Terms and Conditions of the Online Store MILSENDESIGN.COM

 

Regulations of the milsen.pl online store

/ version effective as of 31.01.2025r.

TABLE OF CONTENTS:

1. GENERAL TERMS AND CONDITIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS OF SALE AGREEMENT
4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
5. COST, METHODS, AND DELIVERY TIME
6. COMPLAINT HANDLING PROCEDURE
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS THE PRINCIPLES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS REGARDING ENTREPRENEURS
10. REVIEWS OF PRODUCTS
11. ILLEGAL CONTENT AND OTHER CONTENT IN VIOLATION OF THE TERMS AND CONDITIONS
12. FINAL PROVISIONS
13. FORM OF WITHDRAWAL FROM THE CONTRACT

1. GENERAL TERMS AND CONDITIONS
   1. The online store available at the website www.milsendesign.com is operated by HERMANOS MK LIMITED LIABILITY COMPANY, based in Warsaw (registered office and correspondence address: Grzybowska 87, 00-844 Warsaw); entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000783404; the registry court where the company’s documentation is kept: District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register; share capital of: 10,000.00 PLN; NIP: 5272891323; REGON: 383180784, email address: hello@milsendesign.com, and contact phone number: +48 884 760 022.
   2. This Terms and Conditions apply both to consumers and entrepreneurs using the Online Store, unless a specific provision of the Terms and Conditions states otherwise.
   3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy primarily contains the principles regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of processing personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing 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 the contract and statutory obligations of the Seller).
   4. Definitions:
      1. DIGITAL SERVICES ACT, ACT – regulation
         (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1-102).
      2. CHAT – Electronic Service, an interactive form available in the Online Store enabling direct contact with the Service Provider.
      3. WORKING DAY – one day from Monday to Friday, excluding public holidays.
      4. CONTACT FORM – an Electronic Service, an interactive form available in the Online Store that allows direct contact with the Service Provider.
      5. REGISTRATION FORM – a form available in the Online Store that enables the creation of an Account.
      6. ORDER FORM – an Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic cart and specifying the terms of the Sales Agreement, including the delivery method and payment.
      7. CLIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law – who has concluded or intends to conclude a Sales Agreement with the Seller.
      8. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
      9. ACCOUNT – an Electronic Service, a collection of resources in the Service Provider’s ICT system identified by an individual name (login) and password provided by the Service Recipient, where the data provided by the Service Recipient and information about their Orders placed in the Online Store are stored.
      10. NEWSLETTER – an Electronic Service, a distribution service provided electronically by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive periodic editions of the newsletter from the Service Provider, containing information about Products, news, and promotions in the Online Store.
      11. ILLEGAL CONTENT – information that, in itself or by reference to an action, 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 that is in accordance with European Union law, regardless of the specific subject or nature of such law.
      12. PRODUCT – (1) a movable item (including a movable item with digital elements, i.e., containing digital content or a digital service or connected to them in such a way that the absence of the digital content or digital service would prevent its proper functioning) that is the subject of a Sales Agreement between the Customer and the Seller.
      13. REGULATIONS – these regulations of the Online Store.
      14. ONLINE STORE – the online store of the Service Provider available at: www.milsendesign.com.
      15. PROVIDER– HERMANOS MK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (registered office address and delivery address: ul. Grzybowska
          87, 00-844 Warsaw,); entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000783404;
          registry court where the company documentation is kept: District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; share capital in the amount of: PLN 10,000.00; NIP: 5272891323; REGON:
          383180784, e-mail address: hello@milsendesign.com and contact telephone number: 884-760-022.
      16. SALES AGREEMENT – (1) a sales agreement for the Product (in
          with digital elements), (2) a Product delivery agreement (in the case of digital content or a digital service), (3) a Product provision or use agreement (in the case of a non-digital service and other Products) concluded or entered into between the Customer and the Seller via the Online Store.
      17. ELECTRONIC SERVICE – a service provided by electronic means
          electronically by the Service Provider to the Service Recipient via the Online Store and not being a Product.
      18. SERVICE RECIPIENT – (1) a natural person with full
          legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity
          –using or intending to use the Electronic Service.
      19. CONSUMER RIGHTS ACT – Act of 30
          May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended)
          
          
      20. ORDER – declaration of will of the Customer submitted via
          using the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.

