THEMISAGA ONLINE STORE TERMS AND CONDITIONS

Table of Contents

General provisions 1

Definitions 2

Technical requirements 3

Rules for using the Store 4

Account Service Agreement 4

Sales Agreement 5

Delivery of Goods 6

Right to withdraw from the Sales Agreement 6

Complaints about Goods 7

Newsletter delivery agreement 9

Complaints regarding the Subject of digital service 10

Intellectual property of the Seller 11

Processing of personal data 12

Out-of-court dispute resolution 12

Changing the Account Service 12

Amendment of the Regulations 13

Provisions regarding Entrepreneurs 13

Final Provisions 14

 

The online store www.maisonmisaga.com cares about consumer rights. The consumer may not waive the rights granted to him in the Act on consumer rights. Provisions of contracts less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of the Act on Consumer Rights shall apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions and they should be applied.

 

• 1.

General provisions

1. These regulations (hereinafter: "Terms of service") define the terms and conditions of using the "THEMISAGA" online store operating at the internet address www.maisonmisaga.com (hereinafter: "Store").
2. Terms of service are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (hereinafter: "Act on the provision of electronic services").
3. The store is owned by Misaga spółka z ograniczoną odpowiedzialnością with its registered office in Katowice (registered office address: ul. Sowińskiego 4, 40-018 Katowice), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Katowice Wschód, 13th Commercial Division of the National Court Register under KRS number: 0000897445, NIP: 9542826072, REGON number: 388795119, with share capital in the amount of PLN 10,000.00 (ten thousand zlotys) paid in full (hereinafter: "Seller").
4. Contact with the Seller is possible via:
5. a) e-mail - at: customercare@themisaga.com;
6. b) traditional mail - at the address: ul. Sowińskiego 4, 40-018 Katowice;
7. c) telephone - at the number: +48 600 945 245;
8. d) Messenger application - Seller's profile address https://www.facebook.com/misagaofficial/.
9. As part of its activities, the Seller:
10. a) sells Goods that may be purchased by Buyers;
11. b) provides Users with the Account Service;
12. c) provides the Subscribers with the Newsletter.
13. Information about the Goods available in the Store, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a Sales Agreement within the meaning of Art. 71 of the Act of April 23, 1964. Civil Code (hereinafter: "Civil Code").
14. Before starting to use the Store, the Customer is obliged to read the Regulations and the Privacy Policy.

• 2.

Definitions

Capitalized words used in the Regulations have the following meaning:

1) Business day - a day other than Saturday, Sunday or other non-working day within the meaning of the Act of 18 January 1951 on non-working days;

2) Customer - User, Buyer or Subscriber;

3) Civil Code - the term defined in § 1 section 6 of the Regulations;

4) Consumer - a natural person making a legal transaction with the Seller not directly related to its business or professional activity;

5) Account - a panel created in the Store's IT system, enabling the User to use its functionality, in particular the purchase of Goods;

6) Buyer - a person who is a Consumer, an Entrepreneur or an Entrepreneur with Consumer rights who has concluded a Sales Agreement with the Seller or has taken steps to conclude it;

7) Newsletter - digital content within the meaning of the Act on Consumer Rights, including commercial information regarding the current activity of the Seller, including information about new products and promotions available in the Store;

8) Non-compliance - it means:

1. a) non-compliance of the Goods with the Sales Agreement (the criteria for assessing the Goods' compliance with the Sales Agreement are set out in Article 43b(1-2) of the Act on Consumer Rights) or
2. b) non-compliance of the Subject of the digital service with the Agreement regarding its delivery (criteria for assessing the compliance of the Subject of the digital service with the Agreement regarding its delivery are set out in Article 43k paragraphs 1-2 of the Act on Consumer Rights);

9) Privacy Policy - a document containing information on the processing of Customers' personal data by the Seller;

10) Subject of digital service - Account Service or Newsletter;

11) Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, to whom specific provisions grant legal capacity, conducting business or professional activity on its own behalf;

12) Entrepreneur with Consumer rights - a natural person conducting business or professional activity on his own behalf, who concluded an Agreement with the Seller directly related to his business activity, but not of a professional nature for this person, resulting in particular from the subject of his business activity;

