AMENDMENT TO THE MIHI WEBSITE TERMS AND CONDITIONS
This amendment has been made due to the addition of new points to the Terms and Conditions, which will not affect existing users and customers of Mihi Sp. z o.o.
TERMS AND CONDITIONS OF THE MIHI WEBSITE
PREAMBLE
The version in force from 25 March 2023.
The MIHI Website cares about the rights of the Consumer. The Consumer may not waive the rights granted to him by law. Contract terms less favourable to the Consumer than the terms of the Consumer Rights Act shall be null and void, and the terms of the Consumer Rights Act shall apply instead. Therefore, the terms of these Terms and Conditions are not intended to exclude or limit any rights of Consumers under mandatory terms of law, and any possible doubts are to be interpreted in favour of the Consumer. In the event of any unintentional inconsistency between the terms of these Terms and Conditions and the aforementioned terms, these terms shall prevail and MIHI shall apply them. These Terms and Conditions only apply to the Consumer and do not apply to Entrepreneurs.
I. GENERAL PROVISIONS
1. The website available at the internet address www.mihi.care (including sub-pages and bookmarks at the indicated internet address) is operated on behalf of MIHI by MIHI Sp. z o.o. with its registered office in Warsaw, ul. Modlińska 6A/224; 03-216 Warsaw, entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under KRS number 0000972725, NIP 5242940809;
2. The use of the Website requires that the terminal device and the ICT system used by the Customer meet the Technical Requirements.
3. These Terms and Conditions are addressed to both Consumer and non-Consumer Customers using the Website, Electronic Services or entering into Reservation Contracts (with the exception of point XIII of the Terms and Conditions, which is addressed exclusively to non-Consumer Customers).
4. Acceptance of the Terms and Conditions is voluntary, but necessary in order to create an Account or for the Customer to make a Reservation or Order.
5. The information presented on the Website or, if the possibility to make a Reservation/Order using other means of remote communication is made available, an e-mail confirming receipt of the Reservation/Order, only constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code, addressed by MIHI to the Customers, and not an offer within the meaning of the Civil Code.
6. Whenever the following capitalized phrases are used in the following section of the Terms and Conditions, they are to be understood in the sense given below, unless the context of their use clearly indicates otherwise:
a) APPLICATION - software (mobile application) made available to the Customer by MIHI, intended to be installed on the Customer's mobile device and allowing, in particular, the use of a part of the functionality of the Website without having to open a web browser. The provisions contained in the Terms and Conditions with regard to the Application shall apply from the time the Application is made available by MIHI in the mobile application shops indicated in para. II para. 14 of the Terms and Conditions and depending on its further availability and developed functionalities;
b) MIHI - the company MIHI Sp. z o.o. with its registered office in Warsaw, ul. Modlińska 6A/224; 03-216 Warsaw, entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under KRS number 0000972725, NIP 5242940809;
c) PRICE - determined in Polish zloty or in another currency of the gross remuneration (including tax) due to MIHI for the transfer of ownership of the Product to the Customer in accordance with the Sales Contract. The price does not include the costs of delivery, unless the terms and conditions of the contract applied by the Shop state otherwise;
d) WORKING DAY - one day from Monday to Friday excluding public holidays;
e) COMMERCIAL WORKING DAY - one day from Monday to Friday;
f) PASSWORD - a sequence of alphanumeric characters necessary for authentication when accessing the Account, which is specified by the Customer when creating the Account. Registration of the Account requires the Password to be repeated twice in order to enable the detection and correction of any errors. The Customer is obliged to keep the Password strictly confidential (not to disclose it to any third party). MIHI provides the Customer with the opportunity to change the Password;
g) CLIENT - an individual; or one acting through an authorised person. If the CUSTOMER is an individual with limited legal capacity, the CUSTOMER is obliged to obtain the legally effective consent of his/her legal representative to conclude the Service Contract/Reservation Contract, Sales Contract and to present such consent at any request of MIHI; whereby, as a general rule, contracts concluded on the Website have the nature of contracts commonly concluded for minor day-to-day matters;
h) CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 2014, Section 121 as amended);
i) CONSUMER - an individual making a legal transaction with an entrepreneur which is not directly related to his/her commercial or professional activity;
j) ACCOUNT - Electronic Service, a set of resources in MIHI's ICT system marked with an individual name (Login) and Password provided by the Customer, allowing the Customer to use additional functionalities/services. The Customer accesses the Account using the Login and Password. The Customer logs into his Account after registering on the Website. The Account allows for the recording and storage of information about the Customer's address details for the dispatch of Products, tracking of the status of Orders and Reservations, access to the history of Orders and Reservations, and other services made available by MIHI;
k) SHOPPING CART - a service made available to each Customer who uses the Website, consisting of making it possible to easily make a Reservation or place an Order for one or several Products, enter discount codes enabling Price reduction on the principles defined in separate Contracts/regulations, display a summary of the Price of individual Products and all the Products jointly (including possible shipping costs), display the estimated date of delivery of the Products The shopping basket gathers Reservations and offers to conclude a Sales Contract made by the Customer. It is possible to make more than one offer for a Sales Contract within one Reservation/Order, in accordance with the terms and conditions specified in the Terms and Conditions;
l) LOGIN - the Customer's e-mail address provided on the Website when creating an Account;
m) NEWSLETTER - an Electronic Service that enables the Clients using it to receive regular information from MIHI, in particular about Products, the Website, including news and promotions, to the email address or telephone number provided by the Client, with the Client's express consent. The Newsletter terms and conditions contained in the Terms and Conditions will apply from the moment the availability of the Newsletter service is activated by MIHI;
n) MIHI PARTNER - an individual or legal entity connected by business, organisational or financial links with MIHI;
o) PRODUCT - an available movable item on the Website that is the subject of a Contract of Sale between the Customer and MIHI, on payment of a Price, or the subject of a Reservation. All Products presented on the Website are brand new;
p) PROMOTIONS - special conditions of sale or service providing, regulated on the terms and conditions stated on the Website, offered by MIHI at a specific time, which the Customer may use under the terms and conditions stated therein (such as, for example, a reduction of the Price or shipping costs);
q) VIRTUAL WALLET - the Customer's own funds accumulated on the Website and owned by the Customer.
