Statute

DEFINITIONS

The terms used in the Regulations mean:

1. Customer – a natural person, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order within the Store
2. Consumer – in accordance with Article 22[1] of the Civil Code, means a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
3. Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
4. Regulations – these Regulations specifying the general terms and conditions of sale and the rules for the provision of services electronically within the MISS TI online store;
5. Store – MISS TI website available at www.miss-ti.com, through which the Customer may, in particular, place Orders;
6. Goods – products presented in the Online Store;
7. Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.
8. Seller – MISS TI UNIVERSE SP. Z OO with its registered office in Częstochowa, at ul. Bojemskiego 25, 42-202 Częstochowa, entered into the National Court Register by the DISTRICT COURT IN CZĘSTOCHOWA, 17TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under the KRS number: 0000864585, NIP: 676258665, REGON: 387278942 and BDO: 000604479. Share capital PLN 8,400.00, e-mail address : contact@miss-ti.com , telephone number: +48 532 338 196.
9. Account – a digital service, an individual account or Customer account within the Store, authorized via a login and password, based on registration and acceptance of the Regulations.
10. GDPR – 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.
11. Personal Data – personal data within the meaning of Article 4(1) of the GDPR.
12. Act on the Provision of Services by Electronic Means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended ).
13. Consumer Rights Act – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended ).
14. Electronic Service – the provision of services by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended ), by the Seller to the Customer via the Online Store, in accordance with the Service Provision Agreement. To the extent that services are provided by entities cooperating with the Seller, the relevant provisions regarding the rules of use of these services can be found in the regulations governing the provision of services by these entities.
15. Sales Agreement – a sales agreement within the meaning of the Civil Code, concerning the sale of a Product by the Seller to the Customer in exchange for payment of the Price plus any additional fees, including shipping costs, the terms of which are specifically set forth in these Terms and Conditions. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, following acceptance of the Order by the Seller under the terms set forth in these Terms and Conditions. The Sales Agreement specifies, in particular, the Product, its main features, Price, shipping costs, and other relevant terms. Each Product is subject to a separate Sales Agreement.

GENERAL PROVISIONS

1. The Regulations define the rules for using the online store available at www.miss-ti.com .
2. The Regulations are the regulations referred to in Article 8 of the Act on the provision of services by electronic means.
3. The Regulations apply only to the MISS TI online store available at www.miss-ti.com, owned by MISS TI UNIVERSE SP. Z OO with its registered office in Częstochowa, ul. Bojemskiego 25, 42-202 Częstochowa.
4. These Regulations specify in particular:

• rules for registering and using an account in the online store;
• terms and conditions for placing Orders electronically within the online store;
• rules for concluding Sales Agreements using the services provided within the Online Store.

5. The use of the online store is possible provided that the IT system used by the Customer meets the following minimum technical requirements: A terminal device with access to the Internet and a web browser, an active e-mail account, and cookies enabled .
6. In order to use the online store, the Customer should obtain access to a computer station or terminal device with Internet access on their own.
7. The Customer may not use the Store for purposes that are contrary to legal provisions, principles of social coexistence, good customs and generally accepted rules of conduct.
8. In accordance with applicable law, MISS TI reserves the right to limit the provision of services via the Online Store to individuals over the age of 18. In such a case, potential customers will be notified.
9. Customers can access these Regulations at any time via the link on the home page of the website www.miss-ti.com, download it, and print it.
10. The Store Owner reserves the right to temporarily suspend access or introduce restrictions on the use of the Store:

• for security reasons or any other reasons beyond the control of the owner, or
• due to the need to perform necessary activities related to the proper functioning, improvement, maintenance or security of IT systems and power supply, improving functionality , while the period of temporary suspension of access will not be longer than the time necessary to remove the irregularities that have occurred;