13) Regulations - the term defined in § 1 section 1 of the Regulations;

14) Seller - the term defined in § 1 section 3 of the Regulations;

15) Subscriber - a person who is a Consumer, an Entrepreneur or an Entrepreneur with the rights of a Consumer who has concluded a Newsletter Agreement with the Seller or has taken steps to conclude it;

16) Goods - a movable item available in the Store within the meaning of the provisions of the Civil Code, which may be purchased by the Buyer, in particular clothing;

17) Agreement - an Agreement for the provision of the Account Service, a Sales Agreement or an Agreement for the provision of the Newsletter;

18) Agreement for the provision of the Newsletter - an agreement for the supply of digital content within the meaning of the Act on Consumer Rights, under which the Seller undertakes to provide the Subscriber with the Newsletter free of charge for an indefinite period, and the Subscriber undertakes to provide the Seller with personal data;

19) Agreement for the provision of the Account Service - an agreement for the provision of a digital service within the meaning of the Act on Consumer Rights, under which the Seller undertakes to provide the User with the Account Service free of charge for an indefinite period, and the User undertakes to provide the Seller with personal data;

20) Sales contract - a sales contract within the meaning of the Civil Code, under which the Seller undertakes to transfer the ownership of the Goods to the Buyer and deliver the Goods to him, and the Buyer undertakes to collect the Goods and pay the price to the Seller;

21) Account Service - a digital service within the meaning of the provisions of the Act on Consumer Rights, consisting in creating and maintaining an Account for the User by the Seller;

22) Consumer Rights Act - the Act of 30 May 2014 on consumer rights;

23) Act on the provision of electronic services - the term defined in § 1 section 2 of the Regulations;

24) User - a person who is a Consumer, an Entrepreneur or an Entrepreneur with the rights of a Consumer who has concluded an Agreement for the provision of the Account Service with the Seller or has taken steps to conclude it;

25) Order - the term defined in § 6 sec. 4 of the Regulations.

• 3.

Technical Requirements

1. In order for the Customers to use the Store correctly, it is necessary to:
2. a) Internet connection;
3. b) possession of devices allowing the use of Internet resources;
4. c) using a web browser (Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher) enabling the display of hypertext documents on the screen of the device, linked to the Internet via a web service and supporting the JavaScript programming language, and also accepting cookies;
5. d) having an active e-mail account.
6. As part of the Store, it is forbidden for Customers to use viruses, bots, worms or other computer codes, files or programs (in particular those that automate the processes of scripts and applications or other codes, files or tools).
7. The Seller informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing data, including SSL encryption, the use of access passwords and anti-virus programs or against unwanted software.
8. The Seller informs that despite the use of the safeguards referred to in sec. 3 above, the use of the Internet and services provided electronically may be at risk of getting into the ICT system and the Customer's device, malware or access to data on this device by third parties. In order to minimize the threat, the Seller recommends the use of antivirus programs or measures to protect identification on the Internet.

• 4.

Terms of use of the Store

1. The Customer is obliged to use the Store in a manner consistent with the provisions of generally applicable law, the provisions of the Regulations, as well as good manners.
2. Providing illegal content by the Customer is prohibited.
3. The prices of the Goods available in the Store are expressed in Polish zlotys (PLN) and are gross (include all mandatory price components, including VAT).
4. The Buyer may purchase Goods both after creating an Account and without creating it. If an Account is created, the Buyer should log in to it before starting shopping.

• 5.

Account Service Agreement

In order to conclude the Agreement for the provision of the Account Service, the User should perform the following actions:

1) go to the Store's website, then click on the "My MM" tab and then the "Create an account" button

2) enter the following data in the displayed form:

1. a) name and surname;
2. b) e-mail address;
3. c) a password to the Account created by the User;

3) it is mandatory to check the checkbox when declaring that you have read the Regulations and the Privacy Policy and accepted their provisions;

4) click "create an account".

