Terms and conditions of the online store www.mieta.eu

TERMS AND CONDITIONS OF THE ONLINE STORE

MIETA.EU

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. TERMS AND CONDITIONS OF THE SALES AGREEMENT
  4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
  5. COST, METHODS AND TERMS OF DELIVERY AND COLLECTION OF PRODUCTS
  6. PRODUCT COMPLAINTS
  7. OUT-OF-COURT COMPLAINTS AND CLAIMS PROCEDURES AND RULES FOR ACCESS TO THESE PROCEDURES
  8. RIGHT TO WITHDRAW FROM THE AGREEMENT (APPLICABLE TO SALES AGREEMENTS CONCLUDED ON OR AFTER 25 DECEMBER 2014)
  9. PROVISIONS CONCERNING ENTREPRENEURS
  10. FINAL PROVISIONS
  11. MODEL FORM FOR WITHDRAWAL FROM THE CONTRACT

The online store www.mieta.eu cares about consumer rights. Consumers cannot waive their rights under the Consumer Rights Act. Provisions of contracts that are less favourable to consumers than the provisions of the Consumer Rights Act are invalid and are replaced by the provisions of the Consumer Rights Act. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights under mandatory provisions of law, and any doubts should be interpreted in favour of the consumer. In the event of any conflict between the provisions of these Terms and Conditions and the above provisions, the latter shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1. The Online Store available at the internet address www.mieta.eu is operated by Piotr Iskra, conducting business activity under the name PIOTR ISKRA BASIL, entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, with the following address of the place of business and address for service: Szlak 32/1, 31-153 Kraków, Tax ID 8212012785, REGON 711692223, email address: shop@mieta.eu, telephone number: (+48) 533 537 273.

1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Terms and Conditions provides otherwise.

1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains, in particular, the rules for the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of processing of personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Seller's statutory obligations).

1.4. Definitions:

  1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
  2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
  3. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by law – which has concluded or intends to conclude a Sales Agreement with the Seller.
  5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
  6. ACCOUNT – an Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's ICT system, in which the data provided by the Service Recipient and information about the Orders placed by them in the Online Store are collected.
  7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
  8. PRODUCT – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
  9. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
  10. ONLINE STORE – the Service Provider's online store available at the following internet address: www.mieta.eu.
  11. SELLER, SERVICE PROVIDER – Piotr Iskra conducting business activity under the name PIOTR ISKRA BASIL entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, with the following address of the place of business and address for service: Szlak 32/1, 31-153 Kraków, Tax ID 8212012785, REGON 711692223, email address: shop@mieta.eu, telephone number: (+48) 533 537 273.
  12. SALES AGREEMENT – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller via the Online Store.
  13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
  14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.
  15. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
  16. ORDER – a declaration of will made by the Customer using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.

  1. Account – the use of the Account is possible after the Service Recipient has completed three consecutive steps – (1) filling in the Registration Form, (2) clicking on the ‘Register’ field and (3) confirming the intention to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided. In the Registration Form, the Service Recipient must provide the following data: email address and password.
  2. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete their Account (resign from the Account) by sending a relevant request to the Service Provider, in particular by email to the following address: shop@mieta.eu or in writing to the following address: Szlak 32/1, 31-153 Kraków, Poland
  3. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. The Order is placed after the Customer has completed two consecutive steps – (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form in the ‘Confirm purchase’ field – until this moment, it is possible to modify the data entered (to do so, follow the messages displayed and the information available on the Online Store website). In the Order Form, the Customer must provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postcode, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
  4. The Electronic Order Form service is provided free of charge, is one-off in nature and ends upon placing an Order through it or upon earlier discontinuation of placing an Order through it by the Service Recipient.
  5. Newsletter – the Newsletter is used after entering the email address to which subsequent editions of the Newsletter are to be sent in the ‘Newsletter’ tab visible on the Online Store website and clicking the ‘Sign me up!’ field. You can also subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account or placing an Order – upon creation of the Account or placing the Order, the Service Recipient is subscribed to the Newsletter.
  6. The Electronic Newsletter service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (opt out of the Newsletter) by sending a request to the Service Provider, in particular by email to the following address: shop@mieta.eu or in writing to the following address: Szlak 32/1, 31-153 Kraków, Poland.

2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) a web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) enabling the storage of cookies and Javascript in the web browser.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good manners, respecting the personal rights, copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state of affairs. The Service Recipient is prohibited from providing illegal content.

2.4. Complaint procedure for Electronic Services:

  1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure specified in point 6 of the Terms and Conditions) may be submitted by the Service Recipient, for example:
  2. in writing to the address: ul. Szlak 32/1, 31-153 Kraków, Poland;
  3. in electronic form via email to the address: shop@mieta.eu.
  4. It is recommended that the Service Recipient include the following in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient's request; and (3) the contact details of the person submitting the complaint – this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  5. The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3. TERMS AND CONDITIONS OF THE SALES AGREEMENT

3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.