RULES OF USE OF THE ONLINE STORE

1. Registration in the Online Store is optional. Customers may place orders without registering with the Store, after reviewing and accepting these Terms and Conditions. Registration is completed by completing and accepting the registration form available on one of the Store's pages. Registration is contingent upon consent to the Terms and Conditions and providing the personal data marked as mandatory.
2. It is possible to create an Account in the Store. Access to the Account is restricted and requires a login and password.
3. Within the Account, the Customer gains access to the order history and profile (your data), where he/she provides personal data and has the option to change his/her password.
4. The Customer is responsible for protecting their Account password from third parties. The Customer is responsible for all actions of anyone to whom they have provided data enabling use of their Account, including the actions of anyone who came into possession of such data as a result of the Customer's failure to properly protect their data.
5. It is prohibited to use the following login details during registration:

• the content of which would violate the rights of third parties, including personal rights or copyrights or related rights of other Customers or third parties,
• containing words commonly considered offensive,

6. Without prejudice to the statutory right to withdraw from a distance contract, the Customer may cancel their Account at any time without giving any reason and thereby terminate the provision of the Service electronically within the Account. To do this, simply send an explicit request to delete the Account, which also constitutes termination of the contract for the provision of this Service, to the following e-mail address: sklep@miss-ti.com or by mail to the registered office address of the Store owner indicated in this Online Store, with immediate effect, in the event of a breach of the Terms and Conditions by the Customer, and in particular when the Customer:

• provided false, inaccurate or outdated data, misleading data or data that violates the rights of third parties during registration in the online store,
• committed an infringement of the personal rights of third parties through the online store, in particular the personal rights of other customers of the online store,
• engages in other behaviors that are deemed by MISS TI to be inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of MISS TI.

7. A person who has been deprived of the right to use the online store may not re-register without the prior consent of MISS TI.
8. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the level of threat to the security of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.
9. The customer is obliged in particular to:

• use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet,
• not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
• use the Online Store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
• not to take actions such as: sending or posting unsolicited commercial information (spam) within the Online Store,
• use the Online Store in a way that is not burdensome for other customers and for MISS TI,
• use all content posted on the Online Store only for personal use,