r) TERMS AND CONDITIONS/SERVICE CONTRACT- this document setting out the rules for the conclusion of Reservation Contracts and Sales Contracts and the rules for providing and using the services made available by MIHI via the Website to Customers. The Terms and Conditions define the rights and obligations of the Customer and MIHI. Regarding services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended). In case of conflict between the Regulations and the Marketing Plan available on the website www.mihi.care , the Marketing Plan shall take priority in application;
s) RESERVATION - declaration of will of the Customer, made via the Website, aiming directly at the conclusion of a Reservation Contract, specifying the type and number of Product(s) and other contents provided by law and the Terms and Conditions. A Reservation does not represent an obligation for MIHI, the Customer or third parties (including MIHI Partners) to conclude a Reservation Contract or a Sales Contract;
t) INTERNET SERVICE - the platform for making Reservations by the Customer and for the providing of services provided by MIHI, operated by MIHI and constituting a group of interconnected websites, available at the following web address: www.mihi.care and also via the Application;
u) CONTENT/CONTENTS - textual, graphic or multimedia elements (e.g. information about Products, images of Products, promotional videos, descriptions, comments), including works within the meaning of the Act on Copyright and Related Rights and images of individuals, which are posted and distributed on the Website by MIHI, MIHI's contractors, the Customer or any other person using the Website, respectively;
v) RESERVATION CONTRACT - an Contract between MIHI and the Customer, whereby MIHI undertakes to confirm the availability of the Product(s) indicated by the Customer as part of the Reservation made, and the Customer undertakes to collect the Product(s) at a time and Stationary Store selected by the Customer from among the Stationary Stores presented by MIHI during the Reservation, where the Product(s) is/are available at the time of the Reservation. The Reservation Contract does not represent a Sales Contract, nor does it oblige MIHI, the Customer or any third party (including MIHI's Partners) to enter into it. MIHI reserves that the Reservation Contract may be amended, terminated by MIHI in any way without any legal consequences for MIHI, unless a Sales Contract has been concluded;
w) SALE CONTRACT - a contract of sale in terms of the Civil Code, concerning the sale by MIHI to the Customer of the Products indicated in the Order or Reservation Contract, against payment of the Price plus any additional charges, including shipping costs, concluded via the Website;
x) ELECTRONIC SERVICE - the providing of services electronically within the meaning of the Electronic Service Act of 18 July 2002 (Journal of Laws of 2002, No. 144, clause 1204, as amended), by MIHI to the Customer via the Website, in accordance with the Service Contract. To the extent that services are provided by entities cooperating with MIHI, the relevant regulations regarding the rules for the use of these services are to be found in the terms and conditions for the services provided by these entities;
y) CONSUMER RIGHTS ACT, ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended);
z) TECHNICAL REQUIREMENTS - the minimum technical requirements to be met in order to cooperate with the ICT system operated by MIHI, including the conclusion of a Service Contract, a Sales Contract or a Reservation Contract, i.e..: (1) a computer, laptop or other multimedia device with Internet access (in the case of the Application, a mobile device); (2) access to electronic mail; (3) Web browser: Mozilla Firefox version 17.0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0 and above, Safari version 5.0 and above; (4) Recommended minimum screen resolution: 1024x768; (5) enable Cookies and Javascript in your browser; in the case of making a Reservation via the Application: (8) mobile device operating system: Android version 5.0. or higher or iOS version 10.0 or higher, (9) mobile device with camera and geolocation service (GPS). In order to place an Order or a Reservation, the Customer must have a valid/active e-mail address and, in certain cases, a keyboard or other pointing device that enables the correct completion of electronic forms;
aa) ORDER - a declaration of will of the Customer expressing a direct will to conclude a Distance Sales Contract via the Website, submitted with the use of means of distance communication, specifying the Products for which the Customer submits an offer to conclude a Sales Contract and the Customer's data necessary for the possible conclusion and performance of a Sales Contract.
II. ELECTRONIC SERVICES ON THE WEBSITE AND APPLICATION
1. MIHI provides the following Electronic Services to Customers free of charge via the Website:
a) Account;
b) enabling Customers to place Orders, make Reservations and conclude Sales and Reservation Contracts in accordance with these Terms and Conditions;
c) presenting Customers with advertising content adapted to their interests, including, depending on the Customer's granting of appropriate, voluntary consents, presenting Customers with current notifications directly from the level of their web browser ("push notifications");
d) enabling Customers to use the shopping cart services;
e) enabling browsing of Content posted within the Website;
f) Newsletter (subject to its availability);
g) in the case of Application Clients (the following regulations may apply to the current Electronic Services or those introduced in the future - the possibility of using specific Electronic Services results from the current functionality of the Application) and its availability in the mobile application shops indicated in clause II. Clause 14 of these Terms and Conditions. As the Application develops, it may include in particular:
bb) scanning via the camera and saving barcodes of selected Products in order to enable the Customer to compare their Prices and to accelerate the search results;
cc) presentation of Products on the Website on the basis of pictures of selected products uploaded by the Customer;
dd) Limitation of the presented Products or Promotions, e.g. to a product or category indicated by the Customer (e.g. Men's/Women's/Children's Products);
ee) presenting current notifications directly on the screen of the mobile device ("push" notification);
ff) creation of lists of favorite or discovered Products;
2. MIHI additionally provides the following services free of charge via the Website to Customers who have created an Account:
a) maintain the Customer's session after the Customer has logged into the Account (via a browser or, if such functionality has been introduced, via the Application);
b) store and make available to the Customer via the Account the history of Orders and Reservations.
3. Registration and use of the Account is possible once the Customer has completed the following steps together:
a) completing the registration form;
b) accepting the provisions of these Terms and Conditions and clicking on the "Register" box.
4. It is necessary for the Client to provide the following Client data in the registration form: name and surname, email address, password, telephone number and other data resulting from the registration form.
5. The Service Contract is concluded as soon as the Customer receives a confirmation of the conclusion of the Service Contract sent by MIHI to the email address provided by the Customer in the course of registration. The Account is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without stating any reason, to delete the Account (to resign from the Account) by sending an appropriate request to MIHI, in particular by email to: [email protected] or in writing to MIHI's registered address.
