Terms of service

TERMS AND CONDITIONS OF THE ONLINE STORE

MIUMMASH.COM

TABLE OF CONTENTS:

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
CONDITIONS FOR CONCLUDING A SALES AGREEMENT
METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
COST, METHODS AND TIME OF DELIVERY OF THE PRODUCT
COMPLAINT HANDLING PROCEDURE
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
RIGHT OF WITHDRAWAL FROM THE CONTRACT
CONTRACTUAL RIGHT TO EXCHANGE THE PRODUCT
PROVISIONS CONCERNING ENTREPRENEURS
PRODUCT REVIEWS
ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLIANT WITH THE TERMS AND CONDITIONS
FINAL PROVISIONS
MODEL WITHDRAWAL FORM

These Terms and Conditions of the Online Store have been prepared by the lawyers of the Prokonsumencki.pl service. The Online Store www.miummash.com cares about consumer rights. A consumer may not waive the rights granted to them under the Act on Consumer Rights. Contractual provisions that are less favourable to the consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of the Act on Consumer Rights apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any rights of consumers to which they are entitled under mandatory provisions of law, and any possible doubts shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, those provisions shall prevail and shall be applied.

GENERAL PROVISIONS

The Online Store available at the Internet address www.miummash.com is run by DAMIAN TOMZIK, conducting business activity under the business name MIUM MASH DAMIAN TOMZIK, entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for the economy, having: the address of the place of business and the address for service: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska, NIP (tax identification number): 9491919779, REGON (statistical number): 362827437 and the e-mail address: shop@miummash.com.
These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions provides otherwise.
The Controller of the personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy contains, above all, the rules concerning the processing of personal data by the Controller in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Similarly, the related provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
Definitions:

BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placing of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
CUSTOMER – (1) a natural person with full legal capacity and, in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality which is granted legal capacity by statute; - who or which has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Polish Civil Code Act of 23 April 1964 (Journal of Laws Dz.U. 1964 nr 16, poz. 93, as amended).
ACCOUNT – an Electronic Service, a set of resources in the Service Provider's ICT system, identified by an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information on the Orders placed by them in the Online Store are stored.
NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the periodic content of successive editions of a newsletter containing information about Products, new arrivals and promotions in the Online Store.
PRODUCT – a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS – these terms and conditions of the Online Store.
ONLINE STORE - the Service Provider's online store available at the Internet address: www.miummash.com.
SELLER; SERVICE PROVIDER – DAMIAN TOMZIK, conducting business activity under the business name MIUM MASH DAMIAN TOMZIK, entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for the economy, having: the address of the place of business and the address for service: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska, NIP (tax identification number): 9491919779, REGON (statistical number): 362827437 and the e-mail address: shop@miummash.com.
SALES AGREEMENT – an agreement for the sale of a Product that is being concluded or has been concluded between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided by electronic means by the Service Provider to the Service Recipient via the Online Store.
SERVICE RECIPIENT – (1) a natural person with full legal capacity and, in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality which is granted legal capacity by statute; - who or which uses or intends to use an Electronic Service.
ACT ON CONSUMER RIGHTS – the Polish Act on Consumer Rights of 30 May 2014 (Journal of Laws Dz.U. 2014 poz. 827, as amended)
ORDER - a declaration of intent of the Customer submitted by means of the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.
DIGITAL SERVICES ACT, ACT–Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102)
ILLEGAL CONTENT–information which, in itself or in relation to an activity, including the sale of Products or the provision of Electronic Services, is not in compliance with the law of the European Union or the law of any Member State which is in compliance with the law of the European Union, irrespective of the precise subject matter or nature of that law.

ELECTRONIC SERVICES IN THE ONLINE STORE

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

Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. An Order is placed once the Customer has completed two consecutive steps together – (1) completing the Order Form and (2) clicking, on the website of the Online Store after completing the Order Form, the “Order and pay” field – until that moment it is possible to modify the entered data independently (for this purpose, the displayed messages and the information available on the website of the Online Store should be followed). In the Order Form, the Customer must provide the following data concerning the Customer: first name and surname/company name, address (street, house/flat number, postcode, town/city, country), e-mail address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of the Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and the NIP (tax identification number).

