CLAUSE 1 GENERAL PROVISIONS
1.1. The owners of the online shop operating at the internet address https://miajg.co.uk (hereinafter referred to as the “Website”) are: Elly Żarczyńska conducting business activity under the business name Mia JG Elly Żarczyńska Handel i Usługi, Tax ID No. (NIP) 977939338, National Business Registry No. 9291523640 (hereinafter referred to as the “Service Providers”) and company MIA JG LTD, conducting business activity under the business name Mia JG LTD, company number 13931075. Address for correspondence: Suite 129, 372 Old Street EC1V 9LT London, email address: firstname.lastname@example.org.
1.2. The Service Providers operate the online shop (hereinafter referred to as the “Shop”) through the Website, where they offer the sale of goods and provision of services electronically. The rules for using the Shop are outlined in these regulations (hereinafter referred to as the “Regulations”). With regard to services provided electronically, the Regulations serve as the regulations referred to in Art. 8 of the Act on the Provision of Services by Electronic Means of 18 July 2002 (consolidated text Journal of Laws of 2020, item 344).
1.3. The shop is a website through which the Service Providers sell goods via the Internet.
1.4. The purchaser of the goods offered in the Shop is an adult user of the Website (including a user who has previously created an account in the Shop) who places an Order (hereinafter referred to as the “Customer”).
1.5. A Customer who is a natural person and places an Order in the Shop that is not directly connected with his or her business or professional activity shall be hereinafter referred to as the “Consumer”.
1.6. Browsing the content of the Website does not require the provision of any data, particularly the creation of an account on the Website.
1.7. The information about the goods available on the Website constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
CLAUSE 2. GENERAL TERMS AND CONDITIONS OF SALE
2.1. Goods are sold by the Shop through the conclusion of a contract of sale via the Internet. The conclusion of a contract of sale takes place through the placement of an order by the Customer and the confirmation of its acceptance by one of the Service Providers.
2.2. The subject of a contract of sale may be the goods presented on the Website and available in the product range of the Shop at the time of placing an Order or products selected by a User individually. The shop sells new products, defective new products, and personalized new products.
2.3. The prices of the products in the product range of the Shop are gross prices and include VAT. The prices quoted do not include shipping costs, which will be indicated at the time of placing an Order.
2.4. Orders placed by Consumers shall be fulfilled at the prices applicable on the day the Order is placed, shown next to the photograph or description of the goods. Prices of goods are retail prices and include all taxes.
2.5. The shop https://miajg.co.uk sells goods worldwide.
2.6. The Service Providers do not carry out wholesale of goods via the online shop operating at the internet address https://miajg.co.uk. If you intend to place an order for a large volume of goods or for a large value of goods, you are kindly requested to contact the Service Providers directly in advance as indicated in Clause 1(1) of the Regulations. The Service Providers will not confirm orders placed in violation of the provisions referred to in this Section. If you would like to establish wholesale trade cooperation with the Service Providers, you are encouraged to contact the Service Providers directly as indicated in Clause 1(1) of the Regulations.
2.7. Orders placed in the shop may not be combined, particularly by combining separate orders within a single shipment.
2.8. Discount codes may not be combined with other promotions and apply only to full-priced products.
2.9. Orders placed with the obligation to pay may not be edited.
Clause 3. REGISTRATION OF AN ACCOUNT ON THE WEBSITE
3.1. Orders can also be placed without prior registration of an account on the Website.
3.3. As a result of your registration, you will be assigned an account that will enable identification of activities performed by the user via the Website, including the placement of orders in the Shop. As part of the previously created account, the Customer can add additional details, which may be supplemented voluntarily, e.g. indication of delivery addresses for Orders.
3.4. The account can be accessed by entering the login and password assigned to the account. The password must be kept secret and protected from unauthorized access by third parties.
3.5. You can delete your account at any time by sending a relevant request to the Service Providers’ email address, email@example.com. The cancellation of the account does not affect the fulfillment of placed Orders, which were confirmed by the Service Providers (a contract has been concluded, which does not deprive the Consumer of the right to withdraw from the contract under the principles laid down in the Regulations).
3.6. The service of maintaining an account on the Website is rendered by the Service Providers free of charge.
3.7. The Service Providers may temporarily suspend access to an account or terminate a user’s access to an account with one week’s notice (by informing the user by email), if the account is found to be used in a manner contrary to the Regulations or its intended use.
Clause 4. ORDERS
4.1. An order is a declaration of intent to conclude a contract of sale of goods, made by the Customer in electronic form using the Internet and the functions of the Website, selected by the Customer from among those currently available in the Shop and presented on the Website or created by the Wizard, and the price is the sum of the prices of the selected goods and the delivery costs.
4.2. The Customer can place an order through the Website 24 hours a day, 7 days a week, all year round.
4.3. The selection of goods for the Order is made by adding them to the shopping list – shopping cart. It is possible to verify the contents of the shopping cart at any time.