 

2. ELECTRONIC SERVICES IN THE ONLINE STORE

1. The following Electronic Services are available in the Online Store: Chat, Contact Form, Order Form, Account and Newsletter.
   1. Chat – using the Chat is possible after completing the following steps:
      three consecutive steps by the Service Recipient – (1) clicking the field showing the message bubble, (2) entering the message content; and (3) clicking the action field on the keyboard.
      1. The Electronic Chat Service is provided free of charge and is of a one-off nature and ends when the Service Recipient and the Service Provider end the conversation via it or when the Service Recipient or the Service Provider stops submitting an inquiry via it.
   2. The Contact Form is initiated after the Service Recipient completes two consecutive steps – (1) going to the “Contact” tab and (2) clicking on the “Send” field on the Online Store’s Contact page. The Service Recipient provides the following data: name and surname, e-mail address, message subject and entering the content of the inquiry.
      1. The Electronic Service Contact Form is provided free of charge and is of a one-off nature and ends when a message is sent via it or when the Service Recipient ceases to use it earlier.
   3. Order Form – using the Order Form
      starts when the Customer adds the first Product to the electronic basket in the Online Store.
      The Order is placed after the Customer completes two consecutive steps – (1) after filling out the Order Form and (2) clicking on the “BUY AND PAY” field on the Online Store website after filling out the Order Form –
      until then, it is possible to modify the entered data independently (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: e-mail address, first name, last name, address (country, street name and building/premises number, postal code, city), contact telephone number and 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 possible to provide the company name and Tax Identification Number.
      1. The Electronic Order Form Service is provided free of charge and is of a one-off nature and is terminated by placing an order via it or when the Service User stops placing an Order via it.
   4. Account – the Account can be used after completing all of the following:
      two subsequent steps by the Service Recipient – (1) filling in the Registration Form, (2) clicking the “Register” field. In the Registration Form, the Service Recipient must provide the following Service Recipient data: e-mail address and password. An account can also be created by checking the appropriate checkbox when placing an Order in the Order Form – when the Order is placed, an Account is created for the Service Recipient.
      1. 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 via e-mail to the address: hello@milsendesign.com or in writing to the address:
         Grzybowska 84, 00-844 Warsaw.
   5. Newsletter – korzystanie z Newslettera możliwe jest poprzez – (1) podanie w formularzu na stronie domowej Sklepu Internetowego w polu „Newsletter” imię i nazwisko oraz adresu poczty elektronicznej i kliknięciu pola „SEND” – z chwilą kliknięcia pola „SEND”  Usługobiorca zostaje zapisany na Newsletter, (2) podanie w okienku „POP-UP” pojawiającego się na ekranie Usługobiorcy adresu poczty elektronicznej i kliknięciu pola „Submit” z chwilą kliknięcia pola „Submit” Usługobiorca zostaje zapisany na Newsletter.
      1. The Electronic Newsletter 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) through the Service Provider, in particular via e-mail to the address: hello@milsendesign.com or in writing to the address: ul. Grzybowska 84, 00-844 Warsaw.
2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser in the current version: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling Cookies and Javascript support in your web browser
3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good customs, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the factual state. The Service Recipient is prohibited from providing content of an unlawful nature, including Illegal Content.
4. The complaints procedure regarding Electronic Services is indicated in point 6 of the Regulations.