The Order Form Electronic Service is provided free of charge, is of a one-off nature and ends when an Order is placed through it or when the Service Recipient ceases, before that time, to place an Order through it.

Account – use of the Account is possible once the Service Recipient has completed two consecutive steps together – (1) completing the Registration Form, (2) clicking the “CREATE” field. In the Registration Form, the Service Recipient must provide the following data of the Service Recipient: e-mail address and password.

The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to the address: shop@miummash.com or in writing to the address: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska.

Newsletter – use of the Newsletter is possible by – (1) ticking the appropriate checkbox when placing an Order via the Order Form – upon placing the Order, the Service Recipient is subscribed to the Newsletter, (2) entering an e-mail address in the “Newsletter” field of the form on the home page of the Online Store and clicking the “SIGN UP” field - upon clicking the “SIGN UP” field, the Service Recipient is subscribed to the Newsletter.

The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular by e-mail to the address: shop@miummash.com or in writing to the address: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska.

Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) an up-to-date version of a web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling in the web browser the saving of Cookies and support for Javascript.
The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practice, with due respect for the personal rights as well as the copyright and intellectual property of the Service Provider and of third parties. The Service Recipient is obliged to enter data that are consistent with the facts. The Service Recipient is prohibited from providing content of an unlawful nature, including Illegal Content.
The complaint procedure concerning Electronic Services is set out in point 6 of the Terms and Conditions.

CONDITIONS FOR CONCLUDING A SALES AGREEMENT

A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order by means of the Order Form in the Online Store in accordance with point 2.1.1 of the Terms and Conditions.
The price of the Product or the remuneration for the Product shown on the website of the Online Store is given – according to the Customer's choice – in Polish zlotys, euros or US dollars and includes taxes. The Customer is informed on the pages of the Online Store, including when placing the Order and at the moment the Customer expresses the will to be bound by the Sales Agreement, of the total price or remuneration including taxes and, where the nature of the Product does not reasonably allow the amount to be calculated in advance, of the manner in which they will be calculated, as well as of the delivery costs (including charges for transport, delivery or postal services) and of other costs and, where the amount of those charges cannot be determined, of the obligation to pay them. In the case of a Sales Agreement for a Product concluded for an indefinite period or including a subscription, the Seller provides, in the same manner, the total price or remuneration covering all payments for the billing period and, where the Sales Agreement provides for a fixed rate, also the total monthly payments.
Procedure for concluding a Sales Agreement in the Online Store by means of the Order Form

A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order in the Online Store in accordance with point 2.1.1 of the Terms and Conditions.
After the Order has been placed, the Seller promptly confirms its receipt and at the same time accepts the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for fulfilment takes place by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements on receipt of the Order and on its acceptance for fulfilment, as well as confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded upon receipt of the above e-mail message by the Customer.

The content of the Sales Agreement being concluded is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT

The Seller makes the following methods of payment under the Sales Agreement available to the Customer:

Payment in cash upon personal collection.
Payment by bank transfer to the Seller's bank account.
Electronic payments and payment card payments via the PayPal and Przelewy24 services – the currently available payment methods are specified on the website of the Online Store in the information tab concerning payment methods and on the websites https://www.paypal.com/pl and https://www.przelewy24.pl/

Settlement of transactions made by electronic payment and payment card is carried out in accordance with the Customer's choice. Electronic payments and payment card payments are handled by:

PayPal – the company PayPal (Europe) S.a r.l. et Cie, S.C.A., 5th floor, 22-24 Boulavard Royal, L-2449 Luxembourg, Grand Duchy of Luxembourg, commercial register number: R.C.S. Luxembourg B 118 349, VAT number: LU22046007.
PAYPRO SPÓŁKA AKCYJNA with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000347935, registration files kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, share capital of PLN 4,737,100.00 paid up in full, NIP (tax identification number): 7792369887, REGON (statistical number): 301345068. The company holds a licence to operate as a payment institution and is subject to supervision by the Polish Financial Supervision Authority (licence no. IP24/2014).