3.2. The price of the Product displayed on the Online Store website is given in euro currency and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined – about the obligation to pay them, shall be communicated to the Customer on the pages of the Online Store during the placing of the Order, including at the moment when the Customer expresses their willingness to be bound by the Sales Agreement.

3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for processing shall be made by the Seller sending the Customer an appropriate e-mail to the e-mail address provided by the Customer when placing the Order, which shall contain at least the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, the Sales Agreement between the Customer and the Seller is concluded.

3.4. The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer an email referred to in section 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller offers the Customer the following methods of payment under the Sales Agreement:

  1. Cash payment upon personal collection.
  2. Payment by bank transfer to the Seller's bank account.
  3. Electronic payments and card payments via payu.com – the current payment methods available are specified on the Online Store's website in the information tab regarding payment methods and on the following websites: https://www.payu.com
  4. Settlements of transactions made by electronic payments and payment cards are carried out in accordance with the Customer's choice via payu.com Electronic payments and payment card payments are handled by:
  5. Payu.com – PayU S.A. with its registered office in Poznań (address: ul. Grunwaldzka 186, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000274399 by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register; share capital: PLN 7,789,000.00 paid in full; Tax Identification Number (NIP) 792308495, REGON 300523444.

4.2. Payment deadline:

  1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement
  2. If the Customer chooses to pay in cash upon personal collection, the Customer is obliged to make the payment upon receipt of the shipment.

5. COST, METHODS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the information tab concerning delivery costs and during the placing of the Order, including at the moment when the Customer expresses their will to be bound by the Sales Agreement.

5.2. Personal collection of the Product by the Customer is free of charge.

5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:

  1. Postal delivery.
  2. Courier delivery.
  3. Personal collection available at the following address: ul. Szlak 32/1, 31-153 Kraków – on Business Days, between 8:00 a.m. and 4:00 p.m., after prior appointment.

5.4. The delivery time of the Product to the Customer is from 10 Business Days (for Products available in the Seller's warehouse) to 45 Business Days (for Products manufactured to order), unless a shorter delivery time is specified in the description of the Product or when placing the Order. In the case of Products with different delivery dates, the delivery date shall be the longest date specified, which, however, may not exceed 45 Business Days. The start of the delivery period for the Product to the Customer shall be calculated as follows:

  1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the delivery period shall commence on the date on which the Seller's bank account or settlement account is credited.

5.5. Date of readiness of the Product for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 5 Working Days (for Products available in the Seller's warehouse) to 40 Working Days (for Products manufactured to order), unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different readiness dates for collection, the readiness date for collection shall be the longest date specified, which, however, may not exceed 40 Business Days. The Customer shall be additionally informed by the Seller about the readiness of the Product for collection. The start of the period of readiness of the Product for collection by the Customer shall be calculated as follows:

  1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the period shall commence on the date on which the Seller's bank account or settlement account is credited.
  2. If the Customer chooses cash on delivery, the period shall commence on the date of conclusion of the Sales Agreement.
  3. If the Customer chooses to pay in instalments, the period shall commence on the date on which the lender notifies the Seller of the conclusion of the credit agreement with the Customer, but no later than on the date on which the Seller's bank account is credited with the funds from the credit granted to the Customer.

6. PRODUCT COMPLAINTS

6.1. The basis and scope of the Seller's liability towards the Customer if the Product sold has a physical or legal defect (warranty) are determined by generally applicable provisions of law, in particular the Civil Code (including Articles 556-576 of the Civil Code).

6.2. The Seller is obliged to deliver the Product to the Customer without defects.

6.3. A complaint may be submitted by the Customer, for example:

  1. in writing to the address: ul. Szlak 32/1, 31-153 Kraków;
  2. in electronic form via email to the address: shop@mieta.eu.

6.4. It is recommended that the Customer provide the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) a request for the Product to be brought into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the person submitting the complaint – this will facilitate and speed up the processing of the complaint by the Seller. The requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5. The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, being a consumer, exercising their rights under the warranty, requested replacement of the item or removal of the defect or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, the request shall be deemed justified.

6.6. A Customer who exercises their rights under the warranty is obliged to deliver the defective Product to the following address: ul. Szlak 32/1, 31-153 Kraków. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller. If, due to the nature of the Product or the manner in which it is installed, delivery of the Product by the Customer who is a consumer would be excessively difficult, the Customer shall be obliged to make the Product available to the Seller at the place where the Product is located.

6.7. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a consumer is excluded.

7. OUT-OF-COURT COMPLAINT HANDLING AND CLAIMS PROCEDURES AND RULES FOR ACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of complaint handling and redress and the rules for access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. The President of the Office of Competition and Consumer Protection also has a contact point (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose tasks include providing assistance to consumers in matters relating to out-of-court settlement of consumer disputes.