 

3. CONDITIONS OF CONCLUDING A SALES AGREEMENT

1. The 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 point 2.1.3. of the Regulations.
2. The price of the Product or fees for the product displayed on the Online Store website is given – in accordance with the information – in: carriers [$] (USD) euro [€] (EUR) pounds sterling [£] (GBP) or Polish zloty (PLN) and includes taxes. The total price or remuneration with taxes, and when the product does not allow, reasonably advising, on early termination of the amount – as one determines, as well as on the delivery costs (including transport, payment or postal fees) and other costs, and when it is impossible to send the amount of these fees – on leaving them ui, the Customer is informed on the Online Store website, including during transmission and at the time of notification by the customer with delivery to the Sales Agreement. In the case of a Product sales agreement concluded for an indefinite period or a specified pre-numbering, the Seller provides in the same way the total price or remuneration for all payments for the billing period, and when the sales agreement is specified rate – also the total monthly payments.
3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
   1. The 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 point 2.1.3. of the Regulations.
   2. After placing the Order, the Seller shall immediately confirm
      its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Seller to 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 declarations about receiving the Order and its acceptance for execution and confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement is concluded between the Customer and the Seller.
4. The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by means of (1) making these Regulations available on the website of the Online Store and (2) sending the Customer an e-mail message referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement shall be additionally recorded and secured in the IT system of the Seller’s Online Store.

 

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

1. The Seller provides the Customer with the following methods of payment under the Sales Agreement:
   1. Payment by transfer to the Seller’s bank account.
   2. Payment via PayPal and Przelewy24.pl – current possible payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website https://www.paypal.com/pl or https://www.przelewy24.pl/.
      1. Settlement of transactions with electronic payments and payment cards is carried out in accordance with the Customer’s choice. Electronic and payment card payments are handled by:
         1. PayPal – 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.
         2. PAYPRO SPÓŁKA AKCYJNA with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered into 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 5,476,300.00, fully paid up, NIP (Taxpayer’s Identification Number): 7792369887, REGON (National Business Registry Number): 301345068. The company has a permit to conduct business as a payment institution and is subject to supervision by the Polish Financial Supervision Authority (license number IP24/2014).
            1. Payment method available only in the territory of the Republic of Poland.
   3. Deferred payment.
      1. Payment is made in whole or in part from a credit facility provided by Sign in With Klarna – Klarna Bank AB, company registration number: 556737-0431, registered office address: Sveavägen 46, 111 34 Stockholm, Sweden.
2. Maturity:
   1. If the Customer chooses payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.

 

5. COST, METHODS AND DELIVERY TIME OF THE PRODUCT

1. Product delivery is available within the territory of the Republic of Poland and abroad.
2. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the information tab regarding delivery costs and during the placement of the Order, including when the Customer expresses their will to be bound by the Sales Agreement.
3. The Seller provides the Customer with the following methods of delivery of the Product:
   1. Postal delivery.
   2. Courier delivery.
   3. Parcel locker shipment (collection at collection point).
      1. Delivery method available only in the territory of the Republic of Poland
   4. Pallet shipment.
4. Delivery date of the Product to the Customer in the territory of the Republic of Poland is up to 14 Business Days, unless a shorter period is given in the description of a given Product or when placing an Order. In the case of Products with different delivery times, the delivery date is the longest given period, which, however, cannot exceed 14 Business Days. The beginning of the delivery period of the Product to the Customer is counted as follows:
   1. If the Customer chooses to pay by bank transfer,
      electronic payments or by payment card – from the date of crediting the Seller’s bank account or settlement account.
   2. If the Customer chooses a payment method in the system
      deferred – from the date of notification to the Seller by the lender about concluding a credit agreement with the Customer, but no later than from the date of crediting the Seller’s bank account with the funds from the credit granted to the Customer.
5. Delivery date of the Product to the Customer in the territory of the Republic of Poland is up to 14 Business Days, unless a shorter period is given in the description of a given Product or when placing an Order. In the case of Products with different delivery times, the delivery date is the longest given period, which, however, cannot exceed 14 Business Days. The beginning of the delivery period of the Product to the Customer is counted as follows:
   1. If the Customer chooses to pay by bank transfer,
      electronic payments or by payment card – from the date of crediting the Seller’s bank account or settlement account.
   2. If the Customer chooses a payment method in the system
      deferred – from the date of notification to the Seller by the lender about concluding a credit agreement with the Customer, but no later than from the date of crediting the Seller’s bank account with the funds from the credit granted to the Customer.

