Terms & conditions

 

1 INTRODUCTION

1.1 The online shop "Misimi" (www.misimi.pl), is owned by “Joanna Dobosz MISIMI”, registered in Poznań at Krauthofera 18/48, 60-203 Poznan, entered into the National Office Business Register under No. 302276642 (REGON), tax identification No. PL779-227-44-25.

1.2 The Terms of use set out the terms and conditions of use of the online shop www.misimi.pl.

1.3 Acceptance of the Terms of use by the Customer is a requisite of placing a Purchase Order with the online shop www.misimi.pl.

2 DEFINITIONS AND INTERPRETATION

2.1 All capitalized terms represent the following:

2.1.1 The "Buyer" is the User purchasing Item(s) in the Shop 
2.1.2 The "Courier” a professional entity providing shipping services, such as e.g. DPD, UPC or DHL, the Seller co-operates with to deliver the Item(s) to the Customers
2.1.3 The "Discount Code” is a combination of numbers, letters or other symbols to be entered by the Customer in the appropriate field in order to be granted a discount for a purchase.
2.1.4 The "Item” is any product offered for sale by the Seller in the Shop
2.1.5 The "Post” refers to shipping via Poczta Polska S.A., registered in Warsaw
2.1.6 The "Profile” is the User Profile of a specific customer that facilitates the placing and processing of the Purchase Order(s), which includes the personal data of the Customer and information on orders previously placed in the Shop
2.1.7 The "Sales Agreement” is the agreement concluded through out the Shop between the Seller and the Customer on terms and conditions set out in the Terms of Use and the Purchase Order
2.1.8 The "Seller” is represented by owner Joanna Dobosz MISIMI, with its registered office in Poznan at Krauthofera 18/48, 60-203 Poznań, National Office Business Register under No. 302276642 (REGON), tax identification No. PL779-227-44-25;

2.1.9 The "Shipping Company” refers to the Post or Courier, depending on the shipping option chosen by the Customer;

2.1.10 "Shipping fees” are the costs of shipping the Item(s) to the Customer in accordance with the shipping option chosen by the Customer in the course of confirming and processing the payment, reflected in the Order summary
2.1.11 The "Shop” is the internet website available on www.misimi.pl, where the Seller proceeds with the sale of Items and Users can purchase the Items
2.1.12 The "Purchase Order” is the Customer’s acceptance of the offer of sale of selected Item(s) offered for sale in the Shop
2.1.13 The "PurchasePrice” the total gross amount (i.e. including VAT) which is determined by the Seller for Item(s) in the Shop
2.1.14 The "Terms of Use” refer to these terms of use for visitors of the website misimi.pl
2.1.15 The "User” is any person visiting the website www.misimi.pl  including Customers placing Purchase Orders

2.2 Each time the expression “in particular”, “including” or other similar expression is used in the Terms of Use, it indicates that the list following such an expression presents examples that are not necessarily conclusive and may be expanded

3 PLACING AND PROCESSING OF PUCHASE ORDERS

3.1 Purchase Orders can be placed in the Shop www.misimi.pl seven days a week 24 hours per day. Purchase Orders are processed (prepared and shipped) on business days only.

3.2 The Customer places the Purchase Order after having provided the personal data required for the processing of the Purchase Order and by clicking the “Order” button or “Order and Pay” button (or other similar button on the Shop’s website).

3.3 The completion of a Purchase Order on the www.misimi.pl is equivalent to entering into a Sales Agreement on the basis of which the Seller is obliged to transfer to the Customer the ownership rights to an Item and to ship such an Item to the Customer, and the Customer is obliged to pay the Purchase Price to the Seller and to accept the delivery of the Item(s).

3.4 After the Purchase Order is placed, the Customer will receive an automatic message confirming that the Purchase Order was effectively placed at the email address provided upon registration. Such message will include information detailing the Purchase Order, comprising a list of Item(s) ordered.

3.5 The Seller will inform the Customer by email that the Purchase Order is in processing, which means – in the case of pre-payment – that the Seller’s bank account was dully credited. Subsequently, the Seller will inform the Customer by email that the ordered Item(s) has/have been handed-over to the Shipping Company to be delivered to the Customer.

