Regulations of the Online Store - www.mirabelles.store
I. General provisions
- Regulations define general conditions for and manner of providing on-line Services and sales conducted by the Seller through the Online Store.
- Contact with the Seller:
- e-mail address: email@example.com;
- telephone number: +48 780014938.
- The Regulations are continuously available on the website of www.mirabelles.store, in a way that makes it possible to obtain, reproduce and preserve their content by printing or saving them on a carrier at any time.
- The Seller informs that the use of Services provided electronically may be associated with a risk on the part of each user of the Internet, consisting of the possibility of introduction of harmful software to the Customer's information and communication system and acquisition and modification of its data by unauthorized persons. In order to avoid the risk of threats, the Customer shall use appropriate technical measures, and in particular anti-virus and firewall software.
The terms used in the Regulations shall mean:
- Working Days – these are days from Monday to Friday excluding public holidays;
- Customer – a natural person with full legal capacity, a natural person running a business activity, a legal person or an organisational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order in the Internet Store or uses other Services available in the Internet Store;
- Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, paragraph 93 as amended);
- Account – the part of the Internet Store assigned to a given Customer, by means of which the Customer may carry out certain actions at the Online Store;
- Consumer – A Customer who is a consumer within the meaning of Article 22 of the Civil Code, as well as an Entrepreneur with Consumer Rights with respect to the right of withdrawal, the possibility to challenge the provisions of the contract, warranty and recourse;
- Entrepreneur with Consumer Rights - a natural person concluding a Sales Contract related to that person's business activity, where the provisions of that Contract indicate that it is not of a professional nature for that person, arising in particular from the subject of that person's business activity;
- Regulations – this document setting out the terms and conditions for the provision of Services through the Online Store;
- Online Store - the Seller's online shop operated at www.mirabelles.store.
- Seller - Myriam Kijowski-Tran, conducting her business activity under the name of Myriam Kijowski-Tran, registered in the Register of Entrepreneurs of the Central Register and Information on Business Activity, maintained by the competent Minister for Economic Affairs at the address Kazimierzowska 51a/6, 02-572 Warsaw, Tax Identification Number (NIP) 5213830308, Business Identification Number (REGON) 380444314;
- Products – products offered in the Online Store a description of which is available next to each of the products presented;
- Sales Contract – contract for the sales of Products, as defined by the Civil Code, concluded between the Seller and the Customer via the Online Store, with the wording compliant with the Regulations;
- Services – services provided by the Seller to the Customers electronically within the meaning of the Act of 18 July 2002 on provision of electronic services (Journal of Laws No. 144, paragraph 1204 as amended);
- Act on Consumer Rights – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, No. 827);
- Act on Provision of Electronic Services – the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws No. 144, paragraph 1204 as amended);
- Order – a declaration of will of the Customer constituting an offer to conclude a Sales Contract for a specific type and number of Products available at the Online Store.
III. Rules of using the Online Store
- The use of the Online Store is possible with devices that meet the following minimum technical requirements:
- a computer or mobile device with Internet access,
- access to the electronic mail,
- browser of Internet Explorer version 11 or higher, Firefox version 28.0 or higher, Chrome version 32 or higher, Opera version 12.17 or higher, Safari version 1.1 or higher,
- The use of the Online Store means any action by the Customer which results familiarising the customer with the content of the Online Store.
- The Customer shall in particular be obliged to:
- refrain from sending and transmitting content that is prohibited by law, e.g. content that promotes violence, is defamatory or infringes personal rights and other rights of third parties,
- use the Online Store in a manner not disrupting its operation, in particular by using specific software or devices,
- refrain from taking actions such as: sending or placing unsolicited commercial information (spam) in the Online Store,
- use the Online Store in a manner not burdensome for other Customers and the Seller,
- use any content placed in the Online Store only for one's own personal use,
- use the Online Store in a manner compliant with the provisions of the law in force in the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.
- Through the Online Store, the Seller makes it possible to use free Services, which are provided by the Seller 24 hours a day, 7 days a week
- The service of running an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, which is available on the website of the Online Store. The contract for the provision of the Service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and terminates when the Customer submits a request to delete the Account or uses the "Delete Account" button (if available within the functionality of the Online Store).
- The Seller has the right to organise occasional competitions and promotions, the terms of which will be specified on the website of the Online Store. Promotions in the Online Store do not combine, unless the rules of a given promotion state otherwise.
- In case of violation by the Customer of the provisions of the Regulations, the Seller, after an ineffective call to cease or remove the violations within the prescribed period, may terminate the contract for the provision of Services subject to 14-day termination notice.
V. Procedure for conclusion of the Sales Contract
- Information about the Products offered on the website of the Online Store, in particular their descriptions, technical and performance parameters and prices are an invitation to conclude a Sales Contract, within the meaning of Article 71 of the Civil Code.