 

6. COMPLAINT HANDLING PROCEDURE

1. This point 6 of the Regulations specifies the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
2. A complaint may be filed, for example:
   1. in writing to the following address: ul. Grzybowska 87, 00-844 Warsaw;
   2. in electronic form via e-mailw formie elektronicznej za pośrednictwem poczty elektronicznej na adres: hello@milsendesign.com.
3. The Product may be sent or returned under the complaint to the following address: ul. Kleczewska 41, 62-510 Konin.
4. It is recommended to include in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity or lack of compliance with the contract; (2) a request for a method of achieving compliance with the contract or a declaration of a price reduction or withdrawal from the contract or another claim; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the processing of the complaint. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints submitted omitting the recommended complaint description.
5. If the contact details provided by the complainant change during the complaint consideration process, he or she is obliged to notify the Seller thereof.
6. The complainant may attach evidence (e.g. photos, documents or the Product) related to the subject of the complaint to the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and speed up the Seller’s consideration of the complaint.
   
   
7. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
8. The basis and scope of the Seller’s statutory liability are specified by generally applicable legal provisions, in particular in the Civil Code, the Consumer Rights Act and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended). Below is additional information on the Seller’s liability provided for by law for the compliance of the Product with the Sales Agreement:
   1. In the event of a complaint regarding a Product – a movable item –
      purchased by the Customer under the Sales Agreement concluded with the Seller by 31 December 2022 are determined by the provisions of the Civil Code in the wording applicable until
      December 31, 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 sold Product has a physical or legal defect (warranty).
      In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product purchased in accordance with the previous sentence towards a Customer who is not a consumer is excluded.
   2. 6.8.2. In the event of a complaint regarding a Product – a movable item (including
      movable item with digital elements), excluding
      However, a movable item that serves solely as a carrier of digital content – purchased by the Customer under the Sales Agreement concluded with the Seller from 1 January 2023 is specified in the provisions of the Consumer Rights Act in the wording applicable from 1 January 2023, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions specify the Seller’s liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
9. In addition to statutory liability, a guarantee may be granted for the Product – this is a contractual (additional) liability and can be used when the Product is covered by a guarantee. The guarantee may be granted by an entity other than the Seller (e.g. the manufacturer or distributor). Detailed terms and conditions regarding liability under the guarantee, including the data of the entity responsible for the implementation of the guarantee and the entity authorized to use it, are available in the description of the guarantee, e.g. in the guarantee card or in another place concerning the granting of the guarantee. The Seller indicates that in the absence of the Product’s compliance with the contract, the Customer is entitled by law to legal remedies from and at the Seller’s expense and that the warranty does not affect these legal remedies.
   
   
10. The provisions regarding the consumer contained in point 6.8.2 of the Regulations also apply to the Client who is a natural person concluding a contract directly related to his/her business activity, when it results from the content of this contract that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available under the provisions on the Central Register and Information on Business Activity.

 

7. OUT-OF-COURT COMPLAINT AND INVESTIGATION METHODS CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

1. Methods of resolving disputes out of court include, among others, (1) enabling the parties to converge, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing its solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for the 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 involved in the amicable resolution of disputes are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
2. The President of the Office of Competition and Consumer Protection has a contact point whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone – by calling 22 55 60 332 or 22 55 60 333;
   (2) by e-mail – by sending a message to the following address: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
3. The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims: (1) an application for the resolution of a dispute to a permanent consumer arbitration court; (2) an application for out-of-court resolution of a dispute to the provincial inspector of the Inspection; or (3) assistance from the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (hotline open on Business Days, from 8:00 to 18:00, connection fee according to the operator’s tariff).

