Regulations for the online store
I. Definitions
Terms used in the Regulations mean:
1. Client – a natural person, a legal person or an organizational unit that is not a legal person, the special provisions of which grant legal capacity, which makes orders within the Shop;
2. Consumer – in accordance with art. 22 [1] of the Civil Code means a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
3. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
4. Regulations – these Regulations for the provision of electronic services as part of the Miapka Design online store;
5. Online Store (Store) – an Internet service available at https://miapka.pl/, through which the Customer may, in particular, place Orders;
6. Goods – products presented in the Online Store;
7. Sales contract – a contract for the sale of Goods within the meaning of the Civil Code, concluded between Miapka Design and the Customer, concluded using the Store’s website;
8. Consumer Rights Act – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
9. The Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
10. Order – Customer’s declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and number of the Goods.
II. General provisions
1. These Regulations define the rules for using the online store available at https://miapka.pl/.
2. These Regulations are the regulations referred to in art. 8 of the Act on the provision of electronic services.
3. The Miapka Design online store, operating at https://miapka.pl/, is run by Miapka Design Karolina Jędrasiak, Geodezyjna 80c / 18, 03-290, Warsaw, NIP: 7591613659, REGON: 362315772. Economic activity is registered in the Central Register and Information on Economic Activity (CEIDG), kept by the Minister competent for economy.
biuro@miapka.pl tel.501 789 468
4. These Regulations specify in particular:
– rules for registering and using an account as part of an online store;
– conditions and rules for submitting orders via e-mail as part of an online store;
– the principles of concluding Sales Agreements with the use of services provided as part of the Online Store.
5. Using the online store is possible provided that the IT system used by the customer meets the following minimum technical requirements: Windows operating system Linux mac os with a web browser
6. In order to use the online store, the Customer should gain access to a computer station or terminal device with access to the Internet.
7. In accordance with applicable law, Miapka Design reserves the right to limit the provision of services via the Online Store to persons who have reached the age of 18 years. In this case, potential customers will be notified of the above.
8. Customers can access these Regulations at any time via the link found on the home page of https://miapka.pl/ and download it and print it out. „
III. The rules of using the Online Store
1. The condition to start using the Online Store is registration within its framework.
Registration takes place by completing and accepting the registration form, available on one of the Store’s websites.
The condition of registration is to agree to the content of the Regulations and provide personal data marked as mandatory.
Miapka Design may deprive the Customer of the right to use the Online Store, as well as limit its access to some or all of the Online Store’s resources, with immediate effect, if the Customer violates the Regulations, in particular when the Customer:
– provided during registration in the online store data that are not true, inaccurate or outdated, misleading or infringing the rights of third parties,
– committed an online violation of personal rights of third parties, in particular the personal rights of other customers of the online store,
– allow other behaviours that will be recognized by Miapka Design for behaviour that is not compliant with applicable law or general principles of using the Internet or compromising the good name of Miapka Design.
A person who has been deprived of the right to use the online store can not register again without the prior consent of Miapka Design
2. In order to ensure the security of transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of security threat to the services provided, in particular measures to prevent the unauthorized acquisition and modification of personal data sent via the Internet .
3. The customer is obliged in particular to:
– use the Online Store in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
– non-delivery and non-forwarding content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties,
– use the Online Store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
– failure to take actions such as: sending or placing unsolicited commercial information (spam) as part of the Online Store,
– using the Online Store in a way that does not inconvenience other customers and for Miapka Design,
– use of all content included in the Online Store only for personal use,
IV. The procedure of conclusion of the Sales Agreement
1. In order to conclude a Sales Agreement via the Online Store, go to the website https://miapka.pl/ and select the Goods taking subsequent technical steps based on the messages displayed to the Customer and information available on the site.
2. The selection of ordered goods by the customer is made by adding them to the basket.
3. During placing the Order – until the button confirming the Order placement is pressed – the Customer has the possibility to modify the entered data and the selected Product. To do this, follow the messages displayed to the Client and the information available on the website.
4. After providing the Customer using the Online Store with all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among others description of selected goods or services, total price and all other costs.