Payment deadline:

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

COST, METHODS AND TIME OF DELIVERY OF THE PRODUCT

Delivery of the Product is available within the territory of the Republic of Poland.
Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including charges for transport, delivery and postal services) are indicated to the Customer on the pages of the Online Store in the information tab concerning delivery costs and when placing the Order, including at the moment the Customer expresses the will to be bound by the Sales Agreement.
Personal collection of the Product by the Customer is free of charge.
The Seller makes the following methods of delivery or collection of the Product available to the Customer:

InPost parcel lockers (Paczkomaty InPost).
InPost courier delivery.
Personal collection available at the address: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska – on Business Days, by prior appointment.

The time of delivery of the Product to the Customer is up to 15 business days, unless a shorter time is stated in the description of a given Product or when placing the Order. In the case of Products with different delivery times, the delivery time is the longest time stated, which, however, may not exceed 15 business days. The start of the period for delivery of the Product to the Customer is counted as follows:

If the Customer chooses payment by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account or settlement account is credited.

The time within which the Product is ready for collection by the Customer – if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within up to 15 Business Days, unless a shorter time is stated in the description of a given Product or when placing the Order. In the case of Products with different times of readiness for collection, the time of readiness for collection is the longest time stated, which, however, may not exceed 15 Business Days. The Customer will additionally be informed by the Seller that the Product is ready for collection. The start of the period within which the Product is ready for collection by the Customer is counted as follows:

If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date on which the Seller's bank account or settlement account is credited.
If the Customer chooses payment in cash upon personal collection – from the date of conclusion of the Sales Agreement

COMPLAINT HANDLING PROCEDURE

This point 6 of the Terms and Conditions sets out the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
The basis and scope of liability are set out in generally applicable provisions of law, in particular in the Civil Code, the Act on Consumer Rights and the Polish Act on the Provision of Services by Electronic Means of 18 July 2002 (Journal of Laws Dz.U. Nr 144, poz. 1204, as amended).

Detailed provisions concerning a complaint about a Product – a movable item – purchased by the Customer under a Sales Agreement concluded with the Seller up to 31 December 2022 are set out in the provisions of the Civil Code in the wording in force until 31 December 2022, in particular Articles 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the Product sold has a physical or legal defect (statutory warranty). The Seller is obliged to deliver to the Customer a Product free from defects. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the statutory warranty for a Product purchased in accordance with the preceding sentence towards a Customer who is not a consumer is excluded.
Detailed provisions concerning a complaint about a Product – a movable item (including a movable item with digital elements), excluding, however, a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from 1 January 2023 are set out in the provisions of the Act on Consumer Rights in the wording in force from 1 January 2023, in particular Articles 43a - 43g of the Act on Consumer Rights. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of a lack of conformity of the Product with the Sales Agreement.

A complaint may be submitted, for example:

in writing to the address: ul. Świętego Floriana 9A, 34-130 Kalwaria Zebrzydowska
in electronic form by e-mail to the address: shop@miummash.com

