Gift card terms and conditions

1. GENERAL PROVISIONS

1.1. These Terms and Conditions govern the use of Gift Cards in the Online Store of the Gift Card Issuer. They are addressed to both consumers and other entities entering into Product Sales Agreements with the Issuer.

1.2. The issuer of the Gift Card is DAMIAN TOMZIK, conducting business activity under the name MIUM MASH DAMIAN TOMZIK, entered into the Central Register and Information on Business Activity of the Republic of Poland, kept by the minister responsible for economy, with: business address and correspondence address: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska, NIP: 9491919779, REGON: 362827437 and e-mail address: shop@miummash.com .

1.3. Definitions:

Any terms not explained below, but defined in the Online Store's regulations, should be understood in accordance with those regulations.

GIFT CARD – a card entitling the Customer to receive Products in the Seller’s Online Store within the time specified on it and for the value specified therein in accordance with these Regulations.

CUSTOMER, HOLDER, GIFT CARD HOLDER – a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, to which the law grants legal capacity – being the holder of a Gift Card.

CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).

PRODUCT – a movable item available in the Online Store that may be the subject of a Sales Agreement between the Customer and the Seller.

REGULATIONS – these regulations for the use of the Gift Card.

ONLINE STORE – the Seller’s online store available at www.miummash.com .

EXHIBITOR, SELLER – DAMIAN TOMZIK conducting business activity under the name MIUM MASH DAMIAN TOMZIK entered into the Central Register and Information on Business Activity of the Republic of Poland kept by the minister responsible for economy, with: business address and correspondence address: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska, NIP: 9491919779, REGON: 362827437 and e-mail address: shop@miummash.com .

SALES AGREEMENT – a Product sales agreement concluded or entered into between the Customer and the Seller in the Online Store.

2. PAYMENT AND GIFT CARD DELIVERY

2.1. The provisions of the Online Store regulations regarding available payment methods and terms, as well as Product delivery, shall apply accordingly.

2.2. A Gift Card is not a Product, but merely a document entitling the Customer to purchase it under the terms and conditions specified therein. It replaces the cash typically used to purchase Products in the Online Store. The Card can be purchased in the Online Store as well as in the Seller's mobile boutique.

2.3. The Issuer provides Gift Cards with a value of: PLN 300, PLN 500 and PLN 700 – depending on the amount paid by the Customer.

2.4. Payment for the sale of a Gift Card is made, at the Customer's option, in cash at the Seller's mobile boutique, by transfer to the Seller's bank account, by electronic payment or by payment card.

2.5. If a Gift Card is purchased via the Online Store, delivery of the Gift Card to the Customer is free of charge.

3. TERMS OF USE OF THE GIFT CARD

3.1. The Gift Card is marked with an individual Customer identification code registered in the Seller's system.

3.2. The Gift Card holder is entitled to use the Card within 6 months of its issuance to purchase Products in the Online Store, the total value of which does not exceed the face value specified on the Gift Card. If the value of the Gift Card allows, it can be used to cover the full cost of the order, including shipping costs and other additional fees.

3.3. The Gift Card is redeemed by entering the identification code stored on it in the appropriate field in the Order Form after adding

selected Products to the cart. The Gift Card is redeemed only after the Customer confirms the order.

3.4. The expiration date of each Gift Card is indicated on the Gift Card. After this date, the Holder will no longer be able to make payments using the Gift Card.

3.5. The Gift Card replaces cash in the Online Store with the value specified on it for the purpose of making payment under the Sales Agreement, but it itself cannot be exchanged for cash.

3.6. A Gift Card cannot be used to purchase another Gift Card.

3.7. The Customer has the right to redeem the Gift Card in the event of a Sales Agreement whose value exceeds the nominal value of the Gift Card, provided that in such a case the Customer is obliged to pay the remaining part of the price using the available payment methods in the Online Store.

3.8. A Gift Card may be used to pay for a Sales Agreement whose value is less than the face value of the Gift Card being redeemed. In such a case, the original value of the Gift Card is reduced by the amount used to pay for the Sales Agreement. The Gift Card may be redeemed until the funds stored on it are fully used or its validity period expires.

3.9. If the Customer returns a Product purchased using a Gift Card, the Seller will refund the purchase price to a new Gift Card. If the purchase price exceeds the value of the Gift Card, the Seller will refund the excess amount using the same payment method used by the Customer, unless the Customer has expressly agreed to a different refund method that does not incur any costs to the Customer.

4. PERSONAL DATA

4.1. The Exhibitor is the controller of personal data processed in connection with the implementation of the provisions of these Regulations. Personal data are processed in accordance with applicable law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as "GDPR" or "GDPR Regulation".