1. Clicking the "create an account" option is tantamount to concluding the Agreement for the provision of the Account Service by the User.
2. The User gains access to the Account immediately after clicking the "create an account" option.
3. Using the Account, the User may in particular:

1) store your personal data;

2) place Orders and view placed Orders;

1. The Seller informs and the User acknowledges that keeping the Account Service compliant with the Account Service Agreement does not require the User to install its updates.
2. If the User is not granted access to the Account immediately after the conclusion of the Agreement for the provision of the Account Service, the User calls on the Seller to immediately grant access to the Account. The summons referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. If the Seller does not grant the User access to the Account immediately after receiving the request referred to in the preceding sentence, the User may withdraw from the Agreement for the provision of the Account Service.
3. Notwithstanding the provisions of sec. 6 above, if the User is not granted access to the Account, the User may withdraw from the Agreement for the provision of the Account Service without requesting the Seller to grant access to the Account, if at least one of the cases referred to in art. 43j sec. 5 of the Consumer Rights Act.
4. Notwithstanding the provisions of sec. 6-7 above, the User may at any time and without giving any reason terminate the Agreement for the provision of the Account Service with immediate effect. In addition, pursuant to Art. 27 et seq. of the Act on Consumer Rights, the User may withdraw from the Agreement for the provision of the Account Service without giving any reason, within 14 (fourteen) days from the date of its conclusion.
5. Withdrawal from the Agreement for the provision of the Account Service or its termination, regardless of the basis for this action, takes place through the User's submission to the Seller of a declaration of withdrawal from the Agreement for the provision of the Account Service or its termination. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. The Seller deletes the Account immediately after receiving the statement referred to in the preceding sentence.
6. If the User uses the Account in a manner inconsistent with the provisions of generally applicable law, the provisions of the Regulations or decency, and if the User provides unlawful content, the Seller may block the Account, which is tantamount to termination of the Agreement for the provision of the Service Accounts with a notice period of 7 (seven) days. After the expiry of the notice period indicated in the preceding sentence, the Account is permanently deleted.
7. Blocking or deleting the Account does not affect the performance of Sales Agreements and Agreements for the delivery of the Newsletter concluded by the User before blocking or deleting the Account.

• 6.

Sales Agreement

1. In order to conclude a Sales Agreement, the Buyer should do the following:

1) go to the Store's website;

2) go to the tab of the selected Good and click the "Add to cart" option;

3) go to the "basket" tab and click the "checkout" option;

4) in the displayed form, enter or select the following data:

1. a) name and surname;
2. b) e-mail address;
3. c) telephone number;
4. d) delivery address (street, house number, apartment number, city, postal code, country);
5. e) method of payment;
6. f) method of delivery;

5) it is mandatory to check the checkbox when declaring that you have read the Regulations and the Privacy Policy and accepted their provisions;

6) optionally - tick the checkbox next to the declaration of consent to receive the Newsletter;

7) confirm the sending of the form and then pay for the Goods in accordance with the selected payment method.

1. The Buyer may choose one of the following methods of delivering the Goods:

1) courier shipment;

2) delivery to a selected InPost parcel locker.

1. The Buyer may pay the price for the Goods:

1) by bank transfer to the Seller's bank account;

2) using the PayPal, Stripe or Przelewy24 payment systems.

1. The Buyer's approval of sending the form is tantamount to submitting an offer to purchase the selected Goods (hereinafter: "Order").
2. After placing the Order, the Buyer receives confirmation of its submission and acceptance for execution to the e-mail address provided by him. Upon receipt of the confirmation referred to in the preceding sentence, the Sales Agreement is concluded between the Seller and the Buyer.
3. If the placed Order, in relation to which the Buyer has chosen the payment option for the Goods before their delivery, is not paid within 3 (three) days from the date of its submission, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 7 (seven ) days from the date of ineffective expiry of the deadline for payment of the Order. Withdrawal from the Sales Agreement and cancellation of the Order takes place by sending an appropriate statement by the Seller to the e-mail address provided by the Buyer.

• 7.