- All the Products available in the Online Store are brand new and have been legally introduced into trading on the territory of the Republic of Poland.
- The prerequisite for placing an Order is having an active e-mail account.
- When placing an Order via the Order Form available in the Online Store, the Order is submitted to the Seller by the Customer in an electronic form. When placing an Order, the Customer is obliged to confirm: (i) the terms and conditions of the Order (including delivery costs), (ii) that he/she has read and accepts the Regulations; (iii) that he/she has read the instructions on the right to withdraw from the Contract (in case of Consumers); (iv) that he/she has placed the Order with the obligation to pay. An order submitted in an electronic form is binding upon the Customer if the Seller sends to the e-mail address provided by the Customer a confirmation of acceptance of the Order for completion, together with an indication of its terms. Upon receipt of the above confirmation by the Customer, the Sales Contract is concluded.
- Products are delivered to the address indicated by the Customer when placing the Order.
- Products are delivered via a courier company indicated on the website of the Online Store. If it is possible to choose the courier company or delivery method, the choice is made by the Customer when placing the Order.
- The Seller on the website of the Online Store in the description of the Product informs the Customer about the number of anticipated working Days (counting from the appropriate date, in accordance with clause VII paragraph 2) needed for completion of the Order and its delivery, as well as about the amount of fees for delivery of the Product.
- The Seller provides the Customer with proof of purchase.
- If the Products covered by the Order have different completion periods, the longest of the completion periods provided for in the Order shall apply to the entire Order.
VII. Prices and payment methods
- The prices of Products are given in Polish zloty and include all components, including VAT, customs duties and other fees. If a choice of another currency is made available in the Online Store, the choice shall be made by the Customer and the provisions of the previous sentence shall apply accordingly.
- The Customer may choose one of the following payment methods (subject to their availability):
- bank transfer to the Seller's bank account (in this case the execution of the Order will commence after the Seller has sent the Customer a confirmation of acceptance of the Order, and the shipment will be made immediately after crediting the Seller's bank account and compiling the Order);
- electronic payment (in this case execution of the Order will commence after the Seller has sent the Customer a confirmation of acceptance of the Order and after the Seller has received information from the settlement agent system that the payment has been made by the Customer, and the shipment will be made immediately after compiling of the Order). Electronic payment is carried out by a third party - the payment operator - on behalf of the Customer. The payment operator may require the acceptance of additional regulations and the submission of other statements.
- The Seller on the website of the Online Store informs the Customer about the time within which he is obliged to make payment for the Order. In case of failure to make the payment by the Customer within the time limit referred to in the previous sentence, the Seller, after prior ineffective call for payment setting an appropriate deadline, may withdraw from the Sales Contract based on Article 491 of the Civil Code.
VIII. Right of withdrawal from the Contract
- A Customer who is a Consumer may withdraw from a Sales Contract or a contract for the provision of Services without giving any reason by submitting an appropriate statement within 14 days from the date of its conclusion. In order to meet this deadline it is sufficient to send such statement before the expiry of such time limit.
- The Customer may formulate the statement itself or use the sample statement made available by the Seller on the website of the Online Store.
- The 14-day period starts on the date of delivery of the Products or, in the case of a contract for the provision of Services, on the date of its conclusion.
- The Seller, upon receipt of the Consumer's statement of withdrawal from the sales contract or the contract for the provision of Services will send to the Consumer's e-mail address confirmation of receipt of the statement of withdrawal.
- The consumer's right of withdrawal is excluded in case of:
- provision of services, if the Seller has performed the service in full with the express consent of the Consumer who has been informed before the provision of services that after the Seller's performance of the service the Consumer will lose the right to withdraw from the contract;
- contract in which the subject matter of the performance is a non-prefabricated Product manufactured according to the specification of the Consumer or serving to satisfy the Consumer's individual needs;
- contract in which the subject matter of the performance is a perishable Product or a Product with a short shelf life;
- contract in which the subject matter of the performance is the Product delivered in a sealed package that cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;
- contract in which the subject-matter of the performance is products which, after delivery, by their nature are inseparably connected with other items;
- contract for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the time limit for withdrawal from the contract expires and after the Seller has informed the consumer of the loss of the right to withdraw from the contract.
- In case of withdrawal from the Sales Contract concluded at a distance, the Sales Contract shall be considered as not concluded. What the parties have provided shall be returned in an unchanged condition, unless the change was necessary in order to ascertain the character, features and functionality of the Product. The return shall take place immediately, not later than within 14 days. The purchased Product shall be returned to the address of the Seller.