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring any costs, except for the costs specified in point 8.7 of the Regulations. To meet the deadline, it is sufficient to send a statement before it expires. A statement of withdrawal from the contract may be submitted, for example:
   1. in writing to the following address: ul. Grzybowska 87, 00-844 Warsaw;
   2. in electronic form via e-mail w formie elektronicznej za pośrednictwem poczty elektronicznej na adres: hello@milsendesign.com.
2. The return of the Product – movable items (including movable items with digital elements) under the withdrawal from the contract may be made to the following address: ul. Kleczewska 41, 62-510 Konin
3. An example of a withdrawal form template is included in Annex 2 to the Consumer Rights Act and is additionally available in point 13 of the Regulations. The consumer may use the template form, but it is not obligatory.
4. The deadline for withdrawal from the contract begins:
   1. for a contract under which the Seller delivers the Product,
      being obliged to transfer its ownership – from the moment the consumer or a third party indicated by him other than the carrier takes possession of the Product, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession or (2) consists in regular delivery of Products for a specified period of time – from the moment of taking possession of the first Product;
   2. for other contracts – from the date of conclusion of the contract.
5. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
6. Products – movable items, including movable items with digital elements:
   1. The Seller is obliged to immediately, no later than
      within 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product – a movable item, including a movable item with digital elements (except for the additional costs of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall return the payment using the same payment method that the consumer used, unless the consumer has expressly agreed to another method of return that does not involve any costs for him.
      In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or the consumer provides proof of sending it back, depending on which event occurs first.
   2. In the case of Products – movable items (including items
      movable with digital elements) – the consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry.
   3. The consumer is liable for any diminished value
      Product – a movable item (including a movable item with digital elements) – resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
7. Possible costs related to the consumer’s withdrawal from the contract that the consumer is obliged to bear:
   1. In the case of Products – movable items (including items
      movable items 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 the additional costs incurred by the consumer.
   2. In the case of Products – movable items (including items
      movable products with digital elements) – the consumer bears the direct costs of returning the Product.
   3. In the case of a Product – a service, the performance of which – on the express
      consumer request – started before the deadline for withdrawal from the contract expires, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided up to the time of withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:
   1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has provided the service, the consumer will lose the right to withdraw from the contract, and has acknowledged this; (2) 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 deadline for withdrawal from the contract expires; (3) in which the subject of the provision is a Product – a movable item (including a movable item with digital elements) – not prefabricated, manufactured according to the consumer’s specifications or intended to meet their individual needs; (4) in which the subject of the provision is a Product – a movable item (including a movable item with digital elements) – subject to rapid deterioration or having a short shelf life; (5) where the subject of the provision is a Product – a movable item (including a movable item with digital elements) – delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (6) where the subject of the provision is Products – movable items (including movable items with digital elements) – which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) where the subject of the provision is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) where the consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products – movable items (including movable items with digital elements) – other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded at public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of provision of the service; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller had fulfilled the provision, the consumer would lose the right to withdraw from the contract, and the Seller had acknowledged this, and the Seller had provided the consumer with the confirmation referred to in Article 15, paragraphs 1 and 2 or Article 21, paragraph 1 of the Consumer Rights Act; (14) for the provision of services, for which the consumer is obliged to pay the price, in the case of which the consumer had expressly requested the Seller to come to him for the purpose of repair, and the service had already been fully performed with the express and prior consent of the consumer.
9. The provisions contained in this point 8 of the Regulations concerning the consumer shall also apply to contracts concluded from 1 January 2021, also to the Service Recipient or Customer who is a natural person concluding a contract directly related to his/her business activity, when it results from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.

 

9. PROVISIONS RELATING TO ENTREPRENEURS

1. This point 9 of the Regulations and all provisions contained therein are addressed to and thus bind only the Client or Service Recipient who is not a consumer, and from 1 January 2021 and for agreements concluded from that date, who is also not a natural person concluding an agreement directly related to his or her business activity, when the content of this agreement indicates that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by him or her, made available under the provisions on the Central Register and Information on Business Activity.
2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
3. The Seller’s liability under the warranty for the Product or for the lack of conformity of the Product with the Sales Agreement is excluded.
   
