The terms used in the Regulations mean:
- Customer - a natural person, legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places Orders within the Store
- Consumer - pursuant to art. 22 of the Civil Code means a natural person performing a legal transaction with an entrepreneur not directly related to his business or professional activity.
- Civil Code - Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
- Regulations - these Regulations specifying the general conditions of sale and the rules for the provision of electronic services as part of the MISS TI online store;
- Shop - the MISS TI website available at www.miss-ti.com, through which the Customer may, in particular, place Orders;
- Goods - products presented in the Online Store;
- Order - Customer's declaration of will, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
- 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 FOR KRAKÓW ŚRÓDMIEOŚCI IN KRAKÓW, XI COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER under KRS number: 0000864585, with NIP: 6762586651 and REGON: 387278 942.
- Account - a digital service, individual and authorized by login and password account or Customer within the Store, based on registration and acceptance of the Regulations.
- GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
- Personal Data - personal data within the meaning of art. 4 point 1 GDPR.
- Act on the provision of electronic services - the act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204, as amended).
- Consumer Rights Act - Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
- Electronic Service - the provision of electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended), by the Seller to the Customer via via the Online Store, in accordance with the Agreement for the Provision of Services. To the extent that the services are provided by entities cooperating with the Seller, the relevant provisions regarding the rules for using these services are included in the regulations regarding the provision of services by these entities.
- Sales Agreement - a sales agreement within the meaning of the provisions of the Civil Code, regarding the sale of the Product by the Seller to the Customer for the payment of the Price plus any additional fees, including shipping costs, the terms and conditions of which are set out in particular in these Regulations. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after acceptance of the Order by the Seller on the terms set out in these Regulations. The Sales Agreement defines in particular the Product, its main features, Price, shipping costs and other relevant conditions. Each Product is subject to a separate Sales Agreement.
- The Regulations define the rules for using the online store available at www.miss-ti.com .
- The Regulations are the regulations referred to in art. 8 of the Act on the provision of electronic services.
- 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, at ul. Bojemskiego 25, 42 - 202 Częstochowa, entered into the National Court Register by the DISTRICT COURT FOR KRAKÓW ŚRÓDMIEOŚCI IN KRAKÓW, XI COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER under KRS number: 0000864585, with NIP: 6762586651 and REGON: 387278 942 Contact at the above-mentioned address or e-mail address: firstname.lastname@example.org
- These Regulations define in particular:
- rules for registering and using an account within the online store;
- terms and conditions for placing Orders electronically as part of the online store;
- rules for concluding Sales Agreements using the services provided as part of the Online Store.
- Using the online store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements: Terminal device with access to the Internet and a web browser, active e-mail account, enabled cookies.
- In order to use the online store, the Customer should obtain access to a computer station or end device with Internet access on their own.
- The Customer may not use the Store for purposes contrary to the law, principles of social coexistence, decency and generally accepted rules of conduct.
- In accordance with applicable law, MISS TI reserves the right to limit the provision of services via the Online Store to persons who have reached the age of 18. In this case, potential customers will be notified of the above.
- Customers may access these Regulations at any time via the link on the main page of the website www.miss-ti.com and download and print it.
- The Store Owner reserves the right to temporarily suspend access or introduce restrictions on the use of the Store:
- for security reasons and for any other reasons beyond the owner's control, or
- due to the need to perform the necessary activities related to the proper functioning, improvement, maintenance or security of IT and power systems, improvement of functionality, the period of temporary suspension of access will not be longer than the time necessary to remove the irregularities;
RULES OF USING THE ONLINE STORE
- Registration in the Online Store is optional. The Customer may place an order without registering in the Store, after reading and accepting these Regulations. Registration takes place by completing and accepting the registration form, available on one of the Store's pages. The condition for registration is consent to the content of the Regulations and providing personal data marked as mandatory.
- It is possible to set up an Account in the Store. Access to the Account is restricted and requires a login and password.
- As part of the Account, the Customer gains access to the order history and profile (Your data), in which I indicate personal data and has the option to change the password.