4.5. Until the selection of products is confirmed by pressing the “ORDER AND PAY” button, the Customer has the possibility to change and modify the products in the shopping cart and the contact details for shipping.
4.6. In the course of the presentation of the goods on the Website and the Ordering process, but at the latest before the Consumer presses the “ORDER AND PAY” button, the Service Providers shall inform the Consumer in a clear and comprehensible manner about the following:
a) the main qualities of the performance, including of the goods,
b) their identification data, in particular the name, address, telephone number of the company, the authority which has registered the business activity and the number under which the entrepreneur was registered,
c) the address where the Consumer can lodge a complaint,
d) the total price including all components, in particular taxes, delivery and postal charges, and the payment method and due date,
e) the method and date of delivery of the Order and the complaints procedure,
f) the costs of using the means of distance communication for the conclusion of the contract in case those costs are higher than the usual costs for the use of the means of communication,
i) the obligation to deliver goods without defects,
j) the existence and content of after-sales services and how they are provided,
k) the possibility of having recourse to out-of-court procedures of complaint handling and pursuing claims as well as the principles of access to these procedures.
4.7. The Service Providers will confirm the Order placed by the Customer by indicating, through the Website after the “ORDER AND PAY” button is selected and separately in an email sent to the Customer’s address, the Order details, in the form of:
a) the Service Providers’ details, including the Service Providers’ telephone number and email address,
b) Customer’s details,
c) the Order number,
d) a list of the goods which are the subject of the Order, together with their unit prices,
e) the total net and gross amounts and the chosen method and date of payment,
f) the total value of the Order including all costs,
g) the method and time of delivery,
i) a link to download a file with the model declaration on withdrawal from the contract,
j) links to web pages containing:
the applicable complaints procedure,
charges for transport, delivery, postal services or other costs,
the accepted means of payment and due date.
4.8. The Customer will receive an email confirming the commencement of fulfillment of the order and a separate email advising that the package has been transferred for dispatch.
4.9. In the Order placement process, the Customer may express the wish to receive a cash register receipt or a simplified receipt, which may be enclosed with the shipment or sent electronically to the indicated email address. The Service Providers do not issue VAT invoices.
4.10. The Order confirmation will contain a link to the service enabling online payment.
4.11. The Shop may contact the Customer by telephone or email in relation to the placement or processing of the Order.
4.12. If any inaccuracies are found in the contents of the message confirming acceptance of the Order, the Customer may contact the Shop only by email at firstname.lastname@example.org, stating the Order number in the body of the message.
4.13. The Order will be delivered to the address indicated by the Customer in the Order.
4.14. The Service Providers shall deliver the Ordered Goods to the Consumer free from defects. The Service Providers also sell goods with minor defects, in which case, however, information about the defect and its description shall be included in each case in the description of such goods.
4.15. Orders placed in the shop may not be combined, particularly by combining separate orders within a single shipment.
Clause 5. PAYMENTS
5.1. The Customer pays for the ordered products by means of the online payment options set out on the website. If the transaction is rejected, please contact the payment provider directly.
5.2 The shop does not carry out cash on delivery sales or shipments.
Clause 6. ORDER PROCESSING AND DISPATCH
6.1. In the event of non-payment or the lack of confirmation of the Order by the Service Providers within 5 working days, the Order will be cancelled by the Service Providers, of which the Customer will be notified by email.
6.2. The fulfillment of the Order starts when the Customer receives an automatic email informing him or her that the payment has been accepted.
6.3. When all the goods ordered by the Customer are completed and ready for dispatch, an email is sent about the completion of the Order. The Customer will receive a final message indicating the status of the Order when the Order is dispatched to the Customer.
6.4. It is possible to change the shipping details by contacting the Shop at email@example.com.
6.5. The Customer cannot cancel an Order that has already been dispatched (the Customer has received a dispatch message). The above does not exclude the Consumer’s right to withdraw from the contract as described in Clause 7 of the Regulations.
Clause 7. WITHDRAWAL FROM THE CONTRACT
7.1. The Consumer shall not have the right to withdraw from a contract concluded through the Website in relation to the purchase of personalized products (made by the Service Providers to the Consumer’s specifications or to meet the Consumer’s personalized needs). Such products are considered to include all products in the permanent product range, tailored to the consumer’s individual needs. If there is a problem with the goods received, the Consumer will contact the Service Providers by emailing firstname.lastname@example.org to reach an agreement.
Clause 8. TERMS OF COMPLAINTS
8.1. The Service Providers are liable to the Customer for defects in the goods purchased by the Customer to the extent set out in the Civil Code (consolidated text Journal of Laws 2019.1145). The Service Providers are liable to the Customer if the goods sold have a physical or legal defect (statutory warranty), where a physical defect is the non-conformity of the delivered products with the contract. The Customer shall have the right to lodge a complaint within one year from the date of delivery of the goods to him or her by the Service Providers. The Service Providers are not liable to the Customer for defects in the goods of which the Customer was aware at the time of the conclusion of the contract, and the Customer shall have no right to file a complaint about such a product. All mechanical damage caused due to the fault of the purchaser, fading and discoloration of fabrics due to improper use, damage, discoloration of the goods caused by improper care and non-compliance with the manufacturer’s recommendations as well as fading and discoloration due to weather conditions cannot be complained about. In addition, due to different display screen settings, the fabric colors presented on the Website may differ from the actual fabric colors.