5. In order to send an Order, it is necessary to accept the Regulations, provide personal data marked as mandatory and press the button confirming the submission of the Order.
6. Information about the Goods provided on the Store’s websites constitute an offer within the meaning of art. 66 of the Civil Code. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with Miapka Design, in accordance with the Regulations.
The contract is treated as concluded with the moment of receipt of the Customer’s order to the Online Store’s IT system, provided that the Order is in accordance with the Regulations.
After the conclusion of the contract, the Customer receives an e-mail confirming all essential elements of the Order.
7. The sales contract is concluded in Polish and English, with the content in accordance with the Regulations.
8. Customers can access these Regulations at any time via the link found on the home page of https://miapka.pl/ and download it and print it out.
Consolidation, security and sharing of order data and General Terms and Conditions (sales regulations) is done via e-mail. You can view earlier orders under your account after logging in.
V. Delivery
1. Delivery of the Goods is limited to the following countries: Poland, Albania, Austria, Belgium, Belarus, Bulgaria, Croatia, Cyprus, Montenegro, Czech Republic, Denmark, Estonia, Finland, France, Gibraltar, Greece, Spain, Holland, Ireland, Iceland, Iceland, Israel, Jersey, Lithuania, Luxembourg, Latvia, Macedonia, Malta, Monaco, Moldova, Germany, Norway, Portugal, Russia, Romania, Serbia, Switzerland, Sweden, Slovakia, Slovenia, Turkey, Ukraine, Vatican, Faroe Islands, Hungary , Italy.
and takes place at the address indicated by the Customer while placing the Order.
2. Delivery of the ordered Goods is carried out through:
– A courier company
There is no possibility of a personal reception of goods.
Delivery costs will be indicated at the time of placing the order,
3. The delivery deadline is: Pocztex courier the next working day from the date of dispatch, DHL courier the next business day from the date of dispatch, Global Express shipment 2-5 days from the date of shipment and counts from sending the Order by the Customer.
4. Damage to the Product caused during delivery.
In the case of a Customer who is a Consumer: in the case of a consumer distance purchase, an online seller always bears the risk of accidental damage or loss of goods in transit. If, after receiving the Goods, you find damage caused by the transport, please contact our store. Provisions regarding the submission of complaints are contained in point VIII of these Regulations.
In the case of a Customer who is not also a Consumer: the risk of accidental damage or loss of the Goods passes from the Online Store to the Buyer at the time of entrusting the Goods to the carrier involved in the carriage of goods of a given type or the person designated by the Buyer or a courier company.
VI. Prices and payment methods
1. Commodity prices are given in Polish zloty and include all components, including VAT (with distinction of the rate), customs and all other components.
2. The customer has the option to pay the price:
– payment in the Dotpay system
VII. The right to withdraw from the contract
Only the Customer who is a Consumer has 14 days to withdraw from the contract. According to art. 22 (1) of the Civil Code for a Consumer is considered a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
The right to withdraw from the contract
You have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date on which you came into possession of the item or in which a third party other than the carrier and indicated by you came into possession of the item.
To exercise the right of withdrawal, you must inform us (Miapka Design Karolina Jędrasiak, Geodezyjna 80c / 18, 03-290 Warszawa, biuro@miapka.pl, Tel: 501789468, Fax: 501789468) about your decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post, fax or e-mail). You can use the model withdrawal form, but it is not obligatory.
To keep the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
Effects of withdrawal from the contract
In the event of withdrawal from this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from the delivery method chosen by you other than the cheapest method of delivery offered by us), immediately, and in any case not later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have explicitly agreed otherwise; in any case, you will not incur any fees in connection with this return. We can withhold the return of the payment until receipt of the item or until proof of its return is provided to us, depending on which event occurs first.
Please send back or give us the item or Karolina Jędrasiak Miapka Design ul. Geodezyjna 80c / 18 03-290 Warsaw, immediately, and in any case not later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the deadline of 14 days. You will have to bear the direct cost of returning the items. You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.
