Terms and Conditions
Online Store Terms and Conditions
§ 1
Preliminary Provisions
The Mitomo.pl online store, available at www.mitomo.pl, is operated by Mitomo Ewa Kostjan-Kalinina, conducting business under the name MITOMO Ewa Kostjan-Kalinina, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for economy, NIP 7121630554, REGON 430249873.
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store and the rules and procedure for concluding Distance Sales Agreements with the Customer through the Store.
§ 2
Definitions
Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
Seller – a natural person conducting business activity under the name Mitomo Ewa Kostjan-Kalinina, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for economy, NIP 7121630554, REGON 430249873.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, legal person, and organizational unit without legal personality, to which a separate statute grants legal capacity, conducting business activity on its own behalf, who uses the Store.
Store – an online store operated by the Seller at the internet address www.mitomo.pl.
Distance Agreement – an agreement concluded with the Customer as part of an organized system for concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the conclusion of the agreement.
Regulations – these Store regulations.
Order – a declaration of will by the Customer submitted using the Order Form and directly aimed at concluding a Sales Agreement for a Product or Products with the Seller.
Account – the customer’s account in the Store, where data provided by the Customer and information about Orders placed by them in the Store are collected.
Registration Form – a form available in the Store, enabling the creation of an Account.
Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart – a component of the Store’s software where Products selected by the Customer for purchase are visible, and where it is possible to determine and modify Order details, in particular the quantity of products.
Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
Sales Agreement – a product sales agreement concluded or to be concluded between the Customer and the Seller via the online Store. The Sales Agreement also includes – depending on the characteristics of the Product – a service agreement and a contract for specific work.
§ 3
Contact with the Store
Seller’s Address: Tyśmienica 240, 21-200 Parczew, Poland.
Seller’s email address: mitomo.polska@gmail.com
Seller’s phone number: +48609815046
Seller’s bank account number: 96114020040000300277966297
The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.
The Customer may contact the Seller by phone between 8 AM and 4 PM.
§ 4
Technical Requirements
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
an end device with internet access and an up-to-date web browser,
an active email account,
cookies enabled.
§ 5
General Information
To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products available in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the fulfillment of the Order without creating an Account.
Prices given in the Store are in Polish zlotys and are gross prices (including VAT).
The final (total) amount to be paid by the Customer consists of the price for the Product and the delivery cost (including transport fees, delivery, and postal services), of which the Customer is informed on the Store’s pages during the ordering process, including at the moment of expressing willingness to be bound by the Sales Agreement.
If the nature of the subject of the Agreement does not allow, reasonably assessing, for the prior calculation of the final (total) price, information on how the price will be calculated, as well as on transport fees, delivery, postal services, and other costs, will be provided in the Store in the Product description.
§ 6
Creating an Account in the Store
To create an Account in the Store, you must fill out the Registration Form.
Creating an Account in the Store is free of charge.
Logging into the Account is done by providing the login and password established in the Registration Form.
The Customer has the right, at any time, without giving a reason and without incurring any fees, to delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.
§ 7
Rules for Placing an Order
To place an Order, you must:
log in to the Store (optional);
select the Product that is the subject of the Order, then click the “Add to Cart” (or equivalent) button;
log in or use the option to place an Order without registration;
if the option to place an Order without registration has been chosen – fill out the Order Form by entering the recipient’s details and the address to which the Product is to be delivered, select the type of shipment (method of Product delivery), enter invoice details if they are different from the Order recipient’s details,
click the “Order and Pay” button / click the “Order and Pay” button and confirm the order by clicking the link sent in the email,
choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.
§ 8
Available Delivery and Payment Methods
The Customer may use the following methods of delivery or collection of the ordered Product:
economic or priority registered letter, cash on delivery shipment,
2. The Customer may use the following payment methods:
Cash on delivery
Bank transfer to the Seller’s account
Electronic payments
Credit card payment.
3. Detailed information on delivery methods and accepted payment methods can be found on the Store’s pages.
§ 9
Execution of the Sales Agreement
The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer has placed an Order using the Order Form in the online Store in accordance with § 7 of the Regulations.
