Terms and conditions
§ 1. DEFINITIONS
Whenever these regulations refer to:
1. MIA – it should be understood as the company MIA sp. z o.o. with headquarters in Krakow, Poland (National Court Register no.: 0000014077, Taxpayer Identification Number: 9441831901, National Business Registry Number: 357023651), address: ul. Półłanki 22,30-740 Kraków.
2. Seller – it should be understood as MIA.
3. Buyer –it should be understood as a natural person, a legal person or an organizational unit that is not a legal person, to whom specific legal provisions grant legal capacity, who makes Orders within the Online Store. The Buyer can only be a person with full legal capacity within the meaning of the Civil Code.
4. Consumer – it should be understood as a Buyer that is a natural person who performs a legal action with MIA that is not directly related to its business or professional activity.
5. Entrepreneur – it should be understood as the Buyer within the meaning of art. 4 of the Act of 6 March 2018 on Entrepreneurs’ Law.
6. Online store – it should be understood as the internet service available at the address www.immifloor.com, through which the Buyer may, in particular, submit Orders.
7. Product – it should be understood as products presented in the Online Store.
8. Order – it should be understood as a declaration of intent of the Buyer aiming directly at the conclusion of the Product Sales Agreement with the Seller, specifying in particular the type and number of Products.
9. Regulations – it should be understood as the Online Store Regulations on the website www.immifloor.com.
10. Carrier – it should be understood as a courier company UPS or GEIS, which will deal with the delivery of Products.
11. Registration – it should be understood as filling out and accepting the registration form, available on the Online Store website, conditioned by the submission of a statement on reading and accepting the content of the Regulations and providing personal data marked as mandatory.
12. Sales contract – it should be understood as a sales agreement within the meaning of the Civil Code, concluded between MIA and the Buyer, concluded with the use of the Online Store.
13. Civil Code – it should be understood as the Act of 23 April 1964 (OJ of 1964 No. 16, item 93, as amended).
14. Code of Civil Procedure – it should be understood as the Act of November 17, 1964 (Journal of Laws of Laws of Laws of 2011, No. 55. of January 19, 2018).
15. Entrepreneurs Act – it should be understood as the Act of March 6, 2018 (OJ 2018.646 of March 30, 2018).
16. Consumer Rights Act – it should be understood as the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827).
17. United Nations Convention – it should be understood as the United Nations Convention
on contracts for the international sale of goods, drawn up in Vienna on April 11, 1980 (Journal of Laws 1997, 45.286 of May 13, 1997).
§ 2. GENERAL CONDITIONS
1. MIA runs an online store in the field of retail and wholesale mail order sales addressed to Consumers and Entrepreneurs, including floor.
2. Sales are carried out in the following countries: Austria, Belgium, France, Spain, Germany, the United Kingdom and Italy.
3. The prices of Products listed in the Online Store are prices expressed in EURO (EUR) including Value Added Tax (VAT). These prices do not include shipping costs, which are presented in § 5 para. 7 of the Regulations.
4. Product photos in the Online Store are only examples. The colors shown in the pictures may actually differ from the printouts or presentations on the computer monitor. The person concerned, before submitting the Order, should thoroughly check whether each element of the Product corresponds to their expectations. Additional information about the Products is available by phone or via email.
5. Contact with MIA is possible:
1) in writing at the address referred to in § 1 para. 1 of the Regulations,
2) electronically at the e-mail address: email@example.com on weekdays from Monday to Friday, which are not statutory days off from work in Poland from 9:00 a.m. to 5:00 p.m.,
3) by phone at the phone number: + 48 12 264 00 30 on weekdays from Monday to Friday, which are not statutory days off from work in Poland from 8:00 a.m. to 4:00 p.m.,
6. The technical activities that make up the procedure for concluding the Contract of sale are described in § 3 of the Regulations („Submission and acceptance of orders”). MIA and the Buyer are parties to the Sales Contract. By submitting the Order, the Buyer declares at the same time that he has full legal capacity.
