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Terms of Use

Mikukids online shop

Terms and Conditions

specifying, among other things, the rules for concluding sales agreements via the shop, containing the most important information about the seller, the shop and consumer rights

 

The provisions relating to privileged traders apply to contracts

entered into after 1 January 2021.

 

CONTENTS
§ 1 Definitions
§ 2 Contacting the seller
§ 3 Technical requirements
§ 4 Purchases
§ 5 Payments
§ 6 Order processing and delivery 
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Claims
§ 10 Personal data
§ 11 Reservations

Appendix 1: Withdrawal form template

  • 1 DEFINITIONS

Working days - from Monday to Friday except public holidays.
Consumer - a consumer within the meaning of the Polish civil code.
Account - a free-of-charge function of the shop (service provided electronically) governed by separate terms, thanks to which the buyer may open an individual account in the shop.
Buyer - any entity purchasing from the shop.
Privileged Buyer - A privileged consumer or trader.
Privileged Trader - a natural person concluding an agreement with the seller which is directly related to his/her business activity, but which does not have a professional character for him/her (the definition is valid for agreements concluded after first January 2021).
Terms and Conditions - these terms and conditions.
Shop - mikukids online shop run by the seller at https://mikukids.com.
Seller - MASSIMILIANO SIRAGUSA, entrepreneur running a business under the name of Massimiliano Siragusa Consulting, registered in the Central Registration and Information on Business, maintained by the Minister of Economy competent for keeping the Central Register and Information on Business, tax ID NIP 5472150028, REGON no. 243528980, Międzyrzecze Górne 782, 43-392 Jasienica.

  • 2 CONTACTING THE SELLER
  1. Postal address: Międzyrzecze Górne 782, 43-392 Jasienica
  2. E-mail address: aldonakaczmarczyks@gmail.com
  3. Telephone: 604433332
  • 3 TECHNICAL REQUIREMENTS
  1. For the proper functioning of the shop, the following are required:
  • a device with access to the Internet
  • a web browser that supports JavaScript and cookies.
To place an order in the shop, apart from the requirements specified in paragraph 1, an active e-mail account is necessary.
  • 4 PURCHASES
  1. The prices of the goods shown in the shop are the total prices for the goods.
  2. The seller points out that the total order price consists of the price of the goods indicated in the shop and, if applicable, the delivery costs of the goods.
  3. The goods you have chosen to buy must be added to the basket in the shop.
  4. Next, the buyer chooses the method of delivery of the goods and the method of payment for the order from among those available in the shop and provides the data necessary to complete the order.
  5. An order is placed when the buyer confirms its contents and accepts the Terms and Conditions.
  6. Placing an order is the same as concluding a sales agreement between the buyer and the seller.
  7. The seller shall provide the privileged buyer with a hard copy of the confirmation of the conclusion of the sales contract at the latest on delivery of the goods.
  8. The buyer may register with the shop, i.e. create an account therein, or make purchases without registering by providing his/her data with every order.
  • 5 PAYMENTS
  1. The buyer can choose the method of payment for orders:
    1. by simple transfer to the seller's bank account;
    2. by payment card:
  • Visa
  • Visa Electron
  • MasterCard
  • MasterCard Electronic
  • Maestro
via a payment platform:
  • Shoper payments
on delivery, i.e. in cash at the time of delivery of the goods to the buyer; If payment is made via the Shoper payment platform, the entity providing online payment services is Blue Media S.A. If the buyer chooses to pay in advance, the order must be paid for within 3 working days of placing the order. The seller informs that due to the specificity of some payment methods, payment for an order using this method is only possible directly after placing the order. By purchasing from the shop, the buyer accepts the use of electronic invoices by the seller. The buyer has the right to withdraw their acceptance.
  • 6 ORDER PROCESSING AND DELIVERY
  1. The seller is obliged to deliver goods without defects.
  2. The order lead time is indicated in the shop.
  3. If the buyer has chosen to pay for the order in advance, the seller will proceed with processing the order after it has been paid.
  4. If the buyer has purchased items with different lead times within one order, the longest lead time of all the items shall apply for the whole order.
  5. States where orders are delivered:
  • Poland
  • Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
Goods purchased in the shop are delivered depending on the delivery method chosen by the buyer:
  • By courier
  • To InPost parcel locker
  • 7 RIGHT OF WITHDRAWAL
  1. A privileged buyer has the right to withdraw from a contract concluded with the seller via the shop, subject to § 8 of the Terms and Conditions within 14 days without giving any reason.
  2. The withdrawal period shall expire 14 days after the day:
    1. on which the privileged buyer came into possession of the goods or on which a third party other than the carrier and indicated by the privileged buyer came into possession of the goods;
    2. on which the privileged buyer comes into possession of the last item or on which a third party, other than the carrier and indicated by the privileged buyer, comes into possession of the last item in the case of a contract involving the transfer of ownership of multiple items which are delivered separately.
  3. In order for a privileged  buyer to exercise their right of withdrawal, he/she must inform the seller, using the data specified in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal declaration (for example, a letter sent by post or information sent by e-mail).
  4. A privileged buyer may use the withdrawal form template that can be found at the end of the Terms and Conditions, but this is not obligatory.
  5. In order to comply with the withdrawal period, it shall be sufficient for the privileged buyer to send information concerning the exercise of their right of withdrawal before the expiry of the withdrawal period.