- The Customer is obliged to protect the password to the Account against third parties. The Customer is responsible for all actions of persons to whom he has provided data enabling the use of his Account, including for the actions of persons who came into possession of the indicated data as a result of the Customer's negligence in proper data protection.
- It is unacceptable to use the login during registration:
- the content of which would infringe the rights of third parties, including personal rights or copyrights or related rights of other customers or third parties,
- containing words commonly considered offensive,
- Without prejudice to the statutory right to withdraw from a distance contract, the Customer may resign from the Account at any time without giving any reason and thus terminate the provision of the Service electronically under the Account. For this purpose, it is enough to send an unequivocal request to delete the Account, which is also a termination of the contract for the provision of this Service, to the e-mail address: email@example.com or by post to the address of the registered office of the Store owner indicated herein in the Online Store, with immediate effect, in the event of a breach by the Customer of the Regulations, and in particular when the Customer:
- provided untrue, inaccurate or outdated data during registration in the online store, misleading or infringing the rights of third parties,
- 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,
- will commit other behaviors that will be considered by MISS TI as behaviors inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of MISS TI.
- 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.
- 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 degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification by unauthorized persons of personal data sent on the Internet.
- 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 with the general principles of using the Internet,
- not to provide or transmit 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 functioning, in particular through the use of specific software or devices,
- not to take actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,
- use the Online Store in a way that is not inconvenient for other customers and for MISS TI,
- use any content posted as part of the Online Store only for your own personal use,
PROCEDURE FOR CONCLUDING A SALES AGREEMENT
- The Customer may place Orders within the Store 7 days a week, 24 hours a day.
- In order to conclude a Sales Agreement via the Online Store, go to the website www.miss-ti.com and select the Goods by taking further technical steps based on the messages displayed to the Customer and information available on the website.
- The selection of the ordered Goods by the Customer is made by adding them to the basket.
- When placing the Order - until the button confirming the submission of the Order is pressed - the Customer has the option of modifying the entered data and the selected Goods. To do this, follow the messages displayed to the Customer and the information available on the website.
- After the Customer using the Online Store provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among others: a description of the selected goods or services, the total price and all other costs.
- As part of the Store, when placing an Order, the Customer may submit a request to receive a VAT invoice. In order to receive an invoice, it is necessary to enter the data necessary to issue it.
- After providing the required data and submitting the required statements and consents, the Customer may place an Order and make a payment. Possible payment methods are specified in the price and payment methods paragraph of the Regulations.
- In order to send the Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the button confirming the submission of the Order.
- Information about the Goods provided on the Store's websites constitute an offer within the meaning of art. 66 of the Civil Code. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement, in accordance with the Regulations.
- The contract is considered concluded when the Customer's Order is received into the IT system of the Online Store, provided that the Order complies with the Regulations. After concluding the contract, the Customer receives an e-mail containing confirmation of all essential elements of the Order.
- The sales contract is concluded in Polish, after the payment is made by the Customer, upon receipt by the Customer of the confirmation of acceptance of the placed Order (declaration of confirmation of acceptance of the offer) by electronic means, IT or ICT in the form of an email and/or SMS and/or telephone to the given by the Customer as part of the form: e-mail address and/or mobile phone number. For the avoidance of doubt, failure to receive an e-mail or SMS or telephone confirmation within an hour of placing the Order means that the Agreement has not been concluded. In this case, contact MISS TI immediately.
- Customers can access these Regulations at any time via the link on the home page of the Store www.miss-ti.com and download it and print it out.
- Recording, securing and sharing the order data and the General Terms and Conditions (sales regulations) takes place via e-mail. Earlier orders can be viewed by the Customer in the account, after logging in.
- An incorrectly submitted or unpaid Order does not constitute an offer to conclude an Agreement by the Customer.
- The delivery of the Goods is limited to the territory of Poland and the territory of the European Union and takes place to the address indicated by the Customer when placing the Order.
- The choice of the service provider for the delivery of the Goods takes place when placing the order.
- Delivery costs are updated in accordance with the service provider's price list. In addition, delivery costs will be indicated at the time of placing the Order.
- The order processing time consists of the time specified on the product card and the time specified in the Delivery tab.
