Regulations

Regulations of the online store

§1 General provisions

1. The Regulations specify the terms and conditions of using the millymally.pl online store.
2. The Milly Mally online store, available at the Internet address www.millymally.pl is operated by PM Investment Group Napert, Soszyński Spółka komandytowa registered in the Central Register of Business Activity and Information (CEIDG) maintained by the Minister of Economy, NIP 5322049517 REGON: 147423590 address Podkowy 18 , 04-937 Warsaw.
3. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and define the rules for the use of the Online Store and the principles and procedure for concluding Distance Sales Contracts with the Customer through the Store.

§2 Definitions

1. Consumer - a natural person concluding a contract with the Seller through the Store, the subject of which is not directly related to his/her business or professional activity.
2. Seller - a natural person conducting business under the name PM INVESTMENT GROUP Napert, Soszyński Spółka komandytowa, registered in the Central Register and Information on Business Activity (CEIDG) maintained by the Minister of Economy, NIP 5322049517 REGON 147423590.
3. Customer - any entity making purchases through the Store.
4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, who uses the Store.
5. Store - online store operated by the Seller at the Internet address www.millymally.pl.
6. Contract concluded at a distance - a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication up to and including the conclusion of the contract.
7. Rules and Regulations - these Rules and Regulations of the Online Store, referred to in Article 8 of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws 2002 No. 144, item 1204, as amended).
8. RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC;
9. Order - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
10. Account - Customer's account in the Store, it collects data provided by the Customer and information about Orders placed by him/her in the Store.
11. Registration form- a form available in the Store that allows you to create an Account.
12. Order form - an interactive form available in the Store that allows the Customer to place an Order, in particular by adding Products to the Basket and determining the terms of the Sales Agreement, including the method of delivery and payment.
13. Shopping Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the details of the Order, in particular the quantity of products.
14. Product - a movable item/service available in the Store that is the subject of a Sales Contract between the Customer and the Seller.
15. Sales Agreement - a contract of sale concluded or entered into between the Customer and the Seller of a Product within the meaning of the Act of April 23, 1964 - Civil Code (Journal of Laws of 2014, item 121, as amended), concluded through the Online Store in the Polish language. The Sales Agreement is also understood - applying to the characteristics of the Product - a contract for the provision of services and a contract for work.
16. Promotion - a strictly time-limited price discount on selected Products, which are the subject of the Sales Contract between the Customer and the Seller.
17. Newsletter - a service provided electronically by the Seller, which consists in enabling interested Buyers to automatically receive the most important information related to the Online Store to the e-mail address provided.
18. Proof of purchase - a VAT invoice or VAT invoice confirming the purchase of a Product.
19. Discount Coupon - A string of letter-digit characters, entitling to a reduction in the purchase price by the value assigned to the coupon.
20. Business days - these are days from Monday to Friday excluding public holidays.

§3 Contact with the Seller

1. Seller's address: 18 Podkowa Street, 04-937 Warsaw
2. Seller's warehouse address: Łukówiec 98, 05-480 Karczew
3. Seller's e-mail address: sklep@millymally.pl
4. Seller's phone number: +48 22 394 09 94
5. Seller's bank account number 79 1750 0009 0000 0000 3868 1109
6. The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.
7. The Customer may communicate with the Seller by telephone between 8 am and 4 pm.
8. The Seller provides a telephone number as the fastest form of contact.

§4 Technical requirements

1. In order to use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:

1.1 a computer with Internet access.

1.2 access to email,

1.3 web browser Internet Explorer version 11 or later, Firefox version 28.0 or later, or Chrome version 32 or later,

1.4 enable Cookies and Javascript in your web browser.

§5 Rules of using the Store

1. Use of the Store means any activity of the Customer that leads to his/her familiarization with the content contained on the Store's website.
2. The Customer is obliged to use the Store in a manner that is not onerous for other customers and the Seller.
3. The Client is obliged to use the Store in a manner consistent with the provisions of the laws in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.
4. The Client is obliged to use any content posted within the Online Store only for his/her own personal use.