MODEL FORM OF WITHDRAWING FROM THE AGREEMENT
(this form should be filled in and returned only if you wish to withdraw from the contract) – Addressee Miapka Design Karolina Jędrasiak, Geodezyjna 80c / 18, 03-290 Warsaw, biuro@miapka.pl, Phone: 501789468- I / We (*) I hereby inform / we inform (*) about my / our withdrawal from the contract of sale the following items (*) contract for the delivery of the following items (*) contract for the work consisting in the performance of the following things (*) / for the provision of the following service (*) – The date of the contract (* ) / receive (*)
– Name and surname of consumer (s)
– Consumer (s) address
– Signature of the consumer (s) (only if the form is sent in paper version)
– Date
(*)cross out unnecessary.
VIII. Complaints about the Goods
1. Miapka Design as a seller is liable to the Customer being a Consumer within the meaning of art. 22 [1] of the Civil Code, under the warranty for defects in the scope specified in the Civil Code, in particular in art. 556 and art. 556 [1] -556 [3] and subsequent Civil Code.
2. Complaints arising from violation of rights guaranteed by law or under these Regulations should be directed to: Miapka Design Karolina Jędrasiak, Geodezyjna 80c / 18, 03-290, Warsaw, biuro@miapka.pl. Miapka Design undertakes to consider each complaint within 14 days. Failure to examine the complaint within the above deadline means that it is justified.
3. In the case of a Sales Agreement concluded with a Customer who is not also a Consumer, pursuant to art. 558 § 1 of the Civil Code, the liability of the Online Store under the warranty for physical defects of the Goods is excluded. This exclusion is ineffective if the seller has concealed the flaw.
4. Miapka Design is a producer of products available in the store. Miapka Design as a manufacturer bears responsibility for the warranty of the sold Goods on terms and for the period indicated in the warranty card.
IX. Complaints regarding the provision of services by electronic means
1. Miapka Design takes actions to ensure that the Store operates properly, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.
2. The Customer is obliged to immediately inform Miapka Design about any irregularities or interruptions in the functioning of the Online Store website.
3. The Customer may report irregularities related to the functioning of the Store to: Miapka Design Karolina Jędrasiak, Geodezyjna 80c / 18, 03-290, Warsaw, biuro@miapka.pl or using the contact form
4. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of irregularities related to the functioning of the Store.
5. Miapka Design undertakes to consider each complaint within 14 days. Failure to examine the complaint within the above deadline means that it is justified.
X. Out-of-court ways to handle complaints and redress
1. Please be advised that the Customer being a Consumer is entitled to the following non-judicial means of dealing with complaints and pursuing claims:
The possibility to request the initiation of mediation proceedings to the Provincial Inspector of Trade Inspection.
Application for recognition of a dispute regarding the concluded Sales Agreement by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of Trade Inspection.
The consumer can also take advantage of the free assistance of the Poviat / Municipal Consumer Ombudsman or a social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
The European Commission also provides a platform for online dispute resolution (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
The network of European Consumer Centres (ECK) helps in resolving cross-border disputes.
2. Detailed information on the Consumer’s option of out-of-court settlement of complaints and the right to access these procedures is available at the offices and on the websites of poviat / municipal consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates Trade Inspection and the Internet address: https://uokik.gov.pl/spory_konsumenckie.php.
3. The use of non-judicial means of dealing with complaints and redress is voluntary and can only take place if both parties of the dispute agree.
XI. Final Provisions
1. The competent court for resolving disputes with Consumers is the court having territorial jurisdiction according to the applicable provisions of the Code of Civil Procedure.
2. Settlement of any disputes arising between Miapka Design and the Customer who is not a Consumer is subject to a court having jurisdiction over our registered office.
3. In matters not covered by these Regulations, the provisions of applicable law shall apply, in particular the provisions of the Act of 23 April 1964. The Civil Code (consolidated text, Journal of Laws of 2014, item 121, as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). In the event of any inconsistency of these Regulations with the rights of customers and provisions resulting from generally applicable provisions, generally applicable provisions of Polish law shall apply.