6. Using the Shopping Cart begins when the Customer adds the first Product to the Shopping Cart.
7. The Shopping Cart is provided free of charge and has a one-time nature and is terminated at the time of placing an Order or Reservation through it or at the time of earlier discontinuation of placing an Order or Reservation through it by the Customer, in accordance with the Customer's will; however, in the event of using the Shopping Cart through a web browser, the Shopping Cart remembers information about the Products selected by the Customer also after the end of the browser session, including logging out, for a period not exceeding 30 days. Placing the Products in the Basket does not guarantee their availability.
8. In order to start the Newsletter service, the Client's consent to receive commercial information is required by providing its e-mail address in the relevant field on the Website or by ticking the relevant checkbox and its confirmation by clicking on the activation link sent by MIHI to the e-mail address provided by the Client (the moment the Newsletter delivery service starts). The Customer may, at his/her choice, consent to receive commercial information from MIHI's cooperating entities or to the processing of personal data for marketing purposes of MIHI's cooperating entities. The Customer may also agree to receive the Newsletter via SMS by providing his/her mobile phone number and ticking the relevant checkbox on the Website.
9. The Newsletter is provided free of charge for an indefinite period of time (but not before MIHI has activated the availability of the Newsletter service). The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (to cancel the Newsletter) in particular by clicking on the deactivation link included in each Newsletter sent to the Customer in the form of an e-mail message or by sending a corresponding request to MIHI, in particular by e-mail to: [email protected] or in writing to MIHI's registered office address.
10. The Customer is obliged in particular to:
a) to provide only true, current and all necessary data of the Customer in the forms made available on the Website;
b) to promptly update the data, including personal data, provided by the Customer in connection with the conclusion of the Service Contract, the Sales Contract or the Reservation Contract, in particular to the extent that this is necessary for their proper execution; the Customer has the option to change the data entered when creating the Account at any time by using the options available in the Account;
c) to use the services and functionalities provided by MIHI in a manner that does not interfere with the functioning of MIHI, the Website or the Application;
d) to use the services and functionalities provided by MIHI in a manner that is in compliance with applicable law, the provisions of the Terms and Conditions, as well as accepted custom and rules of social coexistence;
e) to use the services and functions provided by MIHI in a manner that is not disruptive to other customers and MIHI;
f) not to provide or transmit on the Website any Content that is prohibited by applicable law, in particular Content that violates third parties' proprietary copyrights or their personal rights;
g) not to take actions such as:
aa) sending or posting on the Website any unsolicited commercial information or posting any Content that violates the law (prohibition of illegal Content);
bb) undertaking any computer action or any other action intended to come into possession of information not intended for the Customer, including the data of other Customers, or to interfere with the rules or technical aspects of the operation of the Website, the Application and the processing of payments;
cc) to modify in an unauthorised manner the Content provided by MIHI, in particular the Website, the Prices or the descriptions of the Products;
a) to download the Application only from the legal sources listed enumerated by MIHI in paragraph 14 below;
b) on-time payment of the Price and other costs agreed between the Customer and MIHI in full;
c) on-time collection of the Products ordered using the delivery and cash on delivery payment method.
11. Complaints related to the provision of Electronic Services, the Application or the Reservation Contract may be submitted, for example: in writing to MIHI's registered office address or electronically via email to [email protected].
12. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject matter of the complaint, in particular the type and date of the irregularity; (2) the Customer's request; and (3) the contact details of the complainant - this will facilitate and speed up the processing of the complaint by MIHI. The requirements in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
13. MIHI responds to the complaint immediately, but no later than within 14 days from the date of submission, in accordance with Article 7a (1) of the Act, unless a different period of time is specified by law or separate regulations.
14. MIHI enables the Customer to download the Application to the Customer's mobile device free of charge from the following online mobile application shops:
a) Apple App Store, for mobile devices running the iOS operating system;
b) Google Play/ Play Store, for mobile devices with Android operating system;
15. Using the Application downloaded from a source other than that indicated in paragraph 14 above runs the risk of compromising the integrity of the Application and connecting to harmful software, which poses a security risk to the Customer's mobile device and the data stored therein.
16. In order to use the Application, the Customer is required to:
a) to read and accept these Terms and Conditions and the information on the Application made available in the shops referred to in para. 14 above, and
b) to download the Application from the shop referred to in para. 14 above, and
c) install the Application on the Customer's mobile device by following the instructions displayed upon starting the installation process or provided by the shops referred to in para. 14 above.
17. The Application connects to the Website via the Internet.
18. The functionalities of the Application serve the purpose of MIHI's provision of Electronic Services in an accessible manner that facilitates the Customer's use of the Website, including viewing the Content and Products.
19. The Application uses technology that stores and accesses the Customer's ID, allowing the Application to operate offline and to store the preferences of a non-logged-in Customer (which involves accessing the memory of a mobile device). The Application stores the current Customer ID until the Customer logs in to the Application, changes the Application site to a Website operating in another country or uninstalls (deletes) the Application from the mobile device.
20. In order to use the functionalities of the Application referred to in clause II(1)(g) above, it is necessary respectively for the Customer to give voluntary consent for the Application to access the camera or geolocation service on the Customer's mobile device, for the Customer to give voluntary consent to receive push notifications or to provide MIHI with information about the Customer's preferences.
21. The Customer is able at any time to cancel the consents referred to in paragraph 20 above or to uninstall (remove) the Application from its mobile device via the settings of that device.
22. In the situations set out in clause II, paragraph 10g and V, paragraph 4, MIHI has the right to temporarily discontinue or restrict the provision of the services listed in para 1 and para 2 above. In such a situation, the other provisions of the Terms and Conditions shall apply accordingly. In its relations with Customers who are not Consumers, MIHI is not responsible for the temporary unavailability of the Website for the reasons previously mentioned.
23. MIHI will inform the Customers of any suspension or restriction of the provision of Services on a temporary basis by sending an appropriate e-mail and by posting an appropriate message on the Website.
24. Temporary suspension or restriction of the provision of services does not affect the Customer's rights under applicable law, in particular the right to terminate the Service Contract.
III. TERMS AND CONDITIONS OF THE RESERVATION CONTRACT
1. MIHI enables Product Reservations to be made by the following means on the Website.
2. As part of the development of the services provided, MIHI may introduce further ways of making Reservations using means of distance communication, on the terms and conditions set out in these Terms and Conditions.
3. The conclusion of the Reservation Contract between the Customer and MIHI shall take place after the Customer has made a Reservation.