Delivery Goods

1. The Seller sends the Goods to addresses located on the territory of the Republic of Poland and other Member States of the European Union.
2. The costs of shipping the Goods are covered by the Buyer, who pays them simultaneously with the payment of the price for the Goods.
3. Delivery of the Goods takes place within a maximum of 7 (seven) Business Days from the date of crediting the payment for the Goods to the Seller's bank account.
4. The Seller is obliged to deliver the Goods to the Buyer in accordance with the Sales Agreement applicable to them.
5. The goods delivered to the Buyer should be intact.
6. If the Goods are delivered by a courier, the Buyer should check the Goods in his presence. If the package of the Goods is damaged, the Buyer should write down a damage report and contact the Seller.

• 8.

The right to withdraw from the Sales Agreement

1. The provisions of this § 8 apply only to the Buyer who is a Consumer or an Entrepreneur with Consumer rights.
2. The Buyer has the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days from the date of taking possession of the Goods by him or a third party indicated by the Buyer who is not a carrier.
3. The right to withdraw from the Sales Agreement is exercised by the Buyer by submitting to the Seller a declaration of withdrawal from the Sales Agreement (hereinafter: "Declaration"). To meet the deadline for withdrawing from the Sales Agreement, it is sufficient to send the Statement before the expiry of the period referred to in paragraph 2 above.
4. The statement may be submitted by the Buyer in any form, in particular on the form constituting Appendix 2 to the Act on Consumer Rights. In order to improve the exercise of the right to withdraw from the Sales Agreement, the Seller recommends, however, submitting a Statement in the manner indicated in paragraph 5-8 below.
5. The Buyer may submit a Statement in the form of:

1) electronic;

2) paper.

1. If the Statement is selected in electronic form, the Buyer should send it by e-mail to the address indicated in § 1 sec. 4 point 1 of the Regulations, a message containing the following elements:

1) name and surname of the Buyer;

2) e-mail address;

3) correspondence address;

4) a clear statement of withdrawal from the Sales Agreement;

5) indication of the Goods to which the withdrawal from the Sales Agreement applies;

6) Order number;

7) date of placing the Order;

8) PKD codes of business activity conducted by the Buyer (if the Buyer is an Entrepreneur with Consumer rights).

1. If the Statement in paper form is selected, the Buyer should print and complete the form constituting Appendix No. 1 to the Regulations and then send it together with the Goods to the address indicated in section 10 below.
2. The Seller sends to the Buyer a confirmation of receipt of the Statement immediately after its receipt, via e-mail.
3. In the event of exercising the right to withdraw from the Sales Agreement, the Buyer should return the Goods to the Seller within 14 (fourteen) days from the date of withdrawal from the Sales Agreement. To meet the deadline referred to in the preceding sentence, it is enough to send back the Goods before its expiry.
4. The Goods should be returned to the following address:

 

Dotpack (Misaga)

1. Wspólna 1

42-125 Libidza

 

1. The Buyer bears the direct costs of returning the Goods, unless the Seller has provided the Buyer with the option of free return via a courier company.
2. The reimbursement of payments made by the Buyer takes place after the Seller receives the returned Goods or proof of sending them back by the Buyer, depending on which of these events occurs first. The refund is made using the same payment method that was used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different solution. The buyer does not bear the cost of returning the payment made.
3. The Buyer is responsible for the decrease in the value of the Goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the Goods.

 

• 9.

Complaints about Goods

1. Pursuant to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty towards Buyers who are Entrepreneurs is excluded. Further provisions of this § 9 apply only to:
2. a) the Buyer who is a Consumer or an Entrepreneur with Consumer rights;
3. b) Non-compliance of the Goods with the Sales Agreement.
4. The goods delivered to the Buyer by the Seller must comply with the Sales Agreement.
5. The Seller shall be liable for the Non-Conformity existing at the time of delivery of the Goods to the Buyer and disclosed within 2 (two) years from that moment, unless the Goods' expiry date is longer.
6. In the event of disclosing the Non-Conformity, the Buyer has the rights indicated in art. 43d and n. of the Act on Consumer Rights. The implementation of the Buyer's rights indicated in the preceding sentence takes place in accordance with the provisions of the Act on consumer rights and with the provisions of this § 9.
7. In the event of discrepancies, the Buyer may submit a complaint requesting:
8. a) repair of the Goods or
9. b) exchange of Goods.
10. The complaint is submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
11. The complaint should contain:
12. a) name and surname of the Buyer;
13. b) e-mail address;
14. c) Order number;
15. d) date of delivery of the Goods;
16. e) description of the revealed Non-Conformity;
17. f) request for repair or replacement of the Goods.
18. If the Seller receives a request:
19. a) repair of the Goods - the Seller is entitled to replace the Goods;
20. b) replacement of the Goods - the Seller is entitled to repair the Goods;

– if the method chosen by the Buyer to bring the Goods into compliance with the Sales Agreement is impossible or would require the Seller to incur excessive costs.