    CONSEQUENCES OF WITHDRAWAL
  6. In the event of withdrawal from the concluded contract, the seller shall return to the privileged buyer all payments received from them, including the costs of delivery of the goods (with the exception of additional costs resulting from the method of delivery chosen by the privileged buyer other than the cheapest ordinary method of delivery offered by the seller), immediately and under no circumstances later than 14 days from the day on which the seller was informed about the decision of the privileged buyer to exercise their right of withdrawal.
  7. The seller shall refund the payment using the same means of payment used by the privileged buyer in the original transaction, unless the privileged buyer agrees otherwise, in which case the privileged buyer shall not incur any charges in connection with such refund.
  8. The seller may withhold the refund until it has received the goods or until it has been supplied with proof of return, whichever event occurs first.
  9. The seller asks that goods be returned to the address: Międzyrzecze Górne 782, 43-392 Jasienica immediately, and under no circumstances later than 14 days from the day on which the privileged buyer informed the seller of withdrawal from the sales agreement. The deadline is met if the privileged buyer returns the goods before the expiry of the14-day period.
  10. The privileged buyer shall bear the direct costs of returning the goods.
  11. The privileged buyer shall only be liable for any diminished value of the goods resulting from the use of the goods in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
  12. If the goods, due to their nature, cannot be returned in the usual way by post, the privileged buyer will also have to bear the direct costs of returning the goods. The seller will inform the privileged buyer about the estimated amount of these costs in the description of the goods in the Shop or when placing an order.
  13. In the event that a refund is required for a transaction made by the buyer with a privileged payment card, the seller will make the refund to the bank account assigned to that payment card.
  • 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
  1. The right of withdrawal from a contract concluded at distance referred to in § 7 of the Terms and Conditions shall not apply to contracts:
    1. in which the object of the supply is a non-refabricated item produced according to the specifications of a privileged  buyer or serving to satisfy their individual needs;
    2. where the object of the supply is a perishable item or an item with a short shelf life;
    3. in which the subject matter of the supply is an item delivered in a sealed package which cannot be returned after the package is opened for health protection or hygiene reasons, if the package has been opened after delivery;
    4. in which the object of the supply is an item which is inseparable from other items after delivery;
    5. where the object of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging was opened after delivery;
    6. for the supply of newspapers, periodicals or magazines with the exception of subscription contracts;
    7. in which the price or remuneration is dependent on fluctuations in the financial market over which the seller has no control and which may occur before the end of the period for withdrawal.
  • 9 CLAIMS
  1. In the event of a defect in the goods, the consumer has the possibility to lodge a claim for the defective goods on the basis of “rękojmia” warranty  or guarantee regulated in the Polish civil code, provided that the guarantee has been granted.
  2. Under the “rękojmia” warranty, the consumer may, on the terms and within the time limits specified in the civil code:
    1. make a declaration of a reduction in the price,
    2. in the event of a material defect, to withdraw from the contract,
    3. require the item to be replaced with a defect-free item,
    4. request rectification of the defect.
  3. The seller asks that claims under the “rękojmia” warranty be submitted to the postal or electronic address specified in § 2 of the Terms and Conditions.
  4. If it turns out that in order to process the claim it is necessary to deliver the faulty goods to the seller, the consumer is obliged to deliver the goods at the seller's expense to the address Międzyrzecze Górne 782, 43-392 Jasienica.
  5. If a guarantee has been additionally granted for the goods, information about such guarantee and its conditions is available in the product description in the shop.
  6. Claims concerning the operation of the shop should be sent to the e-mail address specified in § 2 of the Terms and Conditions.
  7. The claim will be dealt with by the seller within 30 days.