4. MIHI enables the Customer to make a Reservation via the Website as follows, in sequence:
a) The Customer adds a maximum of three selected Products to the Basket and then proceeds to the Reservation form;
b) The Customer who has an Account confirms in the Reservation form the validity of the data necessary to conclude and perform the Reservation Contract. The Customer who does not have an Account must fill in the Reservation form on his/her own to the extent of his/her data necessary to conclude and perform the Reservation Contract. In any case, the provision of outdated or false data of the Customer may prevent the performance of the Contract. In the Reservation form, it is necessary for the Customer to provide the following data: the name of the person collecting the subject of the Reservation, the Customer's email address and telephone number, and the data concerning the Reservation Contract: Product(s), quantity of the Product(s), if available, type, colour and size of the Product(s), Stationary Store where the Product(s) is to be collected (selected from the Stationary Stores where the Product(s) is/are available at the time of the Reservation). In the case of non-consumers, it is also necessary to specify the company;
c) The Customer sends MIHI a Reservation (makes an offer to conclude a Reservation Contract) using the functionality provided on the Website for this purpose (button: " Reserve Products"). In the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions is required;
d) During the Reservation, until the " Reserve products" button is pressed, the Customer has the possibility to independently correct the data entered within the " Shopping cart" panel by adding or removing a given item from the Shopping cart.
5. In the case of the conclusion of a Reservation Contract using other means of remote communication:
a) MIHI sends an e-mail to the Customer confirming the content of the proposed Reservation Contract;
b) The Customer sends MIHI the Reservation by email to the email address from which the Customer received the confirmation referred to in paragraph 5(a) above;
c) in the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions by the Customer is required.
6. After verification of the Reservation, without unreasonable delay, MIHI sends a message to the Customer at the email address provided, confirming the acceptance of one or more individual offers to conclude the Reservation Contract for the Products made within the Reservation and confirming the conclusion of the Reservation Contract (acceptance of the Reservation in respect of the Products indicated in the message).
7. The Reservation Contract is concluded as soon as the aforementioned offer(s) have been confirmed, i.e. the Customer has received the message referred to in paragraph 6 above in respect of the Products indicated therein. MIHI sends a confirmation of the terms and conditions of the Contract to the Customer to the e-mail address provided by the Customer.
8. In the event that it is not possible to accept all or some of the offers made within the Reservation, MIHI will contact the Customer in order to:
a) to inform the Customer that it is not possible to accept all offers to conclude the Reservation Contract made within the Reservation; or
b) to confirm the Customer's willingness to make the Reservation in the part in which MIHI has agreed to accept the offers to conclude the Reservation Contract. The Customer may then cancel the Reservation made in its entirety (in respect of all offers), which shall be without prejudice to the Customer's right of cancellation. The cancellation of a Reservation by the Customer shall release MIHI from its obligation to fulfil the Reservation Contract.
9. If the offers(s) to conclude a Reservation Contract made under the Reservation cannot be accepted, the Reservation Contract in respect of the Products indicated by MIHI does not conclude.
10. Independently, MIHI may inform the Customer of the status of the Reservation by sending messages to the e mail address provided by the Customer or by contacting the Customer by telephone.
11. MIHI strives to ensure that all Products are available and that the Reservation Contract is fulfilled. In the event of an inability to provide, and in other situations defined by law, the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, may apply.
12. The Reservation Contract shall be effective from the confirmation of the Reservation until the end of the next Business Day following the confirmation of the Reservation.
13. MIHI may terminate the Reservation Contract (cancel the Reservation) at any time, in particular by sending an e-mail to the Customer.
14. The Reservation Contract does not constitute an obligation on the part of MIHI or any MIHI Partner to conclude a Sales Contract. If a Sales Contract is concluded, the Customer is obliged to pay the Price. Payment of the Price is made using an available payment method, via the Website.
15. Promotions valid on the Website are not cumulative, unless the provisions of the Promotion specifically state otherwise.
IV. TERMS AND CONDITIONS OF THE SALE CONTRACT
1. The main features of performance including the subject matter and the method of communication with the Customer are specified on the webpage of each Product.
2. MIHI makes it possible to place Orders for Products by the following means on the Website.
3. As part of the development of the services provided, MIHI can introduce further ways of placing Orders using means of distance communication, according to the rules set out in these Terms and Conditions.
4. The conclusion of a Sales Contract via the Website between the Customer and MIHI takes place after the Customer has placed an Order.
5. MIHI enables the Customer to place an Order via the Website as follows, in sequence:
a) The Customer adds the selected Product(s) to the Shopping Cart and then proceeds to the Order form;
b) A Customer who has an Account confirms in the Order form the validity of the data necessary for the conclusion and fulfilment of the Sales Contract. A Customer who does not have an Account must independently fill in the Order form with his/her data necessary for the conclusion and fulfilment of the Sales Contract. In any case, providing outdated or false data of the Customer may prevent the fulfilment of the Sales Contract. In the Order form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and data concerning the Sales Contract: Product(s), quantity of Product(s), if available, type, colour and size of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company, and if they have requested a VAT invoice as part of the form, also the VAT ID number;
c) The Customer chooses one of the delivery methods provided by MIHI;
d) The Customer chooses the method of payment of the Price and any other total costs for the fulfilment of the Sales Contract indicated on the Order Form;
e) The Customer sends MIHI an Order (submits an offer) using the functionality made available for this purpose on the Website (button: "Order and pay"). In the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions is required;
f) when placing an Order, until the moment of pressing the "Order and pay" button, the Customer has the possibility of correcting the data entered on his or her own within the " Shopping cart" panel by adding or removing a given item from the Shopping cart;
g) depending on the payment method selected, the Customer may be redirected to the pages of a third-party payment service provider in order to make payment.
6. In case of the conclusion of a Sales Contract using other means of distance communication:
a) MIHI sends an e-mail to the Customer confirming the content of the proposed Sales Contract;
b) The Customer sends MIHI the Order by e-mail to the e-mail address from which the Customer has received the confirmation referred to in paragraph 6(a) above;
c) in the case of a Customer who does not have an Account and has not accepted the Terms and Conditions in advance, acceptance of the Terms and Conditions by the Customer is required;
7. In response to the Order, MIHI immediately sends an automatic message to the Customer to the e-mail address provided by the Customer for this purpose, confirming receipt of the Order and initiating its verification.