   
4. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending an appropriate declaration to the Service Recipient.
   The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total
   – up to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude the Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits. The Seller shall also not be liable for delays in the transport of the shipment.
   Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.Sprzedawcy przysługuje prawo odstąpienia od Umowy Sprzedaży w terminie 14 dni kalendarzowych od dnia jej zawarcia. Odstąpienie od Umowy Sprzedaży w tym wypadku może nastąpić bez podania przyczyny i nie rodzi po stronie Klienta żadnych roszczeń w stosunku do Sprzedawcy.
5. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
6. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending an appropriate declaration to the Service Recipient.
7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total
   – up to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude the Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits. The Seller shall also not be liable for delays in the transport of the shipment.
8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

 

10. PRODUCT REVIEWS

1. The Seller enables its Customers to post and access opinions about the Products and the Online Store on the principles specified in this point of the Regulations.
2. The Customer may submit an opinion by using the form that allows adding an opinion about
   Product or Online Store. This form may be made available directly on the Online Store website (including via an external widget) or may be made available via an individual link received by the Customer after purchase to the email address provided by him.
   When adding an opinion, the Service Recipient may also add a graphic rating or a photo of the Product – if such an option is available in the opinion form.
3. A Product Review can only be submitted for Products that have actually been purchased in the Online Store. Seller and by the Customer who purchased the reviewed Product. It is prohibited to conclude fictitious or apparent Sales Agreements in order to issue an opinion about the Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.
4. Adding opinions by Customers cannot be used for illegal activities, in particular for activities
   constituting an act of unfair competition, or actions violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Regulations and good customs.
5. Reviews can be shared directly on the Online Store’s website (e.g., under a specific Product) or on an external review platform that the Seller collaborates with and links to on the Online Store’s website (including via an external widget embedded on the Online Store’s site).
6. The seller ensures that the published reviews of products come from their customers who have purchased the given product. To verify that the reviews come from their customers, the seller takes the following actions:
   1. The publication of a review submitted through the form available directly on the online store’s website requires prior verification by the seller. The verification involves checking the compliance of the review with the terms and conditions, particularly verifying whether the reviewer is a customer of the online store. In this case, the seller checks whether the person has made a purchase in the online store and, in the case of a product review, additionally verifies whether the person has purchased the reviewed product. The verification takes place without unnecessary delay.
   2. The seller sends an individual link to their customers (including via an external review collection service they cooperate with) to the email address provided by the customer at the time of purchase – in this way, access to the review form is granted exclusively to the customer who made a purchase of the product in the online store.
   3. In case of doubts by the Seller or objections raised by other customers or third parties regarding whether a particular review comes from a customer or whether the customer purchased the product in question, the Seller reserves the right to contact the author of the review in order to clarify and confirm that they are indeed a customer of the online store or that they made a purchase of the reviewed product.
7. Any comments, appeals regarding the verification of reviews, or objections concerning whether a given review comes from a customer or whether a customer purchased a specific product can be submitted in accordance with the procedure for complaints outlined in section 6 of the Terms and Conditions.
8. The seller does not post or instruct others to post false customer reviews or recommendations, nor does the seller distort customer reviews or recommendations to promote their products. The seller provides both positive and negative reviews. The seller does not provide sponsored reviews.

 

11. ILLEGAL CONTENT AND OTHER CONTENT IN VIOLATION OF THE TERMS AND CONDITIONS

1. This section of the Regulations contains provisions arising from the Digital Services Act in the scope concerning Online Store and Service Provider. The Service Recipient is generally not obliged to provide content when using the Online Store, unless the Regulations require the provision of specific data (e.g. data for placing an Order). The Service Recipient may have the option to add an opinion or comment in the Online Store using the tools provided for this purpose by the Service Provider. In each case of content provision by the Service Recipient, he is obliged to comply with the principles contained in the Regulations.
2. CONTACT POINT – The Service Provider designates the email address hello@milsendesign.com as a single contact point. The contact point enables direct communication between the Service Provider and the authorities of the Member States, the European Commission, and the Digital Services Board. At the same time, it allows service recipients (including Users) to communicate directly, quickly, and conveniently with the Service Provider via 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.
3. Procedure for reporting Illegal Content and action pursuant to Article 16 of the Digital Services Act:
   1. Any person or entity may report to the Service Provider the presence of certain information that such person or entity considers to be Illegal Content by e-mailing hello@milsendesign.com.
   2. The report should be sufficiently precise and appropriately justified. To this end, the Service Provider enables and facilitates the submission of reports to the above-mentioned email address, containing all of the following elements:
      (1) a sufficiently justified explanation of the reasons why a given person or entity alleges that the reported information constitutes Illegal Content;
      (2) a clear indication of the exact electronic location of the information, such as the precise URL or URLs, and, where applicable, additional information enabling the identification of Illegal Content, depending on the type of content and the specific type of service;
      (3) the name and email address of the person or entity submitting the report, except for reports concerning information considered related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU; and
      (4) a statement confirming the good faith belief of the person or entity submitting the report that the information and allegations contained therein are accurate and complete.
      