§ 3. SUBMISSON AND ACCEPTANCE OF ORDERS
1. The Sales Contract is concluded via the Online Store, seven days a week, twenty-four hours a day.
2. The Sales contract is concluded in English.
3. In order to conclude the Sales Contract, the Buyer, using the Online Store, selects the Products, gains access to subsequent tabs by pressing the appropriately marked interactive buttons and enters data by selecting or filling boxes of interactive forms (icons). Fields marked with (*) are fields whose selection (completion) is mandatory in order to conclude a Sales Contract, without marking (completion) which it is not possible to conclude a Sales Contract. If errors are detected in the entered data, in order to correct them, the Buyer can edit the form at any time. The buyer also has the option of starting a so-called account. Creating an account allows, after logging in, among others access to information regarding the status of the Order and pre-ordered Products.
4. The choice of Products is possible using the button next to the Product card – „Add to cart”. If the purchase of a given Product is not currently available, next to the Product card, there is information reading „unavailable” or other with similar content. The Buyer may also choose the quantity of ordered Products.
5. Continuation of the procedure of conclusion of the Contract of sale is possible after pressing the button „My cart”. In the „My Cart” tab, the Buyer gets access to information about selected Products, their quantity, prices of particular Products and the total price of selected Products. The Buyer can change the number of selected Products. After clicking the „Update Cart” button, the Buyer may continue to add Products to the cart.
6. Next, after pressing the „Proceed to Checkout” button, the Buyer can fill in the fields in the „Purchase data” form. In the situation when the parcel is to be delivered to another person or to an address other than indicated by the Buyer in the form „Purchase data”, after selecting the „Data for shipment” field, the Buyer can fill in the fields in the „Shipping data” form. In any case, the given delivery address must be an address in the countries to which the sale is made (cf. § 2 para. 3 of the Regulations). The Buyer also has the option to set up an account referred to in § 3 para. 3 of the Regulations.
7. In the „Comment” field, the Buyer has the possibility to provide comments regarding the order or delivery; these comments are not binding for the Seller, who will, however, try to implement them as much as possible; the performance of the Sales Contract by the Buyer is not conditional upon the Seller realizing the comments contained in the „Comment” field.
8. In the „Your Order” tab, the Buyer has the option of choosing one of the payment methods referred to in § 4 para. 1 of the Regulations. In the „Your Order” tab, the final number of selected Products, their unit value and total value is also visible.
10. After entering the data in the „Purchase data” form, the „Your Order” tab will display the automatically calculated delivery price, which will be added to the final price of the entire Order. The delivery price is calculated automatically depending on the total amount and weight of the products.
11. Continuation of the procedure of concluding the Contract of sale is possible after pressing the „Submit order” button.
13. By clicking the „Submit Order” button, you submit a binding Order for Products in the Cart. Submission of Order will be confirmed by email immediately after its submission. The conclusion of a binding Sales Contract takes place with the receipt of the Order confirmation by the Buyer. From this moment, the Seller is obliged to fulfill the Order in accordance with the terms of the Sales Contract, and the Buyer is obliged to pay the price and pick up the ordered Product.
14. The Buyer will be automatically redirected to the website enabling payment to be made depending on the chosen method of payment referred to in § 4 para. 1 of the Regulations. The condition for completing the Order by the Seller is payment by the Buyer of the purchase price. Payment of the purchase price is meant as payment of the price for the ordered Products and shipping costs, referred to in § 5 sec. 7 (?) of the Regulations. The Buyer has 60 minutes for payment. In the event of ineffective expiration of the term, the Sales Contract is terminated without the need to submit any statements by the Seller. In such a case, the Seller shall send to the e-mail address provided by the Buyer information on the cancellation of the Order.
15. If the Buyer provides incomplete or, of obviously false data, the Seller reserves the right to refrain from execution of the Order until the doubts are clarified. If the data provided by the Buyer allow it, the Seller will contact the Buyer to clarify the doubts.
16. In the e-mail message referred to in § 3 para. 13 of the Regulations there will also be a link to the Regulations. This allows the Buyer to go to the Regulations and print it in order to preserve its content in writing. In case of not receiving an e-mail, message referred to in § 3 para. 13 of the Regulations, the Buyer is asked to contact MIA.