8. Once the Order has been verified, without unreasonable delay, MIHI sends a message to the Customer to the e-mail address provided with:
a) a confirmation of the acceptance of one or more individual offers for the Products made within the Order and a confirmation of the conclusion of the Sales Contract (acceptance of the Order in respect of the Products indicated in the message); or
b) information that it is not possible to accept all the offers for Products made under the Order for the reasons indicated in point V(4) below (non-payment).
9. The Sales Contract is concluded upon confirmation of the offer(s), i.e. receipt by the Customer of the message referred to in paragraph 8(a) above in respect of the Products indicated therein. MIHI sends confirmation of the Contract terms to the Customer at the e mail address provided by the Customer.
10. If it is not possible to accept all or some of the offers made within the Order, MIHI will contact the Customer in order to:
a) inform the Customer of the impossibility of accepting all the offers made within the Order to conclude the Contract of Sale; or
b) to confirm the Customer's willingness to proceed with the Order in the part in which MIHI has agreed to accept the offers to enter into the Sales Contract. The Customer may then cancel the Order in its entirety (to the extent of all offers made), which shall be without prejudice to the Customer's right of withdrawal. The cancellation of the Order by the Customer shall release MIHI from its obligation to fulfil the Order. If the Order is cancelled, paragraph 11 below shall apply accordingly.
11. In the event that it is not possible to accept the offer(s) made within the scope of the Order, the Sales Contract in respect of the Products indicated by the Website shall not be concluded, and MIHI shall immediately, but no later than within 14 days, return the payments made by the Customer in respect of the scope in which the Sales Contract has not been concluded. The provisions of clause IX(6) of the Terms and Conditions shall apply accordingly.
12. Independently, MIHI may inform the Customer of the status of the Order, in particular by sending messages to the e-mail address provided by the Customer, by SMS or by telephone contact.
13. MIHI strives to ensure that all Products are available and that the Sales Contract is fulfilled. In the event that performance is not possible and in other situations defined by law, the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, may apply, in particular concerning the obligation to return the performance to the Consumer without delay.
14. The total value of the Order includes the Price, shipping costs and any other costs of optional paid services selected by the Customer. MIHI may, during a period selected by it, set a threshold for the minimum value of the Order for which shipping of the Products is free of charge. The Customer is informed of the total price including taxes of the Product which is the subject of the Order, as well as the costs of delivery (including transport, delivery and postal charges) and other costs and, when the amount of such charges cannot be determined, the obligation to pay them, when placing the Order, including when the Customer expresses its will to be bound by the Sales Contract.
15. Promotions valid on the Website or in Stationary Stores are not cumulative, unless the provisions of the Promotion expressly provide otherwise.
V. PAYMENT METHODS AND PAYMENT DATES FOR THE PRODUCT
1. MIHI provides the Customer, subject to the provisions of Section II, paragraph 22, with various methods of payment for the Sales Contract, in particular:
a) cash on delivery at the time of delivery;
b) by bank transfer to MIHI's bank account;
c) electronic payment and payment by credit card via authorised services, in accordance with the information made available on the Website.
d) by means of a Virtual Wallet.
2. The current payment methods possible are specified on the Website under "Payment Methods" and each time on the sub-page of the respective Product. The available payment methods may depend on the delivery method selected by the Customer.
3. Transaction settlements by electronic payment and payment card are carried out according to the Customer's choice via authorised services.
4. In the event that MIHI does not receive payment from a Customer who has chosen to pay in advance, i.e. payment by bank transfer, electronic payment or payment card, MIHI may contact the Customer to remind him of the payment, including by sending an email. Failure to make payment within 10 days of the Order will result in non-acceptance of the offer made by the Customer within the Order and cancellation of the Order.
5. If the Customer chooses to pay cash on delivery, the Customer shall be obliged to make payment on delivery. The Customer's refusal to take delivery of the Product, despite setting an additional appropriate deadline, is a condition for the termination of the Sales Contract. The Customer may also cancel the Order within the indicated period without incurring any consequences, which does not affect his right to withdraw from the Contract.
6. When making a reservation and further purchase of the Product, the Customer pays for it, among others via Virtual Wallet. The funds accumulated in the Virtual Wallet are the exclusive property of the Customer until the purchase or delivery of the Product. The Client acknowledges and declares that Mihi is entitled to deduct the Price from the Virtual Wallet pursuant to Art. 498 et seq. k.c. The Client grants Mihi a power of attorney for the deduction, with the proviso that the content of art. 108 k.c. has no use. The Client is entitled to deposit his own funds into his Virtual Wallet at any time, acknowledging that Mihi is not the custodian of these funds. The Customer is entitled at any time to request the return of funds accumulated in the Virtual Wallet, which will be returned no later than within 7 Business Days. A declaration of withdrawal of funds from the Virtual Wallet can be sent either by post to the address of Mihi's registered office or to the email address: [email protected]. The Customer also acknowledges that the funds accumulated in the Virtual Wallet are used only to pay for the Product. Mihi delivers the Product to the Customer together with the fiscal document.
VI. COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
1. Delivery of the Product is available on the territory of the Republic of Poland, to the extent each time indicated in the tab "Delivery methods" on the Website and each time on the subpage of the given Product.
2. Delivery of the Product to the Customer is chargeable, unless the Sales Contract provides otherwise. The delivery costs of the Product are indicated to the Customer under the tab "Delivery Methods" on the Website and each time on the sub-page of the respective Product, including at the time the Customer expresses his/her will to be bound by the Sales Contract. MIHI makes available to the Customer in principle, subject to the provisions of Section II, paragraph 22, in particular the following methods of delivery of the Product:
a. Postal delivery, postal consignment;;
b. Courier delivery, cash on delivery;
c. InPost parcel lockers.
3. The available delivery methods may depend on the payment method selected by the Customer.
4. The total waiting time for the Customer to receive the Product (delivery time) consists of the time for MIHI to prepare the Order for dispatch and the time for the carrier to deliver the Product.
5. The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the Product in question or when placing the Order. If an Order is placed for several Products with different delivery times at the same time, the delivery time shall be the longest period specified, which shall not, however, be longer than 7 Business Days.