7.3. The consumer has the following examples of options for using out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection Authority (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance from the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers). Advice is provided, among other things, by email at porady@dlakonsumentow.pl and by calling the consumer helpline on 801 440 220 (the helpline is open on working days from 8:00 a.m. to 6:00 p.m., and the call is charged according to the operator's tariff).

7.4. An online platform for the resolution of disputes between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking an out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the platform itself or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT TO WITHDRAW FROM THE AGREEMENT

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send a statement before its expiry. Please submit your statement of withdrawal from the contract in writing to the following address:

Piotr Iskra BASIL ul. Szlak 32/1, 31-153 Kraków

8.2. A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is also available in section 11 of the Terms and Conditions. The consumer may use the sample form, but this is not mandatory.

8.3. The withdrawal period begins:

  1. for a contract under which the Seller delivers a Product and is obliged to transfer its ownership (e.g. a Sales Contract) – from the moment the Product is taken into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract which: (1) covers multiple Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;
  2. for other contracts – from the date of conclusion of the contract.

8.4. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

8.5. The Seller shall be obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the consumer's choice of a method of delivery other than the cheapest standard method of delivery available in the Online Store). The Seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer, it may withhold the refund of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever occurs first.

8.6. The consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, no later than within 14 calendar days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry. The Consumer may return the Product to the following address: ul. Szlak 32/1, 31-153 Kraków.

The returned Product must be packed in a cardboard box, must be padded and must not have any defects or signs of use.

8.7. The Consumer shall be liable for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to establish the nature, characteristics and functioning of the Product.

8.8. Possible costs associated with the consumer's withdrawal from the contract, which the consumer is obliged to bear:

  1. If the consumer has chosen a method of delivery of the Product other than the cheapest standard method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
  2. The consumer shall bear the direct costs of returning the Product.
  3. In the case of a Product which is a service whose performance, at the express request of the consumer, began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request shall be obliged to pay for the services provided until the moment of withdrawal from the contract. The amount of the payment shall be calculated in proportion to the extent of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the service provided.

8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:

  1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the performance began that they would lose their right to withdraw from the contract once the Seller had performed the service; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that is subject to rapid deterioration or has a short shelf life; (5) in which the subject of the service is a Product delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and which can only be delivered after 30 days and whose value depends on market fluctuations, over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him in order to carry out urgent repairs or maintenance; if the Seller provides additional services other than those requested by the consumer or delivers Products other than spare parts necessary to carry out repairs or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the date or period of performance of the service; (13) 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 expiry of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal.

8.10. The provisions of this section 8 of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and, for contracts concluded on or after that date, also to the Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, where the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This point 9 of the Terms and Conditions and all provisions contained therein are addressed to and are therefore binding only on the Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for contracts concluded on or after that date, also to a person who is not a natural person concluding a contract directly related to their business activity, where the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.

9.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both in the case of a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but not exceeding 250 euro. The limitation referred to in the previous sentence shall apply to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or claims not related to the Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits. The Seller shall also not be liable for delays in the delivery of the shipment.

9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. FINAL PROVISIONS

10.1. Agreements concluded through the Online Store are concluded in English.

10.2. Amendment of the Terms and Conditions:

  1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e. changes in the law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
  2. In the event of concluding contracts of a continuous nature (e.g. provision of an Electronic Service – Account) on the basis of these Terms and Conditions, the amended Terms and Conditions shall be binding on the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been duly notified of the changes and has not terminated the agreement within 15 calendar days of the date of notification. In the event that an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Service Recipient has the right to withdraw from the agreement.
  3. In the event of concluding agreements of a nature other than continuous agreements (e.g. Sales Agreement) on the basis of these Terms and Conditions, changes to the Terms and Conditions shall not in any way affect the rights acquired by the Service Recipient/Customer before the date of entry into force of the changes to the Terms and Conditions, in particular, changes to the Terms and Conditions shall not affect Orders already placed or submitted and concluded, are being performed or have been performed.

10.3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

11. MODEL FORM FOR WITHDRAWAL FROM THE AGREEMENT

(APPENDIX NO. 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form

(this form should be completed and returned only if you wish to withdraw from the contract)

– Addressee:

PIOTR ISKRA BASIL

  1. Szlak 32/1, 31-153 Krakow

mieta.eu

shop@mieta.eu

– I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) the contract for the delivery of the following items(*) the contract for the performance of the following items(*)/for the provision of the following service(*)

– Date of conclusion of the contract(*)/receipt(*)

– Name and surname of the consumer(s)

– Address of the consumer(s)

– Account number for the consumer(s) refund

– Signature of the consumer(s) (only if the form is sent in paper form)

– Date

(*) Delete as appropriate.

 

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