19. In each case, the Seller reserves the right to contact the Buyer by phone in order to verify the order.
§ 4. REGULATIONS FOR PAYMENT OF THE PURCHASE PRICE
1. Payments can be made as follows:
1) payment via „PayPal”,
2) payment via „PayU”.
2. In case of choosing the „PayPal” payment method, the payment is made via the financial services provider „PayPal” (Europe) S.a.r.l. et Cie S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. When making the payment, the terms and conditions of the PayPal service are applicable at the address https://www.paypal.com/pl/webapps/mpp/ua/legalhub-full?locale.x=pl_PL.
3. If the „PayU” payment method is chosen, the payment is processed through the financial services provider PayU Spółka Akcyjna with its registered office in Poznań, at ul. Grunwaldzka 182, entered into the register of entrepreneurs of the National Court Register maintained by the District Court Poznań-Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under National Court Register number 0000274399, Taxpayer identification number 7792308495, National Business Registry Number 300523444. When making the payment, the terms and conditions of using the PayU website are applicable at the addresshttps://www.payu.pl/regulaminy.
4. The payment by the Buyer of the purchase price is tantamount to transaction authorization.
§ 5. ORDER EXECUTION AND DELIVERY OF PRODUCTS
1. The execution of Order by the Seller consists in completing the Products being the subject of the Sales Contract, their additional packaging as described in § 6 para. 1 of the Regulations and shipment containing Products to the place indicated by the Buyer. The standard delivery time is from 30 to 90 days and starts from the date of transaction authorization.
2. Sending a shipment containing Products takes place by courier via the Carrier, that is UPS or GEIS courier companies. Regulations of Carriers are available at https://www.ups.com/pl/pl/help-center/legal-terms-conditions/service.page andhttps://www.geis.pl/pl/dokumenty-przesylki-kurierske. Shipments are dispatched on weekdays from Monday to Friday, which are not statutory days off from work in Poland. The carrier always makes two attempts to deliver the parcel and in the absence of the addressee, leaves a non-delivery notice for contact. Shipments sent to the addresses of companies, hospitals, hotels, banks, public administration offices, etc. can be delivered to the reception or secretariat and in such cases, they will not be delivered to the recipient’s own hands.
4. Selection of the Carrier is made automatically depending on the quantity, weight and size of the Products selected by the Buyer.
5. Information about Order execution is available by e-mail, by telephone or if the Buyer has set up an account referred to in § 3, subpara. 3 of the Regulations, the order history is visible after logging in to the Online Store.
6. The value of each Order is increased by cost of shipment.
7. Shipping cost depends on the quantity, weight and size of the Products ordered by the Buyer and is visible in the „Your Order” tab in the „Delivery” category, which is available below the price of Products ordered by the Buyer.
8. A VAT invoice is issued for each contract. The VAT invoice is sent in paper form – as an attachment to the order – to the address of the Buyer.
9. Entrusting the shipment to the Carrier by the Seller shall be deemed as release of product to the Buyer. If the Product is to be sent to the Buyer who is a Consumer, release of products to the Buyer will be recognized as handing over the parcel to the addressee or the person authorized to collect the parcel on behalf of the addressee by the Carrier.
10. If the Buyer finds that during transport there has been a violation of shipment, he is required, prior to accepting the parcel, to request the carrier to draw up a report stating the damage. If, after delivery of the parcel, a defect or damage which couldn’t be observed from the outside is noticed upon receipt, the Buyer is obliged to report this fact to the Carrier immediately after revealing the damage, however not later than within seven days of receipt of the shipment. In other cases, acceptance of shipment without reservations shall result in the expiration of claims for loss or damage during carriage.
11. Uncollected shipments are returned to the Seller. The Product may be re-sent by the Seller at the expense of the Buyer via a Carrier, based on separate arrangements between the Parties.
§ 6. COMPLAINT PROCEDURE
1. Each product is packed in original packaging. In addition, the Product or Products making up the Order are properly protected against abrasions, scratches and scrapes before shipment.