6. The time for MIHI to prepare the Order for dispatch is each time shown on the sub-page of the respective Product and is calculated from the date (the start of the delivery period):
a. credit of MIHI's bank account or settlement account - in the event that the Customer has chosen payment by bank transfer, electronic payment or payment card
b. the conclusion of the Sales Contract - if the Customer chooses the cash on delivery payment method.
7. The above-mentioned time should be increased by the time of delivery of the Product by the given carrier, which depends on the form of delivery chosen by the Customer and is each time presented on the sub-page of the given Product and in the "Delivery Methods" tab on the Website.
VII. PRODUCT COMPLAINT
1. The basis and scope of MIHI's liability to the Customer if the sold Product has a physical or legal defect (warranty) are set out in the provisions of the Civil Code Act, in particular in Articles 556 and following of the Civil Code.
2. Products displayed on the Website may be covered by a manufacturer's or distributor's guarantee. Detailed terms of the guarantee and its duration are then given in the guarantee card issued by the guarantor and attached to the Product.
3. MIHI is obliged to provide the Customer with a defect-free Product.
4. A complaint may be made by the Customer, for example, in writing to MIHI's address, marked "Complaint". If the complaint relates to a Product, it is usually expedient to deliver it to MIHI together with the request, in order to enable MIHI to examine the Product and respond to the request. Details of the methods made available by MIHI for the Customer to deliver the Product to it free of charge in connection with a complaint can be found within the Website under "Complaints".
5. If a sold Product has a defect, the Customer may:
a) make a statement to reduce the Price or withdraw from the Sales Contract, unless MIHI replaces the defective Product with a defect-free one or removes the defect immediately and without excessive inconvenience for the Customer. The reduced price shall be in such proportion to the contract price as the value of the Product with the defect remains to the value of the Product without the defect. The Customer may not withdraw from the contract if the defect in the Product is insignificant;
b) demand that the Product be replaced with a defect-free Product or that the defect be removed. MIHI is obliged to replace the defective Product with a defect-free one or to remove the defect within a reasonable time without undue inconvenience for the Customer with the reservations and according to the rules specified in the relevant provisions of the Civil Code.
6. The Customer may, instead of the defect rectification proposed by MIHI, request the replacement of the Product with a defect-free Product or, instead of replacing the Product, request the rectification of the defect, unless bringing the Product into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the manner proposed by MIHI. When assessing the unreasonableness of the costs, the value of the Defect-Free Product, the nature and significance of the defect found, and the inconvenience to which other means of satisfaction would expose the Consumer shall be taken into account.
7. It is recommended that the Customer specify in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the Product into conformity with the Sales Contract or a declaration of price reduction or withdrawal from the Sales Contract; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by MIHI. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
8. MIHI will respond to the Product complaint immediately, but no later than within 14 days of receiving it. If the Customer has requested the replacement of the item or the removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and MIHI has not responded to this request within 14 days of receipt, MIHI shall be considered to have acknowledged the request.
9. If, in order for MIHI to respond to the Customer's complaint or to exercise the Customer's rights under the guarantee, it is necessary to deliver the Product to MIHI, in accordance with Article 5612 in conjunction with Article 354 § 2 of the Civil Code, the Customer will be obliged to deliver the Product at MIHI's expense to the address of MIHI Sp. z o.o., 1 Kineskopowa St., 05-500 Piaseczno, marked "Complaint".
VIII. OUT-OF-COURT COMPLAINT HANDLING AND REDRESSAL PROCEDURES AND RULES ON ACCESS TO THESE PRODUCTS
1. The use of out-of-court procedures for handling complaints and pursuing claims is voluntary
2. The principles of out-of-court consumer dispute resolution proceedings and the obligations of entrepreneurs in this respect are defined separately in the law (including in particular the Act of 23 September 2016 on out-of-court resolution of consumer disputes, Journal of Laws 2016, item 1823) or in the regulations applied by relevant entities competent to resolve consumer disputes.
3. The Customer who is a Consumer has the following examples of out-of-court complaint and redress procedures:
a) The Customer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended) to resolve a dispute arising from the concluded Service Contract or Reservation Contract;
b) The Customer is entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Commercial Inspection Act of 15 December 2000 (Journal of Laws 2001 No. 4, item 25 as amended), for the initiation of mediation proceedings for out-of-court dispute resolution between the Customer and MIHI;
c) The Customer may receive free assistance in resolving a dispute between the Customer and MIHI, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).
d) The customer can submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court dispute resolution that may arise between traders and Consumers.
IX. THE RIGHT TO WITHDRAW FROM THE CONTRACT
1. A customer who has concluded a distance contract may, within 14 days, withdraw from the contract without giving any reason and without incurring any costs other than those provided for by law. (which constitutes the granting of a contractual right of withdrawal to non-consumer customers). To comply with the deadline, it is sufficient for the Customer to make a statement to MIHI before the expiry of the specified date. The Customer may make any unambiguous statement informing of its withdrawal from the Sales Contract. The declaration of withdrawal from the Sales Contract may be made, for example:
a) in writing to MIHI;
b) by e-mail to [email protected] .
2. The time limit for withdrawal from a Sales Contract starts on the day on which the Customer or a third party other than the carrier indicated by the Customer takes possession of the Product, and in the case of a Sales Contract which:
a) consists in multiple Products which are delivered separately, in batches or in parts, from taking possession of the last Product, batch or part, or
b) involves the regular delivery of Products over a period of time - from taking possession of the first Product.
3. In the event of withdrawal from a distance contract, the contract shall be considered as not concluded.
4. MIHI is obliged to return all payments made by the Customer, including the costs of delivery of the Product (with the exception of the additional costs resulting from the delivery method chosen by the Customer other than the cheapest ordinary delivery method available on the Website), to the Customer without delay, but no later than within 14 days of receipt of the Customer's declaration of withdrawal.
5. MIHI shall return the payment using the same method of payment used by the Customer, unless the consumer has expressly agreed to a different method of return that does not incur any costs for the Customer.
6. The Customer is obliged to return the Product to MIHI without delay, but no later than within 14 days of the date on which it has withdrawn from the Sales Contract, to the person authorised to receive the Product, unless MIHI has offered to collect the Product itself. To meet the time limit for returning the Product (including Products showing signs of use), it is sufficient to send it back before the time limit to the address: MIHI Sp. z o.o., 1 Kineskopowa St., 05-500 Piaseczno. Please attach the proof of purchase of the Product if possible.