   3. The report referred to above shall be deemed to constitute factual knowledge or information for the purposes of Article 6 of the Digital Services Act in respect of a Service Provider acting with due diligence to determine – without a detailed legal analysis – the illegal nature of the activity or information in question.
   4. If the report contains electronic contact details of the person or entity that made the report, the Service Provider shall, without undue delay, send such person or entity a confirmation of receipt of the report. The Service Provider shall also, without undue delay, notify such person or entity of its decision with respect to the information to which the report relates, providing information on the possibility of appealing the decision.
   5. The Service Provider shall consider all reports it receives under the mechanism referred to above and shall make decisions with respect to the information to which the reports relate, objectively and with due diligence. If the Service Provider uses automated means for such consideration or decision-making, it shall include information on this in the notification referred to in the previous point.
4. Information on the restrictions imposed by the Service Provider regarding the use of the Online Store, in relation to the information provided by the Service Recipients.
   1. The Service Recipient is subject to the following rules when providing any content within the Online Store:
      1. the obligation to use the Online Store, including posting content (e.g., in the form of reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with the law and good practices, while respecting personal rights as well as the copyrights and intellectual property rights of the Service Provider and third parties;
      2. the obligation to provide content that is accurate and not misleading;
      3. prohibition on providing unlawful content, including a ban on delivering Illegal Content;
      4. prohibition on sending unsolicited commercial information (spam) via the Online Store;
      5. prohibition on providing content that violates commonly accepted netiquette rules, including content that is vulgar or offensive;
      6. the obligation to have – if necessary – all required rights and permits to deliver such content on the Online Store’s pages, in particular copyright or required licenses, permits, and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Store, as well as the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties;
      7. the obligation to use the Online Store in a manner that does not pose a threat to the security of the Service Provider’s information system, the Online Store, or third parties;
   2. The Service Provider reserves the right to moderate content provided by Users on the Online Store’s website. Moderation is carried out in good faith and with due diligence, either at the initiative of the Service Provider or in response to a received report, with the aim of detecting, identifying, and removing Illegal Content or other content that is inconsistent with the Terms and Conditions, or to prevent access to such content, or to take necessary measures to comply with the requirements of European Union law and national law in accordance with European Union law, including the requirements specified in the Digital Services Act, as well as those contained in the Terms and Conditions.
   3. The moderation process may be carried out manually by a person or rely on automated or partially automated tools that help the Service Provider identify Illegal Content or other content that violates the Terms of Service. Once such content is identified, the Service Provider will decide whether to remove or restrict access to the content, limit its visibility, or take other actions deemed necessary (e.g., contacting the Service User to clarify objections and modify the content). The Service Provider will clearly and understandably inform the Service User who provided the content (if their contact details are available) of their decision, the reasons for it, and the available options for appealing the decision.
   4. In particular, the customer is obliged to:
5. Any comments, complaints, appeals, or objections regarding decisions or other actions or failures to act taken by the Service Provider based on the received notification or decisions made by the Service Provider in accordance with the provisions of these Terms and Conditions may be submitted in accordance with the complaint procedure outlined in point 6 of the Terms and Conditions. Using this procedure is free of charge and allows complaints to be submitted electronically to the provided email address. Utilizing the complaint submission and handling procedure does not affect the right of the individual or entity to initiate legal proceedings before a court and does not infringe upon their other rights.
6. The service provider shall address all comments, complaints, claims, appeals, or objections regarding decisions or other actions or inactions taken by the service provider based on the received notification or the decision made in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other submission provides sufficient grounds for the service provider to consider that its decision not to take action in response to the submission is unjustified, or that the information to which the complaint pertains is not illegal and does not violate the terms and conditions, or contains information indicating that the complainant’s action does not justify the measure taken, the service provider shall promptly revoke or modify its decision regarding the potential removal or blocking of access to the content or otherwise restricting its visibility or take other actions deemed necessary.
   