3.6 The Customer is entitled to amend the Purchase Order as regards the model, size or quantity of ordered Item(s) up until the moment Customer has received the e-mail informing that the Item(s) have been shipped. For this purpose the Customer shall send an email to the following email address: biuro@misimi.pl or contact the Shop on the phone number  +48 601 688 904. The email message should include the Purchase Order number. After the Purchase Order has been amended, the Customer will receive an email confirmation of the change.

3.7 If the completion of a Purchase Order is rendered impossible, the Seller shall immediately inform the Customers thereof:

3.7.1 If the completion of a Purchase Order is irrevocably impossible, the Seller shall send an email declaration to the Customer regarding the withdrawal from the Sale Agreement no later than within 7 days of the placement of the Purchase Order by the Customer. In such an event the Seller shall immediately reimburse the full amount of the Purchase Price and the Shipping Fees to the Customer to the bank account provided by the Customer.

3.7.2 If the completion of a Purchase Order is temporarily impossible, the Seller shall inform the Customer thereof by email and propose new shipment date. If the new shipment date is not accepted by the Customer, the Customer will be entitled to withdraw from the Sales Agreement within 7 days of the receipt of the Seller’s email. In such an event, the Seller shall immediately reimburse to the Customer the full amount of the Purchase Price and the Shipping Fees to the bank account provided by the Customer.

3.8 A limited selection of Items is designated for promotional sales. Therefore, the realization of the Purchase Order will occur in accordance with the Purchase Order placement dates, and the promotional sale will end as soon as the Items designated for promotional sale are out of stock.

4 PAYMENT OPTIONS AND DELIVERY

4.1 The Customer has the right to choose between the following payment options:

4.1.1 Pre-payment into the Seller's bank account via regular bank transfer, credit card payment (credit card transactions are conducted through PayPal )

4.2 If a payment for a Purchase Order is not credited to the Shop’s bank account within 14 business days of the receipt of the confirmation email referred to in Clause 3.4 hereof, the Purchase Order will be cancelled, and the Sale Agreement will be terminated.

4.3 The Customer has the right to select the method of shipping - by Courier or Post

4.4 The Customer is obligated to cover the cost of Shipping. Shipping Fees are provided in the summary of the Purchase Order, which is approved by the Customer upon confirmation of the order.

4.5 The ordered Items will be transferred to the Shipping Company within 5-7 business days of the date on which the Seller’s bank account was credited with the pre-payment. 

4.6 Each parcel shall include a proof of purchase in the form of a receipt or invoice send by e-mail. An invoice will be issued only if all required data are set out in the Purchase Order form and the Customer indicated in the “comments” field that he or she wishes to receive an invoice.

5 EXCHANGES

5.1 The customer reserves the right to exchange an Item that does not meet his or her expectations for another Item within 14 days, counting from delivered date.

5.2 In order to make an exchange of an Item the Customer must contact the Seller by email at the address biuro@misimi.pl or by telephone and ship the Item back to the Seller at the Customer's own cost.

5.3 The Item for exchange will be replaced by another Item selected by the Customer and shipped to the address provided by the Customer. The Seller will cover the cost of shipping the replacement Item.

5.4 The Item for exchange should not show any signs of use or damage. Used or damaged items will not be exchanged and the Item will be returned to the Customer at the Customer's own cost.

6 THE RIGHT TO WITHDRAW FROM THE SALES AGREEMENT

6.1 The Customer has the right as a consumer to withdraw from the Sales Agreement (for all or some of the Items covered by such an Agreement) concluded via long-distance communication with the Seller within 14 days of shipping the Item, pursuant to the terms of the Act on Protection of Certain Consumer Rights and on the Liability for Damage Caused by Hazardous Products of 30 May 2014 (Poland, Journal of Laws No. 22, item 271, as amended).

6.2 The declaration of withdrawal from the Sales Agreement should be declared in writing or by email via biuro@misimi.pl Within 14 days of issuing such a declaration, the Customer should return the Item(s) in question to the company at the following address: MISIMI ul. Krauthofera 18/46, 60-203 Poznan

6.4 In the case of withdrawal from the Sales Agreement, the returned Item should not bear any signs of use or damage and it should be shipped to the Company with the original receipt or VAT invoice. All signs of use will result in a refusal to accept the return of the Item by the Seller.