    OUT-OF-COURT CLAIM HANDLING AND ASSERTION
  8. In the event that the claim handling procedure fails to produce the result expected by the consumer, the consumer may make use of, among other things:
    1. mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. In principle, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. the assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. In principle, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance from the municipal or district consumer ombudsman;
    4. The ODR online platform is available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
  • 10 PERSONAL DATA
  1. The seller is the controller of the personal data provided by the buyer while using the shop. Detailed information regarding the processing of personal data by the seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the shop - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR".
  2. The purpose of processing the buyer's data provided by the seller in connection with purchases in the shop is the completion of orders. The basis for processing personal data in this case is:
  • contract or actions taken at the request of the buyer with a view to concluding it (Article 6(1)(b) of the GDPR),
  • the seller's legal obligation relating to accounting (Article 6(1)(c)) and
  • legitimate interest of the seller, consisting of the processing of data in order to establish, exercise or defend possible claims (Article 6(1)(f) GDPR). 
Provision of data by the buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of a contract in the shop. Buyer data provided in connection with purchases in the shop will be processed until:
  • the contract concluded between the buyer and the seller shall cease to be valid;
  • there is no longer any legal obligation on the seller to process the buyer's data;
  • the possibility of asserting claims by the buyer or seller related to a contract concluded by the shop ceases;
  • the buyer's objection to the processing of their personal data is accepted - if the basis of data processing was a legitimate interest of the seller

- whichever is applicable in a given case and whichever is the latest.

  1. The buyer is entitled to demand:
  • access to their personal data,
  • its rectification,
  • its deletion,
  • to restrict processing of such data,
  • transferring data  to another controller. Further, the buyer has the right
  • to object at any time, on grounds relating to the buyer's particular situation, to the processing of personal data concerning him or her, based on Article 6(1)(f) of the GDPR (i.e. on the legitimate interests pursued by the controller).
In order to exercise their rights, the buyer should contact the seller using the contact data in § 2 of the Terms and Conditions. In the event that the buyer considers his/her data to be unlawfully processed, the buyer may lodge a complaint with the President of the Office for Personal Data Protection.
  • 11 RESERVATIONS
  1. The provision of unlawful content by the buyer is prohibited.
  2. Every order placed in the shop constitutes a separate sales agreement and requires a separate acceptance of the Terms and Conditions. The contract is concluded for the duration and for the purpose of order processing.
  3. Contracts concluded on the basis of the Terms and Conditions shall be concluded in the Polish language.
  4. In the event of any dispute with a buyer who is not a privileged buyer, the competent court shall be the court that has jurisdiction over the seller's registered office.
  5. The duration of the “rękojmia” warranty period is 2 years from the date of delivery of the goods to the buyer.

 

Appendix no. 1 to the Terms and Conditions

The following is a withdrawal form template which privileged consumers or traders may but are not obliged to use:

 WITHDRAWAL FORM TEMPLATE
(to be completed and returned only if you wish to withdraw from the contract)

Massimiliano Siragusa Consulting Międzyrzecze Górne 782, 43-392 Jasienica e-mail address: aldonakaczmarczyks@gmail.com

- I/We(*) ..................................................................... hereby give notice(*) of my/our withdrawal from the contract of sale of the following goods(*) / for the provision of the following service(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of contract(*)/receipt(*) ..............................................................................................................................................................................

- Name(s) of Privileged Consumer(s) / Trader(s)

..............................................................................................................................................................................

- Address of Privileged Consumer(s) /  Trader(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................
Signature(s) of the Privileged Consumer(s)/Trader(s)
(only if the form is sent on paper)

Date ............................................

(*) Delete as appropriate.

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