7. The Customer is responsible for any reduction in the value of the Product resulting from the use of the Product in a manner beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8. The Customer bears only the direct costs of returning the Product.
9. The Customer has no right of withdrawal from a distance contract in respect of contracts: (1) for the provision of services, if MIHI has performed the service in full with the express consent of the Customer, who has been informed before the provision of the service has begun that, after MIHI has performed the service, the Customer will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which MIHI has no control and which may occur before the end of the period for withdrawal; (3) in which the object of the performance is a non-refabricated Product, produced to the consumer's specifications or serving to meet the consumer's personalised needs; (4) in which the subject of the performance consists of a perishable Product or a Product with a short shelf life; (5) in which the subject of the performance consists of a Product supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of the performance consists of Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject matter is alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which MIHI has no control; (8) in which the consumer has expressly requested MIHI to come to him for urgent repair or maintenance; if MIHI provides additional services other than those which the consumer has requested, or supplies Products other than the spare parts necessary for the repair or maintenance, the consumer has a right of withdrawal in respect of the additional services or Products; (9) in which the subject matter of the performance is sound or visual recordings or computer programmes supplied in sealed packaging if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded by means of a public auction; (12) for the performance of accommodation services other than for residential purposes, carriage of goods, car rental, catering, services relating to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of performance; (13) for the supply of digital content which is not recorded on a material medium, if the performance has begun with the express consent of the consumer before the end of the period for withdrawal and after MIHI has informed the consumer of the loss of the right of withdrawal.
10. You have the right to withdraw from the distance contract within 14 days without giving any reason, and in the case of a contract concluded during an unsolicited visit to the consumer's place of residence or ordinary stay, or a trip - within 30 days. The deadline for withdrawal from the contract expires 14 days after the day of purchase, and in the case of a contract concluded during an unsolicited visit to the consumer's place of residence or ordinary stay, or a trip - 30 days after the day of purchase. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or email). You may use the withdrawal form template, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the information regarding the exercise of the right of withdrawal before the withdrawal period expires. Effects of withdrawal from the contract: In the event of withdrawal from this contract, we will refund you all payments received from you, including the costs of delivery of the goods (except for additional costs resulting from your choice of a method of delivery other than the cheapest ordinary delivery offered by us), immediately and in any event not later than 14 days from the day on which we were informed of your decision to exercise the right of withdrawal from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
X. LICENCE
1. The exclusive rights to the Content made available/placed on the Website by MIHI or its partners, in particular the copyright, the name of the Website (trademark), the graphic elements of the Website, the software (including the Application) and the database rights are protected by law and belong to MIHI or entities with which MIHI has entered into the relevant contracts. The Customer is entitled to use the aforementioned Content, including the Application, free of charge, as well as to use Content posted in accordance with the law and already distributed by other Customers on the Website, but only within the scope of its own personal use and exclusively for the proper use of the Website, worldwide. The use of the Content, including the Application, to any other extent is only permissible with the express prior consent of an authorized entity, in writing under pain of invalidity.
2. The Customer, by posting on the Website (including via the Application) any Content, in particular graphics, comments, opinions or statements in the Account or elsewhere on the Website, hereby grants MIHI a non-exclusive, royalty-free licence to use, record in computer memory, modify, delete, add to, publicly perform, publicly display, reproduce and distribute (in particular on the Internet) such Content, throughout the world. This right includes the right to grant sub-licences to the extent justified by the performance of the Reservation Contract or the Service Contract (including the functioning and development of the Website), as well as the authorisation to exercise, by itself or with the help of third parties, subsidiary rights in the development, adaptation, alteration and translation of the work within the meaning of the Act on Copyright and Related Rights of 4 February 1994. To the extent that the Customer is not entitled to grant the licences referred to in this paragraph 2, the Customer undertakes to obtain such corresponding licences for MIHI.
3. Regardless of the above provisions, the Application is the subject of MIHI's copyrights. Upon installation of the Application on the Customer's mobile device, MIHI grants the Customer a non-exclusive licence to use the Application, including the reproduction of the Application solely in connection with its download to the mobile device and the installation and running of the Application on the Customer's mobile device. The Customer may install the Application on any number of the Customer's mobile devices, but only one copy of the Application may be installed on a single mobile device.
4. In particular, the Customer is not authorised to translate, adapt, rearrange or make any other changes to the Application, including its source code, except as permitted by law, and the Customer is not authorised to use the Application for profit-making purposes.
XI. PERSONAL DATA PROTECTION
1. The Customer's personal data is processed by MIHI as a personal data controller.
2. The provision of personal data by the Customer is voluntary, but necessary in order to set up an Account, to use certain Electronic Services or to conclude a Sales Contract or a Reservation Contract.
3. MIHI uses appropriate technical and organisational measures to ensure the protection of the personal data being processed.
4. The Customer's personal data made available on the Website or obtained based on the Customer's activity on the Internet and in Stationary Stores, or obtained via the Application, will be processed by MIHI for the specific, defined purposes indicated within the individual forms on the Website and described in detail within the Privacy Policy available on the Website.
5. As a general rule, depending on the use of specific functionalities, the Customer has the right to lodge a complaint with the authority competent for the protection of personal data, the right to object, the right to access his/her personal data, to request rectification, erasure, restriction of processing and data portability.
6. Additional explanations regarding the protection of personal data are contained in the "Personal Data Processing Policy" available on the Website.
XII. TERMINATION OF THE SERVICE CONTRACT AND CHANGE OF TERMS AND CONDITIONS
1. MIHI may at any time terminate the Service Contract or any license Contract granted under clause X of the Terms and Conditions with the Customer upon one month's notice for valid reasons, understood as (closed catalogue):
a) a change in the legal provisions governing the provision of services by electronic means by MIHI affecting the mutual rights and obligations set out in the contract concluded between the Customer and MIHI or a change in the interpretation of the aforementioned legal provisions as a result of court rulings, decisions, recommendations or instructions from authorities or bodies competent in the field;
b) a change in the manner in which the services are provided due solely to technical or technological reasons (in particular, updates to the technical requirements set out in these Terms and Conditions);
c) a change in the scope or provision of the services to which these Terms and Conditions apply, through the introduction of new, modification or withdrawal by MIHI of existing functionalities or services covered by the Terms and Conditions.