1. In the event that both the replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into compliance with the Sales Agreement.
2. After considering the complaint, the Seller shall provide the Buyer with a response to the complaint, in which:
3. a) accepts the complaint and indicates the planned date of completion of the Buyer's request;
4. b) accepts the complaint and informs the Buyer about the Seller's exercise of the right referred to in paragraph 8 above;
5. c) refuses to bring the Goods into compliance with the Sales Agreement for the reasons indicated in paragraph 9 above;
6. d) rejects the complaint due to its groundlessness.
7. The seller responds to the complaint via e-mail within 14 (fourteen) days from the date of its receipt.
8. In the cases indicated in par. 10 points 1-2 above, the Seller, at his own expense, brings the Goods into compliance with the Sales Agreement within a reasonable time from the receipt of the complaint and without undue inconvenience to the Buyer, taking into account the specificity of the Goods and the purpose for which the Buyer purchased them. The planned date of bringing the Goods into compliance with the Sales Agreement is indicated by the Seller in response to the complaint.
9. The Buyer provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods from the Buyer at his own expense.
10. The Buyer is not obliged to pay for the ordinary use of the Goods, which were subsequently replaced.
11. If a Non-Conformity is revealed, the Buyer may submit to the Seller a statement on price reduction or withdrawal from the Agreement when:
12. a) The Seller refused to bring the Goods into compliance with the Sales Agreement for the reasons indicated in section 9 above;
13. b) The Seller has not brought the Goods into compliance with the Sales Agreement in accordance with section 12-13 above;
14. c) The discrepancy persists even though the Seller has tried to bring the Goods into compliance with the Sales Agreement;
15. d) The discrepancy is significant enough to justify withdrawal from the Sales Agreement without prior request from the Seller to bring the Goods into compliance with the Sales Agreement;
16. e) it is clear from the Seller's statement or circumstances that the Seller will not bring the Goods into compliance with the Sales Agreement within a reasonable time or without undue inconvenience to the Buyer.
17. A statement of price reduction or withdrawal from the Sales Agreement may be submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
18. The declaration of price reduction or withdrawal from the Sales Agreement should contain:

name and surname of the Buyer;

e-mail address;

order number;

the date of delivery of the Goods;

description of the revealed Non-Conformity;

indication of the reason for submitting the declaration, selected from among the reasons indicated in sec. 15 above;

a declaration of a reduction in the price of the Goods, together with an indication of the reduced price of the Goods, or a declaration of withdrawal from the Sales Agreement.

18.The reduced price must be in such proportion to the price resulting from the Sales Agreement, in which the value of the Goods inconsistent with the Sales Agreement remains to the value of the Goods in accordance with the Sales Agreement. The Seller returns to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 (fourteen) days from the date of receipt of the statement on price reduction.

1. The Buyer may not withdraw from the Sales Agreement if the Non-Conformity is insignificant.

In the event of withdrawal from the Sales Agreement, the Buyer immediately returns the Goods to the Seller at his expense. Goods should be sent back to the following address:

 

MISAGA SP. Z O.O.

1. Sowińskiego 4

40-018 Katowice

 

1. The Seller returns the price of the Goods to the Buyer immediately, no later than within 14 (fourteen) days from the date of receipt of the Goods or proof of sending them back, whichever occurs first. The refund is made using the same method of payment that was used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different method of return, which does not involve any costs for him.

• 12.

Newsletter delivery agreement

1. In order to conclude the Agreement for the delivery of the Newsletter, the Subscriber should do the following:

1) go to the Store's website;

2) enter the e-mail address in the form available on the Store's website;

3) it is obligatory to check the checkbox next to the statement of consent to receive the Newsletter, reading the Regulations and the Privacy Policy and accepting their provisions;

4) click "Join".