§6 General information

1. To the fullest extent permitted by law, the Seller shall not be liable for any interference, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
2. Browsing the assortment of the Store does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 7 of the Rules and Regulations or by providing the necessary personal and address data to enable the processing of the Order without creating an Account.
3. Prices given in the Store are given in Polish zloty and are gross prices (including VAT).
4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the Store's pages when placing an Order, including at the moment of expressing the will to be bound by a Sales Contract.
5. In the case of a Contract involving subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the billing period.
6. When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate the amount of the final (definitive) price in advance, information about how the price will be calculated, as well as charges for transportation, delivery, postal services and other costs, will be provided in the Store in the Product description.
7. Whenever the price for a Product is reduced, near the information about the reduced price, the Seller shall make visible the information about the lowest price of the Product that was in effect during the period of 30 days before the introduction of the reduction.
8. If the Product is offered for a period of less than 30 days, the Seller shall make visible next to the information about the reduced price the information about the price of the Product that was in effect during the period from the date of offering of this Product until the date of introduction of the reduction.

§7 Creating an Account in the Store

1. In order to create an Account in the Store, it is necessary to fill in the Registration Form. It is necessary to provide the following data :

1. 1 E-mail address

1.2 Password (invented by the Customer)

2. Establishing an Account in the Store is free of charge.
3. Logging into the Account is done by providing the login and password established in the Registration Form.
4. The Customer has the opportunity to delete the Account at any time, without giving any reason and without incurring any fees for doing so, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses specified in §3.

§8 Principles of placing an Order

In order to place an Order, you need to:

1. Log in or use the option to place an Order without registration;
2. Select the Product that is the subject of the Order, and then click the "Add to cart" button (or equivalent);
3. If the option of placing an Order without registration has been selected - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
4. Click the "Order and pay" button (or equivalent);
5. Select one of the available payment methods and, depending on the payment method, pay the order within 3 Business Days. After this time, the order is canceled.
6. Through the Order form, Orders can be placed 24 hours, 7 days a week, and Orders placed by phone or email can be placed on Business Days from 8:00 am to 4:00 pm.
7. To place an order in the Store, you must confirm that you have read the Regulations and Privacy Policy (RODO), which is tantamount to accepting their contents.

§9 Delivery and payment methods offered

1. The customer can use the following payment methods:

1.1 Online payment through payment systems: PayU;

1.2 Cash on delivery, payment to the supplier when making delivery;

1.3 Payment by bank transfer to the Seller's account.

2. The customer can use the following delivery methods:

2.1 Courier delivery ;

2.2 Courier delivery by cash on delivery ;

2.3 Delivery to InPost Parcel Machine. This method applies only to products whose packaging dimensions correspond to the dimensions of InPost Parcel Machines boxes.

3. If there is a need for a refund for the transaction made by the customer, the seller will make a refund to the bank account assigned to the payment card of the ordering party within 14 days after receiving the return of the package.

§10 Execution of the Sales Contract

1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 8 of the Terms and Conditions.
2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client an appropriate e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3. If the Customer chooses:

3.1 Payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be cancelled.

3.2 Cash on delivery payments, the Customer is obliged to make payment on delivery.

4. If the Customer has chosen a method of delivery other than personal collection, the Product will be shipped by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
5. In case of ordering Products with different delivery dates, the delivery date shall be the longest date specified.
6. In case of ordering Products with different delivery dates, the Customer has the option to request delivery of the Products in parts, or delivery of all the Products after the entire order has been completed.
7. The beginning of the term of delivery of the Product to the Customer is calculated as follows:

7.1 If the Client chooses the method of payment by bank transfer, electronic payment, payment card or credit card - the order processing time is calculated from the moment the payment is credited to the Seller's account;

7.2 If the Customer chooses the cash on delivery payment method - from the date of conclusion of the Sales Agreement.

8. Delivery of the Product takes place exclusively in Poland.

§11 Right of withdrawal from the contract

1. The Buyer, who is a consumer within the meaning of Article 22(1) of the Act of April 23, 1964 - Civil Code (Journal of Laws of 2014, item 121, as amended), has the right to withdraw from the contract concluded remotely, without giving any reason, within 14 days from the date of receipt of the Product.
2. The running of the period specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
3. In the case of a Contract that involves multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
4. In the case of a Contract that involves the regular delivery of Products for a specified period of time (subscription), the period indicated in paragraph 1 runs from taking possession of the first item.
5. The consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send the statement before the deadline.

6. The statement may be sent by traditional mail, or electronically by sending the statement to the Seller's e-mail address, according to the Seller's contact details specified in § 3.
7. The statement can also be made on the form, the model of which is attached to the Law of May 30, 2014 on Consumer Rights, but it is not mandatory.
8. If the Consumer sends the statement electronically, the Seller will immediately send to the Consumer at the email address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
9. Effects of withdrawal from the Contract:

9.1 In the case of withdrawal from the Contract concluded at a distance, the Contract shall be deemed not concluded.

9.2 In the case of withdrawal from the Contract, the Seller shall return to the Consumer immediately, no later than within 14 days from 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 item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.