6.5 Upon the successful withdrawal from the Sales Agreement, such an agreement is therefore considered void and each party's provisions should be reversed no later than 3 days of receipt of the declaration of withdrawal from the Sales Agreement by the Seller. The Seller will confirm the Customer of the return of the Item immediately after it has been received.

6.6 Upon the successful withdrawal from the Sales Agreement by the Customer, the Seller will return the full amount paid (Purchase Price, Shipping Cost and the documented cost of returning the item as evidenced by copy or scan of the shipping order) via the same method as the original payment or the bank account provided by the Customer.

6.7 In the case of Users who are not Customers placing Purchase Orders, the terms of withdrawal from the Sales Agreement detailed in Clause 6 hereof are not applicable.

7 CLAIMS

7.1 The Seller is accountable to the Customer for any discrepancies related to the Item purchased within the terms of the Sales Agreement according to the consumer rights under the terms of Article 221 of the Civil Code in the case that such discrepancies are declared within 2 years of the Item's delivery to the Customer, established in the Law on certain conditions of consumer sales and changes in the Civil Code of 27 July 2002 (Poland, Journal of Laws No. 141, item 1176, as amended).

7.2 The original receipt or VAT invoice (or other proof of purchase) should be included with the declaration of the Item's discrepancy with regard to the Sales Agreement and shipped to the Seller along with the Item in question. Can be also send by e-mail, if Customer got it only in that way.

7.3 Claims will be processed within 10 days of receipt of the Item in question by the Seller. The Customer will then be informed of the status of his or her claim.

7.4 In the case that the Customer's claim is accepted by the Seller, the Item will be repaired, replaced with an Item of the same value, refunded part of the purchase price or refunded the whole of the purchase price, according to the Customer's choice in withdrawing from the Sales Agreement, along with the shipping costs for both delivery of the product to the Customer and its return to the Seller. A refund for the Item claimed will be processed on the basis of a copy or scan of the document confirming the costs incurred by the Customer in returning the Item.

7.5 In the case a claim is not approved by the Seller, the Item will be returned to the Customer, along with a declaration of why the claim could not be processed successfully.

7.6 The Seller hereby informs Customers that laundering can result in shrinkage of Items by no more than 4%. Such shrinkage will not be considered as grounds for a claim.

8 REGISTRATION

8.1 Before the execution of the Sale Agreement the User may proceed with registration. Registration consist of filling in the registration form available on the websitewww.misimi.pl accepting the Terms of Use, clicking a button confirming the User’s will to create an account in the Shop. The communication of personal data during the registration process is voluntary, however failure to provide data in the fields marked "required" in the registration form will render registration impossible.

8.2 In order to proceed with registration it is necessary to create a password securing access to the Customer Profile. Such account should be provided in the registration form. The data forming part of the Profile will be accessible only to the Seller, the User and persons who were provided with the password by the User.

8.3 Registration shall in particular facilitate the purchase of the Items by eliminating the need to resubmit personal details with each subsequent Purchase Order. The personal data provided by the User at the registration process will be recorded, and for each subsequent Purchaser Order it will only be necessary to confirm that such data has not changed or to update this information if required. Additionally, registration give the customer access to discounts and promotional sales, in particular, it provides access to Discount Codes.

8.4 To delete a user profile please send an e-mail to the following address: biuro@misimi.pl in the subject line by typing: request to delete my account. The profile will be immediately deleted.

9 PERSONAL DATA PROTECTION

9.1 The administrator of personal data on the Misimi website is the Joanna Dobosz Misimi company, owned and represented by Joanna Dobosz, based in Poznan.

9.2 Acceptance of the rules and regulations by registering on the website is equivalent to the User's consent to making his or her personal data accessible to the company for processing, pursuant to the Act on Personal Data Protection of 29 August 1997 (Poland, Journal of Laws of 2002, No. 101, Item 926, as amended), for the purposes of fulfilling the Sale Agreement, shipping the item(s) ordered by the Customer and the processing of any claims or exchanges for items that potentially breach the Contract of Sale, as well as guarantees for such item(s), investigations related to monies owed and processing all related obligations designated by the Sale Agreement.