- The Seller shall immediately, but not later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Sales Contract reimburse to the Consumer all payments made by this Consumer, including the costs of delivery of the Products in accordance with paragraph 8 below. The Seller shall reimburse the payment using the same means of payment as the Consumer used, unless the Consumer agrees to another way of reimbursement, whereby this way of reimbursement will not involve any costs on the part of the Consumer. The Seller may withhold the reimbursement of payments received from the Customer until the moment of receiving the item back or providing the Customer with proof of its return, whichever occurs first, unless the Seller has offered to collect the item from the Customer.
- If the Consumer has chosen a method of delivery of the Product other than the least expensive standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Consumer the additional costs incurred by the Consumer.
- The Customer shall only bear the direct cost of returning the Product, unless the Seller has agreed to bear that cost.
IX. Product Warranty Claims
- The Seller undertakes to deliver the Product free from defects.
- The Seller shall be liable to the Customer who is a Consumer under the warranty for defects under the terms of Article 556 - 576 of the Civil Code.
- Any claims arising from the violation of Client's rights guaranteed by law or on the basis of the Regulations should be addressed to Myriam Kijowski-Tran, ul. Kazimierzowska 51a/6, 02 - 572 Warsaw, to the e-mail address: firstname.lastname@example.org, telephone number +48 780 014 938, +48 577 120 060.
- For the purpose of processing the complaint, the Customer should send or deliver the Product complained about, if possible attaching a proof of purchase. The Product should be delivered or sent to the address indicated in clause 3.
- The Seller undertakes to examine each complaint within 14 days.
- In case of defects in the complaint, the Seller will call the Customer to supplement it to the extent necessary, immediately, but not later than within 7 days from the date of receipt of the call by the Customer.
X. Complaints about the provision of electronic services
- The Customer may submit to the Seller complaints regarding the functioning of the Online Store and use of the Services. Complaints can be submitted in writing to the address: Myriam Kijowski-Tran, ul. Kazimierzowska 51a/6, 02 - 572 Warsaw, at the e-mail address: email@example.com, or phone number +48 780 014 938, +48 577 120 060.
- In the complaint, the Customer should provide the Customer’s name, correspondence address, type and description of the problem.
- The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer when the complaint will be considered. In case of defects in the complaint, the Seller will call the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the call by the Customer.
- Complaints regarding the execution of payment transactions by the payment operator should be addressed by the Customer directly to the payment operator in the manner and under the conditions specified by the payment operator. If the Customer refers a complaint regarding the execution of payment transactions to the Seller, the Seller shall make every effort to forward the complaint to the payment operator.
XII. Out-of-court complaint and redress procedures
- A Customer who is a Consumer has, inter alia, the following possibilities to resort to out-of-court complaint and redress procedures:
- it is entitled to apply to a permanent arbitration court acting at the Trade Inspection for settlement of a dispute arising from the concluded Sales Contract;
- it is entitled to apply to the regional inspector of the Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller;
- it may obtain free assistance in resolving a dispute between the Customer and the Seller, using also free assistance of county (municipal) consumer advocate or a social organisation whose statutory tasks include protection of consumers (e.g. Federation of Consumers, Polish Consumer Association). Advice is provided by the Federation of Consumers (Federacja Konsumentów) on its cost-free Consumer Helpline number 800 007 707 and by the Association of Polish Consumers (Stowarzyszenie Konsumentów Polskich) at firstname.lastname@example.org.;
- it may submit its complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
XIII. Personal data protection
XIV. Final provisions
- All rights to the Online Store, including copyright, intellectual property rights to its name, Internet domain, Online Store website, as well as to the forms and logos belong to the Seller, and the use of them may take place only in the manner specified and in accordance with the Regulations.
- The provisions contained in the Regulations regarding the Consumer, concerning withdrawal from the contract and complaints, shall apply to a natural person concluding an contract directly related to his/her business activity, when the wording of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions of the Central Business Activity Register and Information. Provisions on out-of-court settlement of complaints and redress shall not apply.
- Settlement of potential disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Civil Procedure Code.
- Any disputes arising between the Seller and the Customer, who is an Entrepreneur, shall be submitted to the competent court for the registered office of the Seller.
- For matters not regulated herein, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means, the provisions of the Act on Consumer Rights and other relevant provisions of the Polish law shall apply.
- Each Customer shall be informed of any amendments to these Regulations through information on the home page of the Online Store containing a summary of the amendments and the date on which they become effective. Customers who have an Account shall additionally be informed of the changes together with their summary at the e-mail address indicated by them. The date when the changes become effective shall not be shorter than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new wording of the Regulations, the Customer is obliged to inform the Seller about this fact within 14 days from the date of announcing the change of the Regulations. Notification to the Seller of non-acceptance of the new wording of the Regulations shall result in termination of the contract for the provision of Services.