9.2 The Seller will refund the payment using the same payment methods used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for the Consumer.

9.3 The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.

10. The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
11. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product.
12. The Consumer shall be liable only for the diminution in the value of the Product resulting from using it in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product, for which the Seller shall have the right to deduct part of the funds from the amount returned to the Buyer.
13. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer with respect to the Contract:

13.1 In which the subject of the performance is a non-refabricated thing produced according to the Consumer's specifications or serving to meet his individualized needs,

13.2 In which the subject of performance is an item delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery,

13.3 In which the subject of the service is an item that is perishable or has a short shelf life,

13.4 In which the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the Seller's performance, he will lose the right to withdraw from the Contract,

13.5 In which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the Contract,

13.6 In which the subject of performance are things which, after delivery, by their nature, are inseparably combined with other things.

§12 Complaint and warranty

1. The Products offered in the Online Store are new and covered by a warranty, which is granted by the Manufacturer and/or Distributor and/or Seller, this information is provided to the Buyer in the instruction manual of the device and/or warranty card and/or by e-mail to the Buyer's e-mail address.
2. The warranty period granted for each Product sold is 1 year. This information is communicated to the Buyer in the manual of the device and/or the warranty card and/or by email to the Buyer's email address.
3. Details of the warranty procedure can be found on the warranty card attached to the Product or on theComplaints tab .

1. The warranty does not exclude, limit or suspend the Buyer's rights under the Seller's liability for physical and legal defects of the Product to the extent specified in the Act of April 23, 1964 - Civil Code (Journal of Laws of 2014, item 121 as amended).
2. The Seller recommends checking the shipment in the presence of the courier. Failure to check the shipment does not stop a possible complaint, although if such verification is made, the complaint procedure will be significantly improved.
3. The above does not apply to the entrepreneur, within the meaning of Article 43 (1) of the Act of April 23, 1964 - Civil Code (Journal of Laws of 2014, item 121 as amended), who is obliged to check the shipment in the presence of the courier.
4. If the Product is found to have a defect, the Buyer is obliged to inform the Seller as soon as possible.
5. The complaint should be reported in accordance with the instructions contained in theComplaints tab .
6. If the data or information provided in the complaint needs to be supplemented, the Seller will ask the complainant to supplement it in the indicated scope before considering the complaint.
7. The Seller undertakes to respond to the complaint submitted by the Buyer within 14 days. Lack of response from the Seller after the expiration of the period indicated in the preceding sentence results in recognition of the complaint as justified.
8. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions of the warranty on the principles set forth in Articles 556 - 576 of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty
9. Slight differences in appearance resulting from individual settings of the Buyer's computer - especially the monitor - cannot be the basis for a complaint about the purchased Product.
10. Complaints can be submitted by email serwis@pminvestment.pl
11. Detailed information about the possibility of using out-of-court procedures for handling complaints and pursuing claims by the Consumer, as well as rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
12. The consumer has the following examples of out-of-court complaint and redress procedures:

15.1 The Consumer is entitled to apply to a permanent amicable consumer court, as referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), to resolve a dispute arising from the Agreement concluded with the Seller.

15.2 The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.

15.3 The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).

§13 Personal data in the Online Store

1. The administrator of Customers' personal data collected through the Online Store is the Seller.
2. Customers' personal data collected by the administrator via the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees to it by signing up for the Newsletter - also for marketing purposes.
3. Recipients of the Store's Customers' personal data may be:

3.1 In case of a Customer who uses the method of delivery by mail or courier, the Administrator shall make available the collected personal data of the Customer to the selected carrier or intermediary performing the shipment on behalf of the Administrator.

3.2 In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the above payments in the Online Store.

4. The Customer has the right to access the content of his/her data and to correct them.
5. Provision of personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement will result in the inability to conclude such an agreement.

§14 Final provisions

1. Contracts concluded through the Online Store are concluded in the Polish language.
2. The Seller reserves the right to make changes to these Terms and Conditions for important reasons, i.e.: changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
3. Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Law on Providing Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.
4. The customer has the right to use out-of-court ways of handling complaints and claims. For this purpose, he can file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.