PROCEDURE FOR CONCLUDING A SALES AGREEMENT

1. The Customer may place Orders in the Store 7 days a week, 24 hours a day.
2. In order to conclude a Sales Agreement via the Online Store, please visit the website www.miss-ti.com and select the Goods by taking subsequent technical steps based on the messages displayed to the Customer and the information available on the website.
3. The Customer selects the Goods to be ordered by adding them to the shopping cart.
4. When placing an Order – until the Order confirmation button is pressed – the Customer can modify the entered data and the selected Product. To do so, the Customer should follow the displayed messages and the information available on the website.
5. After the Customer using the Online Store provides all necessary data, a summary of the submitted Order will be displayed. The summary of the submitted Order will include, among other things, a description of the selected goods or services, the total price, and all other costs.
6. When placing an Order in the Store, the Customer may request a VAT invoice. To receive an invoice, the Customer must provide the data necessary for its issuance.
7. We issue and send invoices electronically. We guarantee the authenticity of their origin and the integrity of their content.
8. If you are a business, we will issue and deliver a structured invoice to you via the National e-Invoice System ( KSeF ) in accordance with the terms set out in the VAT Act. We will notify you by sending a VAT invoice visualization to the email address you provided. The VAT invoice visualization is for informational and supplementary purposes only.
9. We will deliver each electronic invoice to the email address you provide or that you provide during registration. If you change your email address , please notify us in writing or by email . If you fail to do so, we will treat messages sent to your current email address as properly delivered.
10. We are not responsible for incorrect invoice details if you provide such details during registration or when placing an order.
11. Each time you place an order, you can opt out of receiving electronic invoices. If you do, we will issue and send you a paper invoice. This does not apply to point 8 above.
12. In order to proceed to payment, the Customer is required to declare that they have read and accept the Terms and Conditions and Privacy Policy, as well as to submit mandatory declarations and consents. Without these, the Customer will not be able to continue the Order process. Declarations and consents are submitted by the Customer selecting the appropriate checkbox.
13. After providing the required data and submitting the required declarations and consents, the Customer may place an Order and make payment. Available payment methods are specified in the "Price and Payment Methods" section of the Terms and Conditions.
14. In order to send an Order, it is necessary to accept the Regulations, provide personal data marked as mandatory and press the button confirming the placement of the Order.
15. Information about the Goods provided on the Store's website constitutes an offer within the meaning of Article 66 of the Civil Code. The Customer's submission of an Order constitutes a declaration of intent to conclude a Sales Agreement, in accordance with the Terms and Conditions.
16. The Agreement is deemed concluded upon receipt of the Customer's Order in the Online Store's IT system, provided the Order complies with the Terms and Conditions. After concluding the Agreement, the Customer receives an email confirming all essential elements of the Order.
17. The sales agreement is concluded in Polish, after the Customer has made payment and upon receipt of confirmation of acceptance of the placed Order (statement of acceptance of the offer) by electronic means, IT, or telecommunication in the form of an email and/or SMS message and/or by phone to the email address and/or mobile phone number provided by the Customer in the form. For the avoidance of doubt, failure to receive an email, SMS, or phone confirmation within one hour of placing the Order means that the Agreement has not been concluded. In such a case, please contact MISS TI immediately.
18. Customers can access these Regulations at any time via the link on the Store's home page www.miss-ti.com and download and print them.
19. Order data and the General Terms and Conditions (Terms and Conditions of Sale) are recorded, secured, and shared via email. Customers can view previous orders within their account after logging in.
20. An incorrectly placed or unpaid Order does not constitute an offer by the Customer to conclude a Contract.
21. In exceptional cases, we mark products as special offers. Special offers include pre-order and clearance items. We also mark products as such when they are in high demand or have limited availability. On the product page, we'll include important information about the item: how many units you can purchase per person, the estimated delivery date, and other relevant information.

DELIVERY

1. Delivery of the Goods is limited to the territory of Poland and the European Union and takes place to the address indicated by the Customer when placing the Order.
2. The service provider for the delivery of the Goods is selected when placing the order.
3. Shipping costs are updated according to the service provider's price list. Additionally, shipping costs will be indicated at the time of order placement.
4. The order processing time consists of the time specified on the product card and the time specified in the Delivery tab.
5. payment authorization , or if the Customer chooses payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
6. When purchasing remotely, our Store always bears the risk of accidental damage or loss of goods during transport. If goods are delivered with obvious damage incurred during transport, we kindly ask you to report such defect to the carrier as soon as possible and contact us. Delay in filing such a complaint or contacting us will not affect the Customer's statutory claims or their satisfaction, in particular the Customer's rights under the statutory warranty for defects. Reporting any damage observed during transport will assist us in pursuing our own claims against the carrier or transport insurer.
7. In the case of a Customer who is not also a Consumer: the risk of accidental damage or loss of the Goods is transferred from the Online Store to the buyer when the Goods are entrusted to a carrier engaged in the transport of goods of a given type, or to a person or courier company designated by the buyer.

PRICES AND PAYMENT METHODS

1. Prices for Goods are quoted in Polish zloty and include all components, including VAT and all other components. The price does not include shipping costs.
2. The customer has the option to pay the price:

• BlueMedia - Additional fee: 0% - failure to pay within 24 hours after placing the order will result in the order being canceled.
• PayPal - Additional fee of 5% - failure to pay within 24 hours after placing the order will result in the order being canceled.