9.3 The User may also consent to the receipt of the Company's sales information, including promotional materials, via electronic delivery to the e-mail address provided by the User at registration. The User may also consent to the processing of data for marketing and research purposes (including market research and evaluation of customer preferences and tendencies) with the intention of using the results of this research to improve the services provided by the Company.

9.4 Users have the right to view their personal data, make changes and to request the deletion of all or part of the personal data acquired by the Company.

9.5 Users' personal data are protected under the Act on Personal Data Protection of 29 August 1997 (Poland, Journal of Laws of 2002, No. 101, Item 926, as amended) and will not be shared with any third parties.

10 COOKIE POLICY

10.1 The Company hereby informs its users of the collection of information via cookies in order to improve the functioning of its online shop.

10.2 Cookies files are data files, specifically text files, which are stored in the User's hardware (hardware used to access the online Shop). Cookies generally include the name of the website that they come from, the period of their storage on the hardware and a unique number.

10.3 Cookies files are used for the purposes of tailoring the content of the online shop's website to User preferences and to optimize usage of the website; in particular cookie files allow for the recognition of the User's hardware and optimize the display of the website tailored to the User's individual needs and preferences. Cookie files are also used to compile statistics, which allow the company to understand how Users navigate the website and use this information to improve the website's structure and content, as well as to maintain the User's session (after he or she has logged in) as to avoid the hindrance of resubmitting login data on each new subpage of the website.

10.4 In a number of instances the program displaying web content (web browser) allows for the storage of cookies files in the User's hardware by default. Users can adjust their cookies settings at any time. These settings can be adjusted to automatically block cookies access or to request permission at each instance cookies are activated via the browser settings. Detailed information on how to manage cookie files are available in the program settings of the web browser.

10.5 The company hereby informs its Users that limiting the access of cookie files may impact certain functions on the website. Cookie files stored in the User's hardware can also be used by advertisers and partners of the Misimi online shop.

10.6 A brief description of the cookie files used by the website and their purposes:

10.6.1 Cookies for the purposes of identification and authentication

The company operating the online shop www.misimi.pl makes use of cookies for the purpose of providing Users with access to their registered accounts on the website, identification of a User (given he or she has registered on the site or is already logged in). These cookies are requisite for the processing of a purchase in our shop. Without these cookies the shopping basket or electronic payment options cannot function. In the registration form we ask for the provision of name, surname, e-mail address, delivery address and telephone number. These data are acquired and stored solely for the purpose of selling the item(s) available for sale in the online shop and delivering these item(s). The main purpose of cookies is to facilitate usage of the website.

10.6.2 Cookies for the purposes of acquiring statistical data and navigation analysis

Google Analytics uses cookies to compile information on User tendencies on the website www.misimi.pl. This information is used to prepare reports and optimize the functionality of the online shop. These cookies compile anonymous information on the number of Users on the website and the subpages most frequently visited by Users.

10.7 Users can block the compilation of such information at any time by turning off the cookies option in their web browser settings. Limiting the access of cookie files may impact certain functions on the website.

10.8 By visiting the misimi.pl website, Users accept its Privacy Policy. If you have any questions regarding personal data protection or the terms of the Privacy Policy, please contact our company directly.

11 FINAL PROVISIONS

11.1 The Terms of Use enter into effect on 17 November 2015.

11.2 The Terms of Use are available at www.misimi.pl and as a hard copy at the Seller’s registered office at Krauthofera 18/48, 60-203 Poznan.

11.3 Each User with a Profile on www.misimi.pl will be informed of any anticipated changes to the Terms of Use by email in advance, no later than 14 days before such change is implemented. A User who disagrees with a change will have the possibility to delete his or her Profile. If a User does not removes the said Profile it is equivalent to the acceptance of the new wording of the Terms of Use, which are binding as of the final day of the 14-day period referred to above.

11.4 The relevant version of the Terms of Use shall apply to the date upon which the Sales Agreement was executed.

11.5 Any changes to the Seller’s data or contact details does not require applying the procedure set out in Section 11.3 above; however, the Seller will notify the Users of such changes.

11.6 The Terms of Use and the Sale Agreements are governed by the Polish law, and in particular by the relevant dispositions of the Civil Code and Act on Protection of Certain Consumer Rights and on the Liability for Damage Caused by Hazardous Products of 2 March 2000 (Journal of Laws of 2000, No. 22, item 271, as amended).