The Product may be sent or returned as part of a complaint to the address: ul. Świętego Floriana 9A, 34-130 Kalwaria Zebrzydowska
It is recommended that the description of the complaint include: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or lack of conformity with the contract; (2) a request specifying the manner of bringing the Product into conformity with the contract, or a statement on a price reduction or withdrawal from the contract, or another claim; and (3) the contact details of the person submitting the complaint – this will facilitate and speed up the handling of the complaint. The requirements set out in the preceding sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
If the contact details provided are changed by the person submitting the complaint while the complaint is being handled, that person is obliged to notify the Seller thereof.
The person submitting the complaint may attach to the complaint evidence (e.g. photographs, documents or the Product) related to the subject of the complaint. The Seller may also ask the person submitting the complaint to provide additional information or to send evidence (e.g. photographs), if this will facilitate and speed up the handling of the complaint by the Seller.
The Seller shall respond to the complaint without delay, no later than within 14 calendar days of the date of its receipt
In addition to statutory liability, a guarantee may be granted for the Product – this is a contractual (additional) liability and may be relied upon where the given Product is covered by a guarantee. The guarantee may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). The detailed terms of liability under the guarantee, including the details of the entity responsible for performing the guarantee and of the entity entitled to rely on it, are available in the description of the guarantee, e.g. in the guarantee card or in another place relating to the granting of the guarantee. The Seller points out that in the event of a lack of conformity of the Product with the contract, the Customer is entitled by operation of law to legal remedies from and at the expense of the Seller, and that the guarantee does not affect those legal remedies.
The provisions concerning the consumer contained in point 6.2.2. of the Terms and Conditions shall also apply to a Customer who is a natural person concluding a contract directly related to his or her business activity, where it follows from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject of the business activity pursued by that person, as made available on the basis of the provisions on the Central Register and Information on Business Activity.

OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES

Methods of resolving disputes without the involvement of a court include (1) enabling the parties to bring their positions closer together, e.g. through mediation; (2) proposing a resolution of the dispute, e.g. through conciliation; and (3) settling the dispute and imposing its resolution on the parties, e.g. by way of arbitration (arbitration court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, the rules of access to these procedures and a user-friendly search engine for entities dealing with the amicable resolution of disputes are available on the website of the Polish Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
There is also a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on the out-of-court resolution of consumer disputes. The consumer may contact the contact point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Head Office of the Office at plac Powstańców Warszawy 1 in Warsaw (00-030).
The consumer has, by way of example, the following possibilities of using out-of-court methods of handling complaints and pursuing claims: (1) an application for the settlement of a dispute submitted to a permanent consumer arbitration court; (2) an application for the out-of-court resolution of a dispute submitted to the voivodeship inspector of the Trade Inspection; or (3) the assistance of a district (municipal) consumer ombudsman or of a social organisation whose statutory tasks include consumer protection (including Federacja Konsumentów and Stowarzyszenie Konsumentów Polskich). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and via the consumer helpline on 801 440 220 (the helpline is open on Business Days from 8:00 to 18:00; call charges according to the operator's tariff).
The possibility of submitting complaints via the ODR platform expires on 20 March 2025, and the platform itself will be closed down on 20 July 2025. At http://ec.europa.eu/consumers/odr there is a platform for the online resolution of disputes between consumers and traders at EU level (the ODR platform). The ODR platform is an interactive and multilingual website providing a single point of entry for consumers and traders seeking the out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a contract for the provision of services (more information is available on the website of the platform itself or at the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

RIGHT OF WITHDRAWAL FROM THE CONTRACT

A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.7 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before the deadline expires. The statement of withdrawal from the contract may be submitted, for example:

in writing to the address: ul. Świętego Floriana 9A, 34-130 Kalwaria Zebrzydowska
in electronic form by e-mail to the address: shop@miummash.com

The return of a Product – movable goods (including movable goods with digital elements) – as part of withdrawal from the contract may be made to the address: ul. Świętego Floriana 9A, 34-130 Kalwaria Zebrzydowska
A sample withdrawal form is contained in Annex No. 2 to the Act on Consumer Rights and is additionally available in point 14 of the Terms and Conditions. The consumer may use the sample form, but it is not obligatory.
The period for withdrawal from the contract begins:

for a contract in the performance of which the Seller hands over the Product, being obliged to transfer its ownership – from the moment the consumer, or a third party indicated by the consumer other than the carrier, takes possession of the Product, and in the case of a contract which: (1) covers multiple Products that are delivered separately, in batches or in parts – from the moment possession is taken of the last Product, batch or part, or (2) consists in the regular delivery of Products for a fixed period – from the moment possession is taken of the first of the Products;
for other contracts – from the date of conclusion of the contract.