1. By clicking the "Join" option, the Subscriber concludes the Newsletter Agreement.
2. The Agreement for the provision of the Newsletter may also be concluded by the User by checking the checkbox next to the declaration of consent to receive the Newsletter when concluding the Agreement for the provision of the Account Service or the Sales Agreement. In such a case, the Agreement for the provision of the Newsletter is concluded at the time of concluding the Agreement for the provision of the Account Service or the Sales Agreement.
3. The contract for the delivery of the Newsletter is concluded for an indefinite period.
4. The Seller informs and the Subscriber acknowledges that:

1) The newsletter is not subject to updating;

2) the frequency and dates of delivery of the Newsletters are not predetermined and depend on the current situation of the Seller.

1. The Newsletter is delivered via e-mail to the e-mail address provided by the Subscriber.
2. The Subscriber may at any time and without giving any reason terminate the Newsletter Agreement with immediate effect. In addition, pursuant to Art. 27 et seq. of the Act on Consumer Rights, the Subscriber who is a Consumer or an Entrepreneur with Consumer rights may withdraw from the Newsletter Agreement without giving any reason within 14 (fourteen) days from the date of its conclusion.
3. Withdrawal from the Agreement for the delivery of the Newsletter or its termination, regardless of the basis for this action, requires the Subscriber to submit an appropriate statement to the Seller. The statement referred to in the preceding sentence may be submitted by:

1) clicking by the Subscriber on the link enabling resignation from receiving the Newsletter, which is sent together with each Newsletter;

2) sending the Seller by the Subscriber a statement of withdrawal from the Agreement for the provision of the Newsletter or its termination via e-mail.

1. The Seller stops delivering the Newsletter to the Subscriber immediately after the Subscriber performs one of the activities indicated in par. 8 above.

 

• 11.

Complaints regarding the Subject of digital service

1. The provisions of this § 11 apply only to:

1) Customers who are:

1. a) Users or Subscribers, unless a specific provision of the Regulations applies only to one of these persons, and
2. b) Consumers or Entrepreneurs with Consumer rights;

2) Agreements for the provision of the Account Service and Agreements for the provision of the Newsletter, unless a specific provision of the Regulations applies only to one of these Agreements;

3) Non-compliance of the Account Service with the Agreement for the provision of the Account Service or Non-compliance of the Newsletter with the Agreement for the provision of the Newsletter.

1. The Object of the digital service provided to the Customer by the Seller must comply with the Agreement regarding its delivery:

1) at the time of its delivery - if the Subject of the digital service is delivered once or in parts;

2) throughout the period of delivery of a given Subject of digital provision - in the event that the Subject of digital provision is delivered continuously.

1. The Seller is responsible for the Non-Conformity:

1) existing at the time of delivery of the Subject of digital provision and disclosed within 2 (two) years from that moment - in the case when the Subject of digital provision is delivered once or in parts;

2) disclosed during the period of delivery of a given Subject of digital performance - in the event that the Subject of digital performance is delivered continuously.

1. In the event of discrepancies, the Customer may submit a complaint containing a request to bring the Subject of the digital service into compliance with the Agreement regarding its delivery.
2. The complaint is submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
3. The complaint should contain:

1) name and surname of the Client;

2) e-mail address;

3) description of the revealed Non-Conformity;

4) request to bring the Subject of the digital service into compliance with the Agreement regarding its delivery.

1. The Seller may refuse to bring the Subject of the digital service into compliance with the Agreement regarding its delivery, if it is impossible or would require excessive costs for the Seller.
2. After considering the complaint, the Seller provides the Customer with a response to the complaint, in which:

1) accepts the complaint and indicates the planned date of bringing the Subject of the digital service into compliance with the Agreement regarding its delivery;

2) refuses to bring the Subject of the digital service into compliance with the Agreement on its delivery for the reasons indicated in section 7 above;

3) rejects the complaint due to its groundlessness.

