaints, and is processed for as long as the Customer has an account in the Shop, but no longer than 3 years from the day of the transaction. Where personal data is processed for the Seller's legitimate purposes, the data is stored for the time needed to pursue them, and where it is processed on the basis of the Customer's consent, the data is stored solely until consent is withdrawn. A Customer with access to the Account may, through the Account settings, obtain in CSV/PDF format information about their personal data collected in the online Shop.
Personal data processed by the Controller will not be made available to other entities without the Customer's prior consent, unless such an obligation follows directly from generally applicable law.
The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office if they consider that the processing of personal data concerning them infringes the law.
[Link to the full privacy policy]
§16 Final provisions
In matters not regulated in these Terms and Conditions, generally applicable French and Polish law applies, in particular: the Civil Code; the Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Contracts of Sale concluded with Customers who are consumers – the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014 item 827, as amended); and other relevant provisions of generally applicable law.
The court having jurisdiction to settle disputes between Entrepreneurs is the court of the Seller's registered office.
Annex No. 1 – Specimen withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
DOWNLOAD THE FORM
If you have questions or doubts, call +48 536 413 945 or write to poznan.miyashome@gmail.com