After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by the Seller sending the Customer an appropriate email to the email address provided by the Customer during the ordering process, which contains at least the Seller’s statements about receiving the Order and accepting it for processing, and confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded at the moment the Customer receives the aforementioned email.
If the Customer chooses:
payment by bank transfer, electronic payments, or credit card payment, the Customer is obliged to make the payment within 3 calendar days from the date of concluding the Sales Agreement – otherwise the order will be canceled.
cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
.
If the Customer has chosen a delivery method other than cash on delivery, the product will be sent by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
a In the case of ordering Products with different delivery times, the delivery time is the longest stated time.
b In the case of ordering Products with different delivery times, the Customer has the option to request delivery of the Products in parts or delivery of all Products after the entire order has been completed.
The start of the delivery period for the Product to the Customer is calculated as follows:
If the Customer chooses payment by bank transfer, electronic payments, or credit card – from the date the Seller’s bank account is credited.
If the Customer chooses cash on delivery – from the date of concluding the Sales Agreement.
Product delivery takes place within Europe.
Product delivery to the Customer is paid, unless the Sales Agreement states otherwise. The costs of Product delivery (including transport fees, delivery, and postal services) are indicated to the Customer on the online Store’s pages in the “Delivery Costs” tab and during the ordering process, including at the moment the Customer expresses willingness to be bound by the Sales Agreement.
§ 10
Right of Withdrawal from the Agreement
A Consumer may withdraw from a Sales Agreement within 14 days without giving any reason.
The period specified in paragraph 1 begins from the delivery of the Product to the Consumer or a person indicated by them other than the carrier.
In the case of an Agreement covering multiple Products that are delivered separately, in batches, or in parts, the period indicated in paragraph 1 runs from the delivery of the last item, batch, or part.
The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the expiry of this period.
The statement can be sent via traditional mail or electronically by sending the statement to the Seller’s email address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement can also be submitted using the form, the template of which is Annex No. 1 to these Regulations and an annex to the Act of May 30, 2014, on consumer rights, but this is not obligatory.
If the Consumer sends the statement electronically, the Seller will immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the email address provided by the Consumer.
Effects of withdrawal from the Agreement:
In the event of withdrawal from a distance agreement, the Agreement is considered not concluded.
In the event of withdrawal from the Agreement, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, return all payments made by the Consumer, including the costs of delivering the item, with the exception of additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller.
The Seller will refund payments using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for them.
The Seller may withhold the refund of payments until the Product is received back.
The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which they informed the Seller of their withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, it could not be sent back by ordinary mail.
The Consumer is only liable for any diminished value of the Product resulting from its use in a manner other than what was necessary to establish the nature, characteristics, and functioning of the Product.
8. The right to withdraw from a distance agreement does not apply to an Agreement:
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
§ 11
Complaints and Warranty
New Products are covered by the Sales Agreement.
The Seller is obliged to deliver to the Customer an item free from defects.
In the event of a defect in goods purchased from the Seller, the Customer has the right to file a complaint based on the provisions regarding warranty for defects in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty for defects.
Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer’s request regarding the defect of the goods.
The Seller will respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Customer’s request has been deemed justified.
Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of these Regulations.
If a warranty has been granted for the Product, information about it, as well as its content, will be included in the Product description in the Store.
§ 12
Out-of-Court Methods for Handling Complaints and Pursuing Claims
Detailed information regarding the Consumer’s possibility to use out-of-court methods for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
The Consumer has the following exemplary possibilities to use out-of-court methods for handling complaints and pursuing claims:
The Consumer is entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from an Agreement concluded with the Seller.
The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of a dispute between the Consumer and the Seller.
The Consumer can also obtain free assistance in resolving a dispute between them and the Seller by using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Polish Consumers Association).
§ 13
Information on personal data has been included in the Privacy Policy.
§ 14
Final Provisions
1. Agreements concluded through the online Store are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for important reasons, namely: changes in legal provisions, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.
3. In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on personal data protection.
4. The Customer has the right to use out-of-court methods for handling complaints and pursuing claims. For this purpose, they can submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.