1. The seller responds to the complaint via e-mail within 14 (fourteen) days from the date of its receipt.
2. If the complaint is accepted, the Seller, at its own expense, brings the Subject of the digital service into compliance with the Agreement on its delivery within a reasonable time from the receipt of the complaint and without undue inconvenience to the Customer, taking into account the nature of the Subject of the digital service and the purpose for which it is used. The planned date of bringing the Subject of the digital service into compliance with the Agreement regarding its delivery is indicated by the Seller in the response to the complaint.
3. In the event of disclosing a Non-Conformity, the Customer may submit a declaration of withdrawal from the Agreement to the Seller when:

1) bringing the Subject of the digital service into compliance with the Agreement on its delivery is impossible or requires excessive costs;

2) The Seller has not brought the Subject of the digital service into compliance with the Agreement regarding its delivery in accordance with section 10 above;

3) The non-compliance persists even though the Seller has tried to bring the Subject of the digital service into compliance with the Agreement regarding its delivery;

4) The discrepancy is significant enough to justify withdrawal from the Agreement on the delivery of a given Subject of digital performance without prior request from the Seller to bring the Subject of digital performance into compliance with the Agreement on its delivery;

5) it is clear from the Seller's statement or circumstances that the Seller will not bring the Subject of the digital service into compliance with the Agreement regarding its delivery within a reasonable time or without excessive inconvenience to the Customer.

1. A declaration of withdrawal from the Agreement may be submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
2. The statement of withdrawal from the Agreement should contain:

1) name and surname of the Client;

2) e-mail address;

3) date of delivery of the Subject of digital service;

4) description of the revealed Non-Conformity;

5) an indication of the reason for submitting the declaration, selected from among the reasons indicated in para. 11 above;

6) a statement of price reduction, together with an indication of the reduced price, or a statement of withdrawal from the Agreement.

1. In the event of withdrawal by the User from the Agreement for the provision of the Account Service, the Seller deletes the Account immediately after receiving the declaration of withdrawal

from the Account Service Agreement.

1. In the event of the Subscriber withdrawing from the Agreement for the delivery of the Newsletter, the Seller shall suspend the delivery of the Newsletter immediately after receiving a statement of withdrawal from the Agreement for the delivery of the Newsletter.
2. Pursuant to Art. 34 sec. 1a of the Act on Consumer Rights, in the event of withdrawal by the Customer from the Agreement regarding the delivery of the Subject of digital service, the Buyer is obliged to stop using this Subject of digital service and make it available to third parties.

 

• 14.

 Seller's Intellectual Property

1. All components of the Store, in particular:

1) name of the Store;

2) Store logo;

3) photos and descriptions of the Goods;

4) the rules of operation of the Store's website, all its graphic elements, interface, software, source code and databases

- are subject to legal protection under the provisions of the Act of February 4, 1994 on copyright and related rights, the Act of June 30, 2000 - Industrial Property Law, the Act of April 16, 1993 on combating unfair competition and other regulations generally applicable law, including the provisions of European Union law.

1. Any use of the Seller's intellectual property without its prior express consent is prohibited.

 

• 15.

Processing of personal data

Information on the processing of personal data by the Seller can be found in the Privacy Policy available at: https://thenmisaga.com/pl/policies/privacy-policy.

 

• 16.

Out-of-court dispute resolution

1. The provisions of this § 16 apply only to Customers who are Consumers.
2. The customer has the option of using out-of-court methods of dealing with complaints and pursuing claims.
3. Detailed information on the possibility for the Customer to use out-of-court methods of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites:

1) poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;

2) Provincial Inspectorates of the Trade Inspection;

3) the Office of Competition and Consumer Protection.

1. The customer may also use the platform for online dispute resolution (ODR) available at: http://ec.europa.eu/consumers/odr/.

 

• 17.

Changing the Account Service

1. The Seller may change the Account Service in the case of:

1) the need to adapt the Account Service to newly developed devices or software used by Users to use the Account Service;

2) the Seller's decision to improve the Account Service by adding new functionalities to it or modifying existing functionalities;

3) legal obligation to make changes, including the obligation to adapt the Account Service to the current legal status.