2. The Seller’s obligation is to provide the Buyer with a Product without defects. The Seller is liable to the Buyer if the Product has a physical or legal defect (warranty). A physical defect is the non-compliance of the Product with the contract. In particular, the Product is inconsistent with the contract if:
1) it does not have properties that this kind of item should have due to the purpose in the Sales Contract marked or resulting from the circumstances or destination;
2) it does not have properties the existence of which the Seller has assured the Buyer of, including when presenting a sample or pattern;
3) it is not suitable for the purpose of which the Buyer informed the Seller when the Sales Contract was concluded, and the Seller did not raise any objections to such a purpose;
4) it has been delivered to the Buyer incomplete.
3. If the Product has a defect, the Buyer may submit a statement of price reduction or withdrawal from the Sales Contract, unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective Product with a product free from defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the Product with a product free from defects or to remove the defect. If the Buyer is a Consumer, he may, instead of removal of the defect proposed by the Seller, demand replacement of the Product with a product free from defects or instead of replacement of the Product, demand the defect to be removed, unless it is impossible for the Product to comply with the Sales Contract in a manner chosen by the Buyer who is a Consumer or it would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of defect stated are taken into account, furthermore the inconveniences to which the Buyer would be exposed in case of another manner of satisfaction are also regarded the reduced price should remain in such proportion to the price resulting from the Sales Contract, in which the value of the Product with the defect remains to the value of the Product without a defect. The Buyer cannot withdraw from the Sales contract if the defect is irrelevant.
4. If the Product has a defect, the Buyer may request replacement of the Product free of defects or removal of the defect. The Seller is obliged to replace the defective Product with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the Buyer. The Seller may refuse to satisfy the Buyer’s request if it is impossible to bring the defective Product into conformity with the Contract in the manner chosen by the Buyer or would require excessive costs in comparison with the second possible way to bring it into conformity with the Sales Contract. If the Buyer is an Entrepreneur, the Seller may refuse to replace the Product with a product free from defects or to remove the defect also when the cost of compensation for this obligation exceeds the price of the Product.
5. A complaint regarding a physical defect of the sold Product should be sent in writing to the address of the Seller indicated in § 1 para. 1 of the Regulations. It is allowed to submit a complaint using e-mail to the e-mail address of the Seller indicated in § 1 para. 6 b) of the Regulations. In order to enable the Seller to resolve the complaint, the Buyer is obliged to send the Product subject to complaint to the Seller at the expense of the Seller in an amount not higher than the cost of shipment using the Carrier referred to in § 5 para. 7 (?) of the Regulation.
6. The Seller is obliged to respond to the complaint within 14 days from the date of its receipt along with the product being the subject of complaint. If the complaint is accepted, further course of action depends on the statements or claim requests made by the Buyer, in accordance with para. 3 and 4 above:
1) in the case of effective withdrawal by the Buyer from the Sales Contract, the Buyer is obliged to return to the Seller everything that the Buyer has received from the Seller under the Sales Contract, and the Seller is obliged to accept it; The Buyer who has withdrawn from the Sales Contract may demand not only the return of what he has provided, but also on the general principles of remedying the damage resulting from the default; return of the benefit to the Buyer who is a Consumer should take place immediately;
2) replacement of Product to one free from defects or removal of defects should take place within the next 14 days;
3) the return of difference between the price paid by the Buyer and the reduced price as per his request should take place within the next 14 days.
7. The Seller will not accept the complaint:
1) based on the difference in technical parameters (colors, resolution, etc.) of the Products resulting from various settings of the computer monitor,
2) based on the difference in the weight of Product of +/- 2% compared to the one given in the Online Store.
8. If the complaint is not taken into consideration, the Product subject to complaint may be re-sent by the Seller at the expense of the Buyer via the Carrier.
§ 7. WITHDRAWAL FROM CONTRACT
1. According to art. 27 of the Act on Consumer Rights, the Buyer who is a Consumer who concluded a distance contract may withdraw from the Sales Contract without providing reasons and without incurring costs, by submitting a relevant statement within fourteen days.
2. The period for withdrawing from the contract begins:
1) for the Sales Contract, under which the Seller issues the item, being obliged to transfer its property – from taking possession of the item by the Buyer being a Consumer or a third party designated by the Buyer other than the Carrier,
2) for other Contracts – from the day of concluding the Contract.