4.2. The Administrator processes personal data for the purposes, within the scope and based on the principles indicated in this section of the Regulations. Providing personal data is voluntary, however, failure to provide the personal data required for the issuance and redemption of a Gift Voucher will result in the inability to use it. The Administrator exercises due diligence to protect the interests of the individuals whose personal data it processes and, in particular, is responsible for and ensures that the data it collects are: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subject to further processing incompatible with these purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) stored in a form which permits identification of the individuals to whom they relate, no longer than is necessary to achieve the purpose of processing; and (5) processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage, using appropriate technical and organizational measures. Taking into account the nature, scope, context, and purposes of processing, as well as the risk of varying likelihood and severity of violations of the rights and freedoms of natural persons, the Controller implements appropriate technical and organizational measures to ensure that processing is carried out in accordance with this Regulation and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Controller implements technical measures to prevent unauthorized access and modification of personal data transmitted electronically.

4.3. The Controller is entitled to process personal data in cases where – and to the extent that – at least one of the following conditions is met: (1) the data subject has consented to the processing of his or her personal data for one or more specific purposes; (2) processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary to comply with a legal obligation to which the Controller is subject; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.

4.4. The processing of personal data by the Administrator always requires the existence of at least one of the grounds indicated above. Specific grounds for processing the personal data of Online Store Service Users

by the Administrator are indicated in the next point of the Regulations – in relation to a given purpose of personal data processing by the Administrator.

4.5. The Administrator may process personal data for the following purposes, on the following grounds, for the following periods and to the following extent:

4.6. The Controller must use the services of external entities. The Controller only uses the services of processors who provide sufficient guarantees to implement appropriate technical and organizational measures so that the processing meets the requirements of the GDPR and protects the rights of data subjects. The Controller only transfers data when it is necessary to achieve a given personal data processing purpose and only to the extent necessary to achieve it. Customers' personal data may be transferred to the following recipients or categories of recipients:

4.7. Right of access, rectification, restriction, erasure, or transfer – the data subject has the right to request from the Controller access to their personal data, rectification, erasure ("right to be forgotten"), or restriction of processing, and has the right to object to processing, as well as the right to transfer their data. Detailed conditions for exercising the above-mentioned rights are set out in Articles 15-21 of the GDPR.

4.8. The right to withdraw consent at any time – a person whose data is processed by the Controller on the basis of expressed consent (pursuant to Article 6 paragraph 1 letter a) or Article 9 paragraph 2 letter a) of the GDPR Regulation) has the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

4.9. Right to lodge a complaint with a supervisory authority – an individual whose data is processed by the Controller has the right to lodge a complaint with a supervisory authority in the manner and procedure specified in the provisions of the GDPR Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office.

4.10. Right to object – the data subject has the right to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them based on Article 6(1)(e) (public interest or task) or (f) (legitimate interest of the controller), including profiling based on these provisions. In such a case, the controller may no longer process the personal data, unless they demonstrate compelling legitimate grounds.

for processing that override the interests, rights and freedoms of the data subject or the grounds for establishing, pursuing or defending claims.

4.11. Right to object to direct marketing – if personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of their personal data for such marketing purposes, including profiling, to the extent that the processing is related to such direct marketing.

4.12. In order to exercise the rights referred to in this point 4 of the Regulations, you may contact the Administrator by sending an appropriate message in writing or by e-mail to the Administrator's address indicated at the beginning of the Regulations.

5. COMPLAINT PROCEDURE

5.1. Complaints related to the use of the Gift Card and the implementation of these Regulations may be submitted by the Customer, for example, via e-mail to the following address: shop@miummash.com or in writing to the following address: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska.

5.2. It is recommended to provide as much information and circumstances as possible regarding the subject of the complaint in the complaint description, in particular the type and date of the irregularity, contact details and the individual Customer identification code indicated on the Gift Card – this will facilitate and expedite the complaint processing by the Issuer.

5.3. The Exhibitor will respond to the complaint immediately, no later than within 14 days from the date of its submission.

6. FINAL PROVISIONS

6.1. The applicable law is Polish law and the Polish language.

6.2. The Issuer reserves the right to amend the Regulations for important reasons, including: changes in legal provisions to the extent that such changes affect the implementation of the provisions of these Regulations. Amendments to the Regulations do not affect Gift Cards already awarded. The Issuer will notify the Customer of changes to the Regulations via email.

6.3. In matters not regulated in these Regulations, the provisions of the Civil Code and other relevant provisions of Polish law shall apply.