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REGULATIONS OF THE ONLINE STORE

The regulations govern purchases at the Miły Duch online store, operated at www.milyduch.com (the “Regulations”).

The current version of the Regulations is available in PDF form here, which you can download to your device.

 

 I. General Information

 

1. The owner of the online store operated via www.milyduch.com is METIERS sp. z o.o. based in Puszczykowo, address: ul. Bolesława Chrobrego 23, 62-040 Puszczykowo, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto I Wilda in Poznań, 8th Economic Department, under the KRS number 0001027613 NIP 7831877784, REGON: 524910759 (“METIERS”).
2. Controller of personal data of the Store’s clients is METIERS. Privacy Policy is available here.
3. Glossary of terms used in the Regulations:

    • 3.1. Store / Entrepreneur – an online store operated at the following address www.milyduch.com;
    • 3.2. Consumer / Client – a natural person making a legal transaction with an entrepreneur that is not directly related to his economic or professional activity.
    • 3.3. Registered Client – a Consumer who has created a Client’s Account.
    • 3.4. Unregistered Client – a Consumer who places a procurement without creating a Client’s Account.
    • 3.5. Contract concluded at a distance – a contract concluded with a Consumer within an organized system of concluding contracts at a distance, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication up to and including the conclusion of the contract;
    • 3.6. Product – goods offered for sale through the Store;
    • 3.7. Price – gross value expressed in PLN (total price including taxes), which the Consumer is obliged to pay to the Entrepreneur for the goods;
    • 3.8. Personal data – any information about an identified or identifiable natural person (an identifiable natural person is a person who can be identified directly or indirectly, in particular by name, identification number, location data, Internet identifier or one or more specific factors that determine the physical, physiological, genetic, mental, economic, cultural or social identity of a natural person).1.4.

     II. Terms of use of the Store

     

    1. The Store’s offer is directed to Consumers.
    2. Familiarization with and acceptance of the Regulations in the case of placing an order or registering a Client’s Account are voluntary, but necessary to place an order.
    3. Products offered by the Store are described in detail and include information on the main features of the Products: gross price, dimensions, materials used for their creation, availability, maximum delivery time, designation of the Product category (“Standard Product”, “Product offered for pre-order”, “Product created on individual procurement”).
    4. Information about the Products offered by the Store does not constitute an offer under the provisions of the Civil Code, but is an invitation to conclude a sales contract.
    5. Procurement can be made by both Registered Clients and Unregistered Clients.
    6. The information that the client provides in the course of order should be true and up-to-date. Transmission of data inconsistent with the state may make it difficult or impossible to deliver the order.
    7. Registered Client:

      • 7.1. Registration of a Client’s Account, secured by a password set by the Client, facilitates placing further orders and gives access to purchase history, but is not necessary to use the Store’s services.
      • 7.2. To set up a Client’s Account, follow the procedures given on the Store’s website, providing in particular: first and last name; the chosen display name (e.g. initials or nickname), which will appear if the Client decides to issue a review; billing address; e-mail.

    8. Unregistered Client – shopping without registration:

      • 8.1. Creating an account in accordance with paragraph 7 above is not necessary to place an order.
      • 8.2. To make purchases without registration, follow the procedures given on the Store’s website.

    9. Confirmation of the contract with the Store will be transmitted to the email address used by the Consumer when placing the order – after receipt of payment and shipment of the Products by the Store.
    10. For orders placed through the Store, we issue an electronic named VAT invoice for the purchased Products. The invoice will be sent to the email address that the client used when placing the order. By accepting the Regulations, the Client also accepts the sending of an electronic VAT invoice to the e-mail address provided by the Client.

       

      III. Standard products, Products offered for pre-order, and Products created to individual order

       

      1. The store offers three categories of Products:

        • 1.1. Standard Products;
        • 1.2. Products offered for pre-order;
        • 1.3. Products created on individual order.

      2. Standard Products – are all products available in the Store’s offer not marked as “Products offered for pre-order” or “Products created on individual order”. All the provisions of the Regulations shall apply to Standard Products, in particular any regulations under consumer law – excluding special provisions expressly referring to “Products offered for pre-order” or “Products created for individual order”.
      3. Products offered for pre-order:

        • 3.1. Products offered for pre-order receive a 30% discount.
        • 3.2. Products purchased in pre-order are subject to exchange for another size or another model. In this case, the client retains a 30% discount.
        • 3.3. Products offered for pre-order will be delivered on the date specified in the Product description.
        • 3.4. The client accepts that in the event of non-launch of production, the order of Products offered for pre-order will be cancelled and the amount paid will be promptly refunded.

      4. Products created on individual order – models that are in the Store’s pre-sale offer, but require special customization to meet the individual needs of the client, especially in terms of cut and size.

        • 4.1. The order of Products created on individual order of the Client applies only to Products offered for pre-order, referred to in paragraph 3 above.
        • 4.2. Products created on individual order are created by agreement with the client, according to the guidelines accepted by e-mail, after the client has paid the full price of the product.
        • 4.3. Products created on individual order are not eligible for a 30% discount.
        • 4.4. Products created on individual order are covered by a 2-year program of free repairs and modifications (including service and life extension treatments, shortening, tapering) that will increase the durability and extend the life of the Products.
        • 4.5. The right of withdrawal does not apply to goods created on the client’s individual order (see section VII of the Regulations).

       

      IV. Payment

       

      1. Prices of goods are gross prices given in PLN, except for the additional fee for express delivery within the EU, referred to in section V (2)(2.1).
      2. Prices of goods are subject to change. The Client is bound by the price current at the time of ordering.
      3. The store accepts the following payment methods:

        • 3.1. Payment card (VISA, MASTERCARD, AMEX);
        • 3.2. Apple Pay, Google Pay;
        • 3.3. BLIK;
        • 3.4. PayPal.

       

      V. Order and delivery

       

      1. Delivery methods

        • 1.1. Domestic deliveries are made via DHL courier service.
        • 1.2. Foreign deliveries are made via DHL courier service.

      2. Delivery costs

        • 2.1. Standard domestic and foreign (within the EU) deliveries are free of charge.
        • 2.2. The surcharge for international express delivery (within the EU) is 16 euros.

      3. Delivery times

        • 3.1. Delivery times vary depending on the selected Product category.
        • 3.2. The date of standard domestic and foreign (within the EU) delivery is given on the Store’s website in the description of the goods.
        • 3.3. The time limit for express foreign delivery (within the EU) is specified on the Store’s website in the description of the goods.

       

      VI. Contract cancellation and return of goods

       

       

      1. A consumer who has entered into a Contract concluded at a distance with the Store may withdraw from the contract within 14 days without stating a reason and without incurring costs – except for the costs arising from the circumstances indicated in paragraph 2 (2.3).

        • 1.1. The right of withdrawal from the contract applies to Products that do not bear traces of use. In this case, paragraph 2 (2.3) below applies.
        • 1.2. Returned Products must remain intact and sent in packaging that ensures their safe delivery (original packaging or equivalent).
        • 1.3. In order to withdraw from the contract, the Consumer shall submit a statement of withdrawal to the Entrepreneur.
        • 1.4. A model contract withdrawal form will be sent via email, along with confirmation of the contract and acceptance of the order for order performance. The model can also be found here.
        • 1.5. The period for withdrawal from the contract begins when the client or a person authorized by the client (other than the haulier) takes delivery of the goods.
        • 1.6