A letter with declaration of withdrawal from the Sales Contract should be sent within the time limit referred to in § 8 para. 1 of the Regulations, to the address of the Seller indicated in § 1 para. 1 of the Regulations. To comply with the deadline, it is enough to send a statement before its expiry. An online form is available via the Online Store, which can be used when submitting a declaration of withdrawal from the Sales Contract.
3. In the event of withdrawal from the Sales Contract, it is considered not concluded.
4. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the statement of withdrawal from the Sales Contract, return to the Buyer being a Consumer all payments made by him, including the cost of delivering the Product. The payment is returned using the same method of payment as used by the Buyer who is a Consumer, unless the Buyer who is a Consumer expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to pick up the item from the Buyer who is a Consumer, he may withhold the payment until the Product is returned or the Buyer who is the Consumer delivers proof of its return, depending on which event occurs first. If the Buyer being a Consumer chose the method of delivery of the item other than the cheapest usual delivery method offered by the Seller, the Seller shall not be obliged to return the additional costs incurred to the Buyer who is a Consumer.
5. The Buyer being a Consumer is obliged to return the Product to the Seller or forward it to the person authorized by the Seller to receive it immediately, but not later than 14 days from the date on which he resigned from the Sales Contract, unless the Seller suggested that he will collect the Product. To meet the deadline, it is enough to return the Product before its expiry.
6. Direct costs of returning the Product shall be borne by the Buyer. Shipments against postage or cash on delivery will not be accepted by the Seller.
7. The product returned by the Buyer should be sent back to the Seller’s address referred to in § 1 section 1 of the Regulation.
8. The Buyer being a Consumer is liable for the decrease in value of the Product as a result of its use in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product, unless the Seller has not informed the Buyer who is a consumer of the right to withdraw from the contract in accordance with the requirements of art. 12 para. 1 point 9 of the Consumer Rights Act.
9. The right to withdraw from the Sales Contract is not vested in the Buyer who is a Consumer in relation to contracts in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs.
§ 8. PERSONAL DATA PROTECTION
§ 9. LIABILITY
1. In the event of a breach of the terms of these Regulations, the Seller is only liable for damages which are – to a reasonable extent – foreseeable consequences of such breaking the rules.
2. The Seller shall not be liable for indirect damages which are a side effect of the main loss or damage – for example for loss of profit or business opportunities, for failure to deliver the Product or failure to fulfill other obligations under these Regulations.
3. The Seller is not liable for non-delivery of the Product or failure to fulfill other obligations under these Regulations, if such failure is caused by an event on which the Seller has no influence, including by fire, flood, storm, riots, public order disorder, war, nuclear disaster or terrorist activity.
4. The maximum liability of the Seller for any damages resulting from placing an Order via the Online Store may not exceed the total cost of the Order including the price for Products and shipping costs.
5. No provisions in these Regulations shall exclude or limit the liability of the Seller in any matters for which it would be unlawful to exclude or limit liability.
6. In the performance of the obligation imposed on the Seller, he provides an electronic link to the ODR platform: http://ec.europa.eu/odr, reserving, however, that he does not intend to participate in proceedings in extrajudicial cases for the settlement of consumer disputes.
§ 10. FINAL PROVISIONS
1. The Seller reserves the right to make changes to the Regulations.
2. If the Buyer is a Consumer, then Polish law applies to all legal relations between the Parties, including the Civil Code provisions regarding sales, without prejudice to the protection that the mandatory provisions of State law of their place of residence provide to Consumers if it is located within the Union European Union.
3. If the Buyer is an Entrepreneur, then for all legal relations between the parties, Polish law applies, including the provisions of the Civil Code on sale, excluding the United Nations Convention.
4. Any disputes arising in connection with failure to perform or improper performance of the Sales Contract concluded with the Buyer as an Entrepreneur will be settled by a common court with a seat in Krakow, competent for the area of operation covering part of the city of Krakow within the limits established traditionally for the administrative district of Krowodrza.
5. The Regulations are effective from July 10, 2018.