3. The entity providing online payment services is Blue Media SA

 

RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The Customer has the right to withdraw from this contract within 14 days without giving any reason. This right also applies to individuals entering into a contract directly related to their business activities, if the content of the contract indicates that it is not of a professional nature for them within the meaning of Article 556 (4) of the Civil Code. Other entrepreneurs do not have the right to withdraw from the contract. The withdrawal period expires after 14 days from the date on which the Customer acquired possession of the last item or on which a third party other than the carrier and indicated by the Customer acquired possession of the last item.
2. To exercise the right of withdrawal, you must inform the Seller of your decision to withdraw from this contract by means of an unequivocal statement – withdrawal form.
3. In order to meet the withdrawal period, it is sufficient to provide information regarding the Customer's exercise of the right to withdraw from the contract before the expiry of the withdrawal period.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT

1. If you withdraw from this contract, you will receive a refund of all payments received, excluding any additional costs resulting from your chosen delivery method, immediately and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same payment method you used for the initial transaction; in any case, you will not incur any fees as a result of this refund. We may withhold the refund until we receive the goods back or until you provide us with proof that you have sent back the goods, whichever comes first.
2. The right of withdrawal by the consumer is excluded in the event of:

• Contracts in which the subject of the provision is a non-prefabricated item, manufactured according to the consumer’s specifications or intended to meet his individual needs.
• Contracts in which the subject of the performance is an item that spoils quickly or has a short shelf life.
• Contracts in which the subject of the provision is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery.
• Contracts in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period.
• A contract in which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
• Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
• Contracts for the provision of services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision;
• Contracts for the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the consumer before the expiry of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.

WITHDRAWAL FORM SAMPLE

The form for withdrawal from the contract and return of goods is available at the link MISS TI withdrawal and return form and in the "withdrawal from the contract" tab.

COMPLAINTS REGARDING GOODS

APPLIES TO THE CUSTOMER WHO IS A CONSUMER:

• We are obligated to deliver goods free from defects. Statutory liability for defects in sold goods applies within the scope specified in the Civil Code and the Consumer Rights Act.
• Complaints can be submitted: in writing to the following address: ul. Bojemskiego 25, 42 - 202 Częstochowa.
• or using the form available on the Store's website.
• In the event of exercising warranty rights, if we deem it necessary to process the complaint, you are obligated to deliver the defective goods to the postal address provided above. If the nature of the goods or their installation would make delivery excessively difficult, you are obligated to make them available to us at their location. We will respond to the complaint promptly, no later than 14 days from the date it is submitted.
• We are liable under warranty if a physical defect is discovered within two years of the date the goods were delivered to you. If the subject of sale is a used movable item, liability under warranty is one year from the date of delivery.
• When submitting a complaint, it is recommended to (1) provide information regarding the subject of the complaint, in particular the type and date of the defect; (2) specify the request regarding how the defect should be removed (replacement of the product with a new one, repair of the product); and (3) provide contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Store. The recommendations set out in the previous sentence are intended as non-binding guidelines only and in no way affect the effectiveness of complaints submitted without providing the recommended information.
• Applies to Entrepreneurs (with the exception of natural persons concluding a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for these persons within the meaning of Art. 5564 of the Civil Code – so-called "entrepreneur-consumers"): warranty rights (non-conformity of the goods with the contract) are excluded . The Seller is liable only for typical damages foreseeable at the time of conclusion of the contract and their normal consequences; we are not liable for lost profits. In relation to entrepreneurs (with the exception of so-called "entrepreneur-consumers"), the Seller's liability, regardless of its legal basis, is limited – both within the framework of a single claim and for all claims jointly – to the amount of the price paid and delivery costs under the sales contract concluded with us.

The Complaint Form can be found under the link: Complaint Form for MISS TI Products

APPLIES TO A CUSTOMER WHO IS NOT A CONSUMER AT THE SAME TIME:

In the case of a Sales Agreement concluded with a Customer who is not also a Consumer, pursuant to Article 558 § 1 of the Civil Code, the Online Store's liability under the warranty for defects in the Goods is excluded.

COMPLAINTS REGARDING THE PROVISION OF SERVICES BY ELECTRONIC MEANS

1. MISS TI takes steps to ensure the proper operation of the Online Store, to the extent that results from current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.
2. Customers may notify us of any irregularities or interruptions in the operation of the Online Store. Please report any irregularities related to the operation of the Store electronically to: shop@miss-ti.com
3. In a complaint regarding irregularities related to the operation of the Online Store website, please indicate the type and date of occurrence of the irregularity.
4. We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission.