- The order processing time is counted from the moment of obtaining a positive payment authorization, or if the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
- In the case of distance purchases, our Store always bears the risk of accidental damage or loss of goods in transit. If the goods are delivered with obvious damage caused during transport, we kindly ask you to report such a defect to the deliverer as soon as possible and contact us. A delay in submitting such a complaint or making contact has no consequences for the Customer's statutory claims and their satisfaction, in particular for the Customer's rights under the statutory warranty for defects. Faster reporting of noticed damage caused during transport helps us to pursue our own claims against the carrier or transport insurer.
- In the case of a Customer who is not a Consumer at the same time: the risk of accidental damage or loss of the Goods passes from the Online Store to the buyer at the time of entrusting the Goods to a carrier engaged in the transport of items of a given type, or to a person or courier company designated by the buyer.
PRICES AND PAYMENT METHODS
- The prices of the Goods are given in Polish zlotys and include all components, including VAT, and any other components.
- The customer has the option to pay the price:
- BlueMedia - Additional fee: 0% - failure to pay within 24 hours after placing the order results in cancellation of the order.
- PayPal - Additional fee of 5% - no payment within 24 hours after placing the order will cancel the order.
- The entity providing online payment services is Blue Media SA
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- The customer has the right to withdraw from this contract within 14 days without giving any reason. This right is also available to natural persons concluding a contract directly related to their business activity, when the content of this contract shows that it is not of a professional nature for these persons within the meaning of Art. 556 (4) of the Civil Code. Other entrepreneurs are not entitled to withdraw from the contract. The deadline to withdraw from the contract expires after 14 days from the day on which the Customer came into possession of the last item or on which a third party other than the carrier and indicated by the Customer came into possession of the last item.
- To exercise the right to withdraw from the contract, you must inform the Seller about your decision to withdraw from this contract by way of an unequivocal statement - withdrawal form.
- In order to meet the deadline for withdrawal from the contract, it is enough to provide information on the exercise of the Customer's right to withdraw from the contract before the deadline to withdraw from the contract
Consequences of withdrawing from the contract
- In the event of withdrawal from this contract, the Customer receives a refund of all payments received, with the exception of additional costs resulting from the method of delivery chosen by the Customer, immediately, and in any case not later than 14 days from the day on which we were informed about the decision to exercise the right to withdraw from this contract. contract. We will refund the payment using the same payment methods that were used in the original transaction, in any case, the Customer does not incur any fees in connection with this return. We may withhold the reimbursement until receipt of the item or until you provide us with proof of its return, whichever occurs first.
- The consumer's right to withdraw from the contract is excluded in the case of:
- Agreements in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs.
- Agreements in which the subject of the service is an item that deteriorates quickly or has a short shelf life.
- Contracts 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.
- Agreements 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 deadline for withdrawing from the agreement.
- Agreements in which the subject of the service 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, sports or cultural events, if the contract specifies the day or period of service provision;
- Contracts for the supply of digital content that are not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdrawing from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
Model withdrawal form
The form of withdrawal from the contract and return of the Goods is available under the link Form of withdrawal and return of goods MISS TI and in the "withdrawal from the contract" tab.
COMPLAINTS ABOUT GOODS
Applies to the Customer who is a Consumer:
- We are obliged to deliver goods free from defects. The statutory right of liability for defects in the sold item applies to the extent specified in art. 556 and art. 556-556 and subsequent ones of the Civil Code.
- 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 case of exercising your rights under the warranty - if we deem it necessary to consider the complaint, you are obliged to deliver the defective goods to the above-mentioned postal address. If, due to the type of goods or the method of their installation, the delivery of the goods would be excessively difficult, you are obliged to make them available to us at the place where they are located. We undertake to respond to the complaint immediately, no later than within 30 days from the date of its submission.
- We are liable under the warranty if a physical defect is found within two years from the date of delivery of the goods to you. If the subject of the sale is a used movable item, the liability under the warranty is one year from the date of its release.
- In the complaint, it is recommended to (1) provide information on the subject of the complaint, in particular the type and date of the defect; (2) specification of the request regarding the method of removing the defect (replacement of the goods with a new one, repair of the goods); and (3) providing the contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Store. The recommendations specified in the previous sentence are only non-binding guidelines and in no way affect the effectiveness of complaints submitted without providing the recommended information.