In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
Products – movable goods, including movable goods with digital elements:

The Seller is obliged to refund to the consumer, without delay and no later than within 14 calendar days of the date of receipt of the consumer's statement of withdrawal from the contract, all payments made by the consumer, including the costs of delivery of the Product – movable goods, including movable goods with digital elements (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same payment method as that used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for the consumer. In the case of Products – movable goods (including movable goods with digital elements) – if the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of the payments received from the consumer until it has received the Product back or until the consumer has provided proof of having sent it back, whichever occurs first.
In the case of Products – movable goods (including movable goods with digital elements) – the consumer is obliged to return the Product to the Seller, or to hand it over to a person authorised by the Seller to collect it, without delay and no later than within 14 calendar days of the date on which the consumer withdrew from the contract, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to send the Product back before the deadline expires.
The consumer is liable for any diminished value of the Product – movable goods (including movable goods with digital elements) – resulting from the use of the Product in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the Product.

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

In the case of Products – movable goods (including movable goods with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund to the consumer the additional costs incurred by the consumer.
In the case of Products – movable goods (including movable goods with digital elements) – the consumer bears the direct costs of returning the Product.
In the case of a Product – a service the performance of which, at the express request of the consumer, began before the expiry of the period for withdrawal from the contract, a consumer who exercises the right of withdrawal from the contract after making such a request is obliged to pay for the services performed up to the moment of withdrawal from the contract. The amount of the payment shall be calculated in proportion to the extent of the service performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the service performed.

The right of withdrawal from a distance contract does not apply to the consumer in respect of contracts:

(1) for the provision of services for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the performance began that he or she would lose the right of withdrawal from the contract once the Seller had performed the service, and acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market which are beyond the Seller's control and which may occur before the expiry of the period for withdrawal from the contract; (3) in which the subject of the performance is a Product – movable goods (including movable goods with digital elements) – that is not prefabricated, is made to the consumer's specifications or serves to satisfy the consumer's individualised needs; (4) in which the subject of the performance is a Product – movable goods (including movable goods with digital elements) – that is liable to deteriorate rapidly or has a short shelf life; (5) in which the subject of the performance is a Product – movable goods (including movable goods with digital elements) – delivered in sealed packaging which cannot be returned after the packaging has been opened for health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the performance is Products – movable goods (including movable goods with digital elements) – which, after delivery, by their nature become inseparably mixed with other movable goods, including movable goods with digital elements; (7) in which the subject of the performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market which are beyond the Seller's control; (8) in which the consumer expressly requested that the Seller visit him or her for the purpose of carrying out urgent repairs or maintenance; if the Seller additionally provides services other than those requested by the consumer, or supplies Products – movable goods (including movable goods with digital elements) – other than replacement parts necessary to carry out the repair or maintenance, the consumer has the right of withdrawal from the contract in respect of the additional services or Products; (9) in which the subject of the performance is sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, the transport of goods, car rental, catering, or services related to leisure, entertainment, sporting or cultural events, if the contract specifies the date or period of performance of the service; (13) for the supply of digital content not supplied on a tangible medium for which the consumer is obliged to pay a price, if the Seller began the performance with the express and prior consent of the consumer, who was informed before the performance began that he or she would lose the right of withdrawal from the contract once the Seller had performed the service, and acknowledged this, and the Seller provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Act on Consumer Rights; (14) for the provision of services for which the consumer is obliged to pay a price, where the consumer expressly requested that the Seller visit him or her for the purpose of carrying out a repair and the service has already been fully performed with the express and prior consent of the consumer.

The provisions concerning the consumer contained in this point 8. of the Terms and Conditions shall apply from 1 January 2021, and to contracts concluded from that date, also to a Service Recipient or Customer who is a natural person concluding a contract directly related to his or her business activity, where it follows from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject of the business activity pursued by that person, as made available on the basis of the provisions on the Central Register and Information on Business Activity.