1. Changing the Account Service may not involve any costs on the part of the User.
2. The Seller informs the Users about the changes made to the Account Service by placing a message on the Account informing about the changes. Regardless, information about the change may be sent to the Users by e-mail.
3. If the change of the Account Service will significantly and negatively affect the User's access to the Account Service, the Seller is obliged to inform the User about:

1) properties and date of change, and

2) the User's right to terminate the Account Service Agreement with immediate effect within 30 (thirty) days of making the change.

1. The information referred to in par. 4 above, the Seller sends to the Users by e-mail, not later than 7 (seven) days before making the change.
2. Termination by the User of the Agreement for the provision of the Account Service pursuant to sec. 4 point 2 above takes place by submitting to the Seller a statement on termination of the Agreement for the provision of the Account Service. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. The Seller deletes the Account immediately after receiving the statement referred to in the preceding sentence.

 

• 18.

Amendment of the Regulations

1. The Seller may amend the Regulations in the event of:

1) changes in the subject of the Seller's activity;

2) commencement of the provision of new services by the Seller, modification of services already provided or discontinuation of their provision;

3) make technical modifications to the Store that require the provisions of the Regulations to be adapted to them;

4) legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status.

1. Customers will be informed about the change in the Regulations by publishing its amended version on the Store's website at least 7 (seven) days before the date of entry into force of the changes. Within the period referred to in the preceding sentence, the amended version of the Regulations will be sent to Users and Subscribers by e-mail.
2. The provisions of the then applicable Regulations shall apply to Sales Agreements and Agreements for the delivery of Digital Goods concluded before the date of entry into force of the new Regulations.
3. The User or the Subscriber who does not agree to the amendment to the Regulations may terminate the Agreement for the provision of the Account Service or the Agreement for the provision of the Newsletter with immediate effect until the amendments to the Regulations come into force. Lack of notice shall be deemed consent to amend the Regulations.
4. Termination of the Agreement for the provision of the Account Service or the Agreement for the provision of the Newsletter takes place by submitting to the Seller by the User or the Subscriber a statement of termination of this Agreement. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
5. Immediately after receiving the statement referred to in par. 5 above, the Seller deletes the Account or suspends the delivery of the Newsletter.

• 19.

Provisions regarding Entrepreneurs

1. The provisions of this § 19 apply only to Customers who are Entrepreneurs.
2. The Seller has the right to withdraw from the Sales Agreement concluded with the Buyer without giving any reason, within 14 (fourteen) calendar days from the date of its conclusion.
3. With regard to the Sales Agreement, 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 Buyer and the fact of concluding the Sales Agreement.
4. As soon as the Seller releases the Goods to the carrier, the benefits and burdens related to the Goods and the risk of accidental loss or damage to the Goods are transferred to the Buyer. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Goods arising from its acceptance for transport until its delivery to the Buyer and for delays in the transport of the shipment.
5. If the Goods are sent to the Buyer via a carrier, the Buyer is obliged to examine the parcel in time and in the manner accepted for such parcels. 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.
6. With regard to the Agreements for the provision of the Account Service, the Seller may terminate it with immediate effect and without giving any reason.
7. The Seller's liability towards the Buyer, 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 price paid and delivery costs under the Sales Agreement, but not more than the amount of PLN 1,000.00 (one thousand zlotys).
8. The Seller is liable to the Customer only for typical damages foreseeable at the time of concluding the Agreement and is not liable for lost profits.
9. Any disputes arising between the Seller and the Customer shall be submitted to the court having jurisdiction over the seat of the Seller.

• 20.

Final Provisions

1. The provisions of the Regulations do not exclude the provisions in force in the country of habitual residence of the Customer who is a Consumer, which cannot be excluded by agreement. In this case, the Seller guarantees the Customer who is a Consumer the protection granted to him on the basis of provisions that cannot be excluded by agreement.
2. Part of the Regulations is Appendix No. 1 - Declaration of withdrawal from the Sales Agreement.
3. The current version of the Regulations is valid from January 1, 2025.

 

Appendix No. 1 - Declaration of withdrawal from the Sales Agreement

 

 

OŚWIADCZENIE O ODSTĄPIENIU OD UMOWY SPRZEDAŻY