   
7. Service users, individuals or entities that have submitted reports of Illegal Content, to which the Service Provider’s decisions regarding Illegal Content or content inconsistent with the Terms and Conditions are addressed, have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of the Member State to resolve disputes concerning these decisions, including with regard to complaints that were not resolved within the Service Provider’s internal complaint handling system.

 

12. FINAL PROVISIONS

1. Agreements concluded via the Online Store are concluded in Polish.
2. Change of Regulations:
   1. The Service Provider reserves the right to make changes of
      these Regulations for important reasons, i.e.: changes in legal regulations; changes in methods or terms of payment or delivery, being subject to a legal or regulatory obligation;
      changes to the scope or form of the Electronic Services provided;
      in the event of a direct threat related to the protection of the Online Store, including fraud, malware, spam, data breaches or other threats to cybersecurity – to the extent that such changes affect the implementation of the provisions of these Regulations.
   2. Notification of proposed changes is sent from
      at least 15 days in advance before the date of entry into force of these changes, provided that the change may be introduced without observing the 15-day notice period in the event that the Service Provider: (1) is subject to a legal or regulatory obligation under which it is obliged to change the Regulations in a manner that prevents it from complying with the provisions of the Regulations;
      15-day notice period; or (2) must counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and malware, spam, data breach or other threats to cybersecurity. In the last two preceding cases, the introduction of changes shall take place with immediate effect, unless it is possible or necessary to apply a longer period for the introduction of changes, of which the Service Provider shall notify each time.
   3. In the case of contracts of a continuous nature (e.g. provision of
      Electronic Services – Account) The Service Recipient has the right to terminate the agreement with the Service Provider before the expiry of the notification period for proposed changes. Such termination becomes effective within 15 days from the date of receipt of the notification. In the event of conclusion of a continuous agreement, the changed party was properly notified of the changes, in accordance with the notification period before their introduction and did not terminate the agreement during that period.
      In addition, at any time after receiving notification of changes, the Service Recipient may accept the changes introduced and thus resign from the further duration of the notification period. In the event of concluding a contract of a different nature than continuous contracts, changes to the Regulations will not in any way violate the rights acquired by the Service Recipient before the date of entry into force of the changes to the Regulations, in particular changes to the Regulations will not affect already placed or submitted Orders and concluded, implemented or performed Sales Agreements.
   4. In the event that an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the consumer has the right to withdraw from the contract.
3. These Terms and Conditions do not exclude the provisions in force in the country of the consumer’s habitual residence who enters into a contract with the Service Provider/Seller, which cannot be excluded by agreement. In such a case, the Service Provider/Seller guarantees the consumer the protection granted under the provisions that cannot be excluded by agreement.
4. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

 

13. Withdrawal Form Template
(Annex No. 2 to the Consumer Rights Act)

Withdrawal Form
(This form should be completed and returned only if you wish to withdraw from the contract)

Recipient:

HERMANOS MK LIMITED LIABILITY COMPANY
ul. Grzybowska 87, 00-844 Warsaw
milsendesign.com
hello@milsendesign.com

I/We(*) hereby inform you of my/our withdrawal from the contract for the sale of the following goods() / the contract for the delivery of the following goods(*) / the contract for work involving the production of the following goods(*) / the contract for the provision of the following service(*).

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

Name and surname of the consumer(s)

Consumer(s) adress

Consumer(s) signature(s) (only if the form is being submitted in paper version)

Date

(*) Cross out if not needed.