CONTRACTUAL RIGHT TO EXCHANGE THE PRODUCT

This point of the Terms and Conditions does not affect the rights of a Customer who is a consumer to lodge a complaint in accordance with point 6 of the Terms and Conditions or to withdraw from the contract without giving any reason in accordance with point 8 of the Terms and Conditions. The contractual right to exchange the Product referred to in this point of the Terms and Conditions is additional and voluntary in nature.
A Customer who is a consumer and who has purchased a Product in the Online Store may, within 14 calendar days of the date of its receipt, exchange it for a Product in a different size available in the Online Store within the same model. In the event of a difference in price between the Product being exchanged and the Product for which it is to be exchanged, the Customer shall be obliged to pay the difference or the Seller shall be obliged to refund it, as applicable. In the event of an exchange of the Product, a Customer who is a consumer bears the costs of sending the Product back and the costs of shipping the new Product. To meet the deadline, it is sufficient to send the statement before the deadline expires.
The costs of returning the Product being exchanged to the Seller and the costs of delivering the replacement Product to the Customer shall be borne by the Customer.
The Product returned by the Customer must not be damaged.
A Customer who is a consumer is liable for any diminished value of the Product resulting from the use of the Product in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the Product.
In the event of an exchange of the Product, the Customer is requested to enclose proof of purchase, preferably in the form of a receipt or a VAT invoice.
The consumer is obliged to return the Product to the Seller, or to hand it over to a person authorised by the Seller to collect it, without delay and no later than within 7 calendar days of the date on which the consumer submitted the statement on the exchange of the Product. To meet the deadline, it is sufficient to send the Product back before the deadline expires. The consumer may return the Product to the address: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska
An exchange of the Product is possible after the details have been agreed in advance with the Seller. The Customer may contact the Seller, for example:

in writing to the address: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska;
in electronic form by e-mail to the address: shop@miummash.com.

PROVISIONS CONCERNING ENTREPRENEURS

This point 10. of the Terms and Conditions and all the provisions contained in it are addressed to, and therefore binding only on, a Customer or Service Recipient who is not a consumer and who, from 1 January 2021 and for contracts concluded from that date, is also not a natural person concluding a contract directly related to his or her business activity, where it follows from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject of the business activity pursued by that person, as made available on the basis of the provisions on the Central Register and Information on Business Activity.
The Seller has the right to withdraw from the Sales Agreement within 14 calendar days of the date of its conclusion. In this case, withdrawal from the Sales Agreement may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
The Seller has the right to limit the available payment methods, including to require prepayment in whole or in part, irrespective of the payment method chosen by the Customer and of the fact that the Sales Agreement has been concluded.
The Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without stating reasons by sending an appropriate statement to the Service Recipient.
The liability of the Service Provider/Seller towards the Service Recipient/Customer, irrespective of its legal basis, is limited – both in respect of a single claim and in respect of all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but no more than one thousand Polish zlotys (PLN). The limit referred to in the preceding sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including where no Sales Agreement has been concluded or where the claims are unrelated to a Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical damage foreseeable at the time of concluding the contract and is not liable for lost profits. The Seller is also not liable for any delay in the carriage of the consignment.
Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
The Seller's liability under the statutory warranty for the Product or for the lack of conformity of the Product with the Sales Agreement is excluded.
The Seller shall respond to the complaint within 30 calendar days of the date of its receipt.

PRODUCT REVIEWS

The Seller does not provide access to reviews of Products posted by Customers.

ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLIANT WITH THE TERMS AND CONDITIONS

This point of the Terms and Conditions contains provisions arising from the Digital Services Act insofar as they concern the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Store, unless the Terms and Conditions require specific data to be provided (e.g. data for placing an Order). The Service Recipient may be able to add a review or comment in the Online Store using the tools made available for this purpose by the Service Provider. Whenever the Service Recipient provides content, he or she is obliged to comply with the rules contained in the Terms and Conditions.
CONTACT POINT – The Service Provider designates the e-mail address shop@miummash.com as a single point of contact. The contact point enables direct communication between the Service Provider and the authorities of the Member States, the European Commission and the European Board for Digital Services and, at the same time, enables recipients of the service (including Service Recipients) to communicate directly, quickly and in a user-friendly manner with the Service Provider by electronic means, for the purposes of applying the Digital Services Act. The Service Provider specifies Polish and English as the languages for communication with its contact point.
Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:

Any person or any entity may notify the Service Provider, at the e-mail address shop@miummash.com, of the presence of specific information which that person or entity considers to be Illegal Content
The notice should be sufficiently precise and adequately substantiated. To that end, the Service Provider enables and facilitates the submission, to the e-mail address given above, of notices containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information in question is Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where appropriate, additional information enabling the identification of the Illegal Content, adapted to the type of content and to the specific type of service; (3) the name and e-mail address of the person or entity submitting the notice, except in the case of a notice concerning information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement confirming the bona fide belief of the person or entity submitting the notice that the information and allegations contained in it are accurate and complete.
The notice referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in respect of the information to which it relates, where it allows a Service Provider acting with due diligence to identify – without a detailed legal examination – the illegality of the relevant activity or information.
Where the notice contains the electronic contact details of the person or entity that submitted it, the Service Provider shall, without undue delay, send that person or entity a confirmation of receipt of the notice. The Service Provider shall also, without undue delay, notify that person or entity of its decision in respect of the information to which the notice relates, providing information on the possibilities of appealing against the decision taken.
The Service Provider shall process all notices that it receives under the mechanism referred to above and shall take its decisions in respect of the information to which the notices relate in a timely, non-arbitrary and objective manner and with due diligence. Where the Service Provider uses automated means for that processing or decision-making, it shall include information on such use in the notification referred to in the preceding point.

Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store in respect of information provided by Service Recipients:

The Service Recipient is bound by the following rules when providing any content within the Online Store:

The obligation to use the Online Store, including to post content (e.g. in reviews or comments), in accordance with its intended purpose, these Terms and Conditions and in a manner consistent with the law and good practice, with due respect for the personal rights and the copyright and intellectual property of the Service Provider and of third parties;
The obligation to enter content that is consistent with the facts and in a manner that is not misleading;
The prohibition on providing content of an unlawful nature, including the prohibition on providing Illegal Content;
The prohibition on sending unsolicited commercial information (spam) via the Online Store;
The prohibition on providing content that violates the generally accepted rules of netiquette, including content that is vulgar or offensive;
The obligation to hold – where necessary – all rights and permissions required by law to provide such content on the pages of the Online Store, in particular copyright or the required licences, permissions and consents for its use, dissemination, making available or publication, especially the right to publish and disseminate it in the Online Store and the right to use and disseminate the image or personal data in the case of content that includes the image or personal data of third parties.
The obligation to use the Online Store in a manner that does not pose a threat to the security of the ICT system of the Service Provider, of the Online Store or of third parties.

The Service Provider reserves the right to moderate content provided by Service Recipients to the Online Store website. Moderation is carried out in good faith and with due diligence, on the Service Provider's own initiative or upon a notice received, for the purpose of detecting, identifying and removing Illegal Content or other content not compliant with the Terms and Conditions, or disabling access to it, or taking the measures necessary to comply with the requirements of European Union law and of national law consistent with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions.
The moderation process may be carried out manually by a human or may rely on automated or partially automated tools that help the Service Provider to identify Illegal Content or other content not compliant with the Terms and Conditions. Once such content has been identified, the Service Provider decides whether to remove the content or disable access to it, or otherwise restricts its visibility, or takes other measures that it deems necessary (e.g. contacts the Service Recipient in order to clarify the objections and amend the content). The Service Provider shall inform the Service Recipient who provided the content (if it has his or her contact details), in a clear and easily comprehensible manner, of its decision, the reasons for it and the available possibilities of appealing against that decision.
In exercising its rights and performing its obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner, and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.