2. MIHI sends its statement within the terms of paragraph 1 above to the e-mail address provided by the Customer when creating an Account or making a Reservation or, if MIHI does not have the Customer's e-mail address, as part of the notifications in the Application.
3. MIHI may terminate the Customer's Service Contract or any license Contract granted under clause X of the Terms and Conditions by giving the Customer seven days' notice or deny the Customer the further right to use the Website (including via the Application) and to make Reservations, and may restrict the Customer's access to some or all of the Content, for valid reasons, i.e. in the event of a gross breach of these Terms and Conditions by the Customer, i.e. in situations where the Customer (closed catalogue) breaches the provisions of clause II.10. a, c, d, e, f, g, h, i, j of the Terms and Conditions.
4. MIHI reserves the right to terminate the Service Contract (and consequently delete the Account) if the Customer's Account remains inactive for a period of at least 3 years.
5. A Customer to whom the provision of paragraph 3 above applies may use the Website after contacting MIHI and obtaining MIHI's permission to continue using the Website.
6. The Terms and Conditions and the appendices to the Terms and Conditions constitute a model contract within the meaning of Article 384 § 1 of the Civil Code.
7. MIHI may change these Terms and Conditions (with the exception of clause XIII of the Terms and Conditions, which applies to Customers who are not Consumers and may be changed at any time on the basis of generally applicable law) in the event of the occurrence of at least one of the following important reasons indicated below:
a) a change in the law governing the sale of Products or the provision of services by electronic means by MIHI affecting the mutual rights and obligations set out in the contract concluded between the Customer and MIHI, or a change in the interpretation of the aforementioned law as a result of court rulings, decisions, recommendations or recommendations of authorities or bodies competent in the field;
b) a change in the manner in which the services are provided due solely to technical or technological reasons (in particular, updates to the technical requirements set out in these Terms and Conditions);
c) a change in the scope or provision of services to which the provisions of these Terms and Conditions apply, through the introduction of new ones, modifications.
8. If changes are made to the Terms and Conditions, MIHI will make the consolidated text of the Terms and Conditions available by publication on the Website and by means of a message sent to the e-mail address provided by the Client when concluding the Service Contract, which the Parties consider to be the introduction of the information about the change into the means of electronic communication in such a way that the Client can become familiar with its content. If MIHI does not have the Client's e-mail address - the message about the change to the Terms and Conditions will be communicated to the Client as part of the notifications in the Application.
9. The change of the Terms and Conditions shall become effective 14 days after the date of sending the information about the change. In the case of Customers who have concluded a Service Contract, i.e. who have an Account, they have the right to terminate the Service Contract within 14 days from the date of notification of the change of the Terms and Conditions. The amendment of the Terms and Conditions shall be of no significance for Service Contracts, Reservation Contracts and Sales Contracts entered into by the Customer and MIHI before the amendment of the Terms and Conditions.
XIII. REGULATIONS FOR NON-CONSUMER CUSTOMERS.
1. This clause of the Terms and Conditions and the provisions contained therein apply only to Customers who are not Consumers.
2. In the case of non-Consumer Customers, MIHI may terminate the Service Contract or any licence Contract granted under clause X of the Terms and Conditions with immediate effect and without indicating reasons by sending the Customer a statement to that effect in any form.
3. MIHI has the right to withdraw from a Sales Contract concluded with a Customer who is not a consumer within 30 days of its conclusion. The withdrawal from the Contract of Sale in this case may take place without giving any reason and does not give rise to any claims on the part of the non-consumer Customer against MIHI.
4. Neither MIHI nor its employees, authorised representatives and agents shall be liable to the Customer, its subcontractors, employees, authorised representatives or agents for any damage, including loss of profit, unless the damage was caused by them intentionally.
5. Whenever the liability of MIHI, its employees, authorised representatives or proxies is established, such liability to the non-Consumer Customer, irrespective of its legal basis, is limited in a single claim to the amount of PLN 1,000 (one thousand).
6. Any disputes arising between MIHI and a non-Consumer Customer will be submitted to the court having jurisdiction over MIHI's registered office.
7. With regard to non-Consumer Customers, MIHI may amend the Terms and Conditions at any time on the basis of generally applicable legal provisions.
XIV. OBLICZANIE KOSZTÓW TOWARÓW I FAKTUR
1. All prices for goods are stated in EUR and include value-added tax (VAT). Our calculation algorithm is based on determining the total invoice amount (Brutto), which is the sum of the costs of all items in the order, already including VAT. Based on the total invoice amount (Brutto), we calculate the total cost of goods excluding tax (Netto) and the amount of value-added tax (VAT). This calculation uses the VAT rate established by law. Please note that due to rounding and calculation peculiarities, there may be minor discrepancies (at the cent level) between the total cost of goods (Netto) and the total invoice amount (Brutto) minus the VAT amount. These discrepancies are mathematically justified and do not affect the final cost of the order.
XV. FINAL PROVISIONS
1. The regulations come into force on March 25, 2023. The previous regulations lose their validity from the date of the entry into force of the provisions of this regulation.
2. Contracts concluded by MIHI are concluded in the Polish language.
3. Recording, securing, making available and confirming the material provisions of the concluded Contract for Services takes place by sending an e-mail to the e-mail address provided by the Customer.
4. Recording, securing, making available and confirming to the Customer the material provisions of the concluded Sales Contract takes place by sending the Customer an e-mail with the confirmation of the Order and by attaching the Order specification and the fiscal proof of purchase to the parcel containing the Product. The content of the Sales Contract is additionally recorded and secured in the IT system of the Website.
5. MIHI provides technical and organisational measures appropriate to the degree of security risk of the functionality or services provided under the Service Contract. The use of the Electronic Services involves typical risks regarding the transmission of data via the Internet, such as their dissemination, loss or access by unauthorized persons.
6. MIHI informs you that the use of the Website via a web browser or the Application, including the submission of Reservations, may be associated with the need to incur Internet connection costs (data transfer fee) or telephone connection costs, according to the tariff package of the service provider used by the Customer.
7. Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended) and other relevant provisions of universally applicable law.
8. The applicable law is Polish law. The choice of Polish law on the basis of these Terms and Conditions does not deprive the Consumer of the protection afforded to him/her on the basis of provisions that cannot be excluded by contract between MIHI and the Consumer under the law that would be applicable under the relevant regulations in the absence of the choice.
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