- Applies to Entrepreneurs (except for natural persons concluding an agreement directly related to their business activity, when the content of this agreement shows that it is not of a professional nature for these persons within the meaning of Article 5564 of the Civil Code - so-called "entrepreneurs-consumers"): rights under the warranty are lost if you did not examine the goods in time and in the manner accepted for items of this type and did not immediately notify the Seller about the defect, and if the defect came to light only later - if you did not notify the Seller immediately after finding it. notification of the defect, the goods are deemed accepted. Complaints can be submitted in the manner indicated above. The seller is liable only for typical damages predictable at the time of concluding the contract and their normal consequences, we are not liable for lost profits. In relation to entrepreneurs (with the exception of so-called "entrepreneurs-consumers"), the Seller's liability, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims jointly - up to the price paid and delivery costs under the sales contract concluded with us.
The Complaint Form can be found under the link MISS TI Goods Complaint Form
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 a Consumer at the same time, pursuant to art. 558 § 1 of the Civil Code, the liability of the Online Store under the warranty for defects in the Goods is excluded. This exclusion is ineffective in case of fraudulent concealment of the defect by us.
COMPLAINTS REGARDING THE PROVISION OF SERVICES BY ELECTRONIC MEANS
- MISS TI takes steps to ensure the proper operation of the Online Store, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.
- The customer may notify us of any irregularities or interruptions in the functioning of the Online Store website. Please report irregularities related to the functioning of the Store by e-mail to the following address: firstname.lastname@example.org
- In a complaint regarding irregularities related to the functioning of the Online Store website, please indicate the type and date of the irregularity.
- 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
- The provisions of this point X of the Regulations apply only and exclusively to Customers who are not Consumers at the same time.
- The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 calendar days from the date of its conclusion. In such a case, the right to withdraw is granted without giving a reason by sending an appropriate statement.
- 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 indicating the reasons by sending an appropriate statement.
- The Seller has the right to limit the available payment methods, including may require prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
- When the Seller releases the Goods to the selected carrier for the Customer who is not a Consumer, the benefits and burdens related to the Goods and the risk of its accidental loss or damage pass.
- The Seller shall not be liable for the loss, shortage or damage to the Goods arising from accepting them for transport until they are handed over to the Customer, and shall not be liable for delays in the delivery of the Goods.
- In the case of delivery of the Goods via a carrier, the Customer who is not a Consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Goods have been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.
- The document entitling to complain about defective Goods in the case of Customers who are not Consumers is an invoice.
- Considering the provision of art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Goods in relation to the Customer who is not a Consumer is excluded. The Seller's liability towards the Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement. The Seller is liable to the Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits to the Customer who is not a consumer.
- Disputes arising between the Seller and the Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
EXTRA-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SUFFERING CLAIMS
- Please be advised that there are possibilities to use out-of-court methods of dealing with complaints and pursuing claims. Using them is voluntary and can only take place if both parties to the dispute agree to it.
- Detailed information on the resolution of consumer disputes, including the possibility for the Customer to use extrajudicial methods of dealing with complaints, pursuing claims and the rules of access to these procedures are available at the headquarters and on the websites of the voivodship inspectorates of the Trade Inspection and at the internet address: https://uokik.gov .pl/spory_konsumenckie.php.
PERSONAL DATA PROTECTION
- The Seller protects the Customer's Personal Data with the standards resulting from the provisions of the GDPR.
- The Customer's personal data is processed by the Seller as the personal data administrator.
- Providing personal data by the Customer is voluntary, but necessary in order to set up an Account, use certain Electronic Services, conclude a Sales Agreement or make a Reservation.
- The competent court for settling disputes with Consumers is the local court according to the applicable provisions of the Code of Civil Procedure.
- In matters not covered by these Regulations, the provisions of applicable law shall apply, in particular the provisions of the Civil Code.
- In the event of any conflicts between these Regulations and the rights of Customers and provisions resulting from generally applicable laws, generally applicable provisions of Polish law shall apply.