Any comments, complaints, appeals or objections concerning decisions or other actions, or the failure to take action, on the part of the Service Provider on the basis of a notice received or of a decision of the Service Provider taken in accordance with the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaint procedure indicated in point 6. of the Terms and Conditions. Use of this procedure is free of charge and enables complaints to be lodged electronically to the e-mail address provided. Use of the procedure for lodging and handling complaints is without prejudice to the right of the person or entity concerned to initiate proceedings before a court and does not affect his, her or its other rights.
The Service Provider shall handle any comments, complaints, appeals or objections concerning decisions or other actions, or the failure to take action, on the part of the Service Provider on the basis of a notice received or of a decision taken, in a timely, non-discriminatory, objective and non-arbitrary manner. Where a complaint or other submission contains sufficient grounds for the Service Provider to consider that its decision not to act upon the notice is unfounded or that the information to which the complaint relates is not illegal and is not incompatible with the Terms and Conditions, or contains information indicating that the complainant's conduct does not warrant the measure taken, the Service Provider shall, without undue delay, reverse or amend its decision as to whether to remove the content or disable access to it or otherwise restrict its visibility, or shall take other measures that it deems necessary.
Service Recipients, and persons or entities that have submitted a notice of Illegal Content, to whom the Service Provider's decisions concerning Illegal Content or content not compliant with the Terms and Conditions are addressed, have the right to select any out-of-court dispute settlement body certified by the Digital Services Coordinator of a Member State in order to resolve disputes relating to those decisions, including in respect of complaints that have not been resolved by means of the Service Provider's internal complaint-handling system.

FINAL PROVISIONS

Contracts concluded via the Online Store are concluded in the Polish language.
Amendment of the Terms and Conditions:

The Service Provider reserves the right to amend these Terms and Conditions for important reasons, namely: changes in the law; changes in the methods or deadlines of payment or delivery; being subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; the addition of new Electronic Services; the need to counter an unforeseen and imminent threat related to protecting the Online Store, including the Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity risks – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
Notification of the proposed amendments shall be sent at least 15 days before the date on which those amendments enter into force, with the proviso that an amendment may be introduced without observing the 15-day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation which requires it to amend the Terms and Conditions in a manner that does not allow it to observe the 15-day notice period; or (2) must, by way of exception, amend its Terms and Conditions in order to counter an unforeseen and imminent threat related to protecting the Online Store, including the Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity risks. In the latter two cases referred to in the preceding sentence, the amendments shall be introduced with immediate effect, unless it is possible or necessary to apply a longer period for introducing the amendments, of which the Service Provider shall give notice in each case.
In the case of contracts of a continuous nature (e.g. the provision of the Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the expiry of the notice period for the proposed amendments. Such termination shall take effect within 15 days of the date of receipt of the notification. Where a contract of a continuous nature has been concluded, the amended Terms and Conditions shall be binding on the Service Recipient if he or she has been duly notified of the amendments, in accordance with the notice period preceding their introduction, and has not terminated the contract within that period. In addition, at any time after receiving the notification of the amendments, the Service Recipient may accept the amendments being introduced and thereby waive the remainder of the notice period. Where a contract of a nature other than a continuous contract has been concluded, amendments to the Terms and Conditions shall not in any way affect the rights acquired by the Service Recipient before the date on which the amendments to the Terms and Conditions enter into force; in particular, amendments to the Terms and Conditions shall not affect Orders that are being placed or have already been placed, or Sales Agreements that have been concluded, are being performed or have been performed.
Should an amendment to the Terms and Conditions result in the introduction of any new fees or an increase in existing fees, the consumer has the right to withdraw from the contract.

Matters not regulated in these Terms and Conditions shall be governed by the generally applicable provisions of Polish law, in particular: the Civil Code; the Polish Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws Dz.U. 2002 nr 144, poz. 1204, as amended); the Act on Consumer Rights; and other relevant provisions of generally applicable law.

SAMPLE WITHDRAWAL FORM
(ANNEX NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)

Sample withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

– Addressee:

MIUM MASH DAMIAN TOMZIK
Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska
miummash.com
shop@miummash.com

– I/We(*) hereby give notice of my/our(*) withdrawal from the contract of sale of the following goods(*) the contract for the supply of the following goods(*) the contract for specific work consisting in the making of the following goods(*)/for the provision of the following service(*)

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

– Name of consumer(s)

– Address of consumer(s)

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

– Date

(*) Delete as appropriate.