8.2. In order to lodge a complaint, the Customer should first contact the Service Providers at the email address email@example.com, providing a completed complaint notification (description of the complaint, scope of the complaint), as well as enclosing photographs of the defective goods and agreeing to the Customer’s address for collection of the defective goods by the courier service indicated by the Service Providers. When lodging a complaint, the complained-about washed/cleaned goods must be delivered to the Service Providers packed in a box together with the proof of purchase and a completed complaint notification (description of the complaint, scope of the complaint) to the address: MIA JG UK, 25 Burtt House, Aske street, N1 6LE London.
8.3. The Service Providers will consider the complaint within 14 days from the date of filing the complaint and will notify the Customer of the further course of action.
8.4. If the complaint is accepted as valid, the Service Providers shall immediately replace the defective goods with goods free of defects or remove the defect and cover the costs incurred by the Customer for the delivery of the defective product to the Service Providers by the courier service indicated by the Service Providers, subject to Clause 8(5). The above shall not affect the Customer’s ability to demand a price reduction or to withdraw from the contract if the defect is significant. The complaint will be considered within 14 days. Suppose it is not possible to replace the goods, remove the defect, or reduce the price. In that case, the Service Providers shall immediately refund the amount due in accordance with the applicable laws.
8.5. In the event that, as a result of the change of the location of the product, the costs of delivering the defective product to the Service Providers were higher than if the product had remained at the place of the original delivery of the product, the Customer shall be entitled to receive a refund of the costs of delivery of the defective product to the Service Providers up to an amount calculated according to the delivery rates applicable in the country of the original delivery of the product.
8.6. If the complaint is found to be groundless, the Service Providers will immediately send the goods back to the Customer at the Customer’s expense to the address indicated in the complaint form.
8.7. The Consumer may make use of out-of-court methods of handling complaints and pursuing claims. If the Consumer wishes to make use of the possibility of amicable dispute resolution for online purchases, he or she can submit his or her complaint via, for example, the EU ODR platform, available at: http://ec.europa.eu/consumers/odr/. The Consumer can seek the assistance of the municipal or district consumer ombudsman, voivodeship inspectorates of trade inspection, or one of the social organizations whose statutory tasks include consumer protection, e.g. the Consumers Federation. Detailed information on out-of-court methods of dealing with complaints and pursuing claims is available at the offices or websites of consumer ombudsmen, voivodeship inspectorates of the Trade Inspection, relevant social organizations, and at the addresses available on the website of the Office of Competition and Consumer Protection.
Clause 9. PROTECTION OF PERSONAL DATA
9.1. The Service Providers are the controllers of personal data of Customers using the Shop and the Website. The Service Providers process personal data in accordance with the provisions of 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) (OJ L 119, 04.05.2016, p. 1), hereinafter referred to as the “GDPR”.
9.2. The Customer has the right to access his or her personal data, rectify them, delete or limit processing, the right to object to processing, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of the processing carried out based on the consent prior to its withdrawal.
CLAUSE 10. FINAL PROVISIONS
10.1. The Service Providers reserve the right to amend these Regulations for important reasons, i.e. due to changes in the law, changes in the methods of payment and delivery, changes in the organizational structure or the provision of new services. The Service Providers shall notify the Customers of any amendments to the Regulations at least 7 days before they enter into force. The amendments shall be binding on the Customers if the Service Providers have complied with the obligation to notify the Customer of the amendments and the Customer has not terminated the contract within 14 days from the date of receipt of the notification.
10.2. In matters not regulated by these Regulations, the provisions of Polish law shall apply, in particular the Civil Code and the Act on the Provision of Services by Electronic Means.
10.3. The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. To this end, he or she may submit his or her complaint via the EU ODR platform, available at: http://ec.europa.eu/consumers/odr/. The Customer can also seek assistance from the municipal or district consumer ombudsman, voivodeship inspectorates of the Trade Inspection, or one of the social organizations whose statutory tasks include consumer protection, e.g. the Consumers Federation. Detailed information on out-of-court methods of dealing with complaints and pursuing claims can be found at the offices or websites of consumer ombudsmen, voivodeship inspectorates of the Trade Inspection, relevant social organizations, and at the addresses available on the website of the Office of Competition and Consumer Protection.
10.4. Any disputes arising between the Service Providers and the Customer who is a Consumer shall be submitted to the competent common court of general jurisdiction in accordance with the relevant provisions of the Code of Civil Procedure.
10.5. The Regulations shall enter into force on the day of their publication on the Website.
10.6. The Regulations have been prepared in both Polish and English versions. In the event of any discrepancies between the Polish and English versions, the Polish version shall prevail.