PROVISIONS RELATING TO THE CUSTOMER - ENTREPRENEUR

1. The provisions of this point X of the Regulations apply only to Customers who are not also Consumers.
2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 calendar days of its conclusion. In such a case, the right of withdrawal is available without giving a reason by sending an appropriate declaration.
3. In the case of Customers who are not Consumers, the Seller may terminate the contract for the provision of Electronic Services with immediate effect and without stating the reasons by sending an appropriate declaration.
4. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
5. Once the Seller releases the Goods to the selected carrier, the benefits and burdens associated with the Goods and the risk of their accidental loss or damage are transferred to the Customer who is not a Consumer.
6. The Seller shall not be liable for any loss, shortage or damage to the Goods arising from their acceptance for transport until their delivery to the Customer, nor shall they be liable for any delay in the delivery of the Goods.
7. If Goods are delivered via a carrier, the Customer who is not a Consumer is obligated to inspect the shipment at the time and in the manner customary for such shipments. If the Customer discovers that the Goods have been lost or damaged during transportation, the Customer is obligated to take all necessary actions to determine the carrier's liability.
8. The document authorizing the Customers who are not Consumers to file a complaint about defective Goods is an invoice.
9. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for Goods towards a Customer who is not a Consumer is excluded. The Seller's liability towards a Customer who is not a Consumer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the price paid and delivery costs under the Sales Agreement. The Seller is liable towards a Customer who is not a Consumer only for typical damages foreseeable at the time the contract is concluded and is not liable towards a Customer who is not a Consumer for lost profits.
10. Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.

OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND SEEKING CLAIMS

1. We hereby inform you that there are options for using out-of-court complaint and redress procedures. These are voluntary and may only be used with the consent of both parties to the dispute.
2. Detailed information on the resolution of consumer disputes, including the possibility for the Customer to use out-of-court complaint and claim settlement methods and the rules of access to these procedures, is available at the offices and on the websites of the provincial inspectorates of the Trade Inspection and at the following address: https://uokik.gov.pl/spory_konsumenckie.php.

PERSONAL DATA PROTECTION

1. The Seller protects the Customer's Personal Data in accordance with the standards resulting from the provisions of the GDPR.
2. The Customer's personal data are processed by the Seller as the personal data controller.
3. Providing personal data by the Customer is voluntary, but necessary in order to create an Account, use certain Electronic Services, conclude a Sales Agreement or make a Reservation.
4. Detailed information regarding the protection of personal data is included in the "Privacy Policy" tab available in the Online Store.

FINAL PROVISIONS

1. The court having jurisdiction to resolve disputes with Consumers is the court with local jurisdiction in accordance with the applicable provisions of the Code of Civil Procedure.
2. In matters not regulated in these Regulations, the provisions of applicable law shall apply, in particular the provisions of the Civil Code.
3. In the event of any conflict between these Regulations and the rights of Customers and the provisions arising from generally applicable provisions of law, the generally applicable provisions of Polish law shall apply.
4. We reserve the right to change these terms and conditions. If we change these terms and conditions, we will make them available in our store at least seven days before the new terms and conditions take effect. The exception is when:

a)     an immediate change is required by a legal or regulatory obligation;

b)    We want to protect you from fraud, malware, spam, data breaches, or other cybersecurity threats .

5. If you have an account with our store, we will notify you of any changes to our terms and conditions the next time you log in. We will then ask you to accept the changes. You can accept the changes by clicking in the box in this message. If you do not accept these changes, the system will log you out. In this case, you can continue shopping in our store without logging in, in accordance with our terms and conditions.
6. Orders placed before the new regulations come into effect will be processed in accordance with the previous rules.
7. Changing the regulations does not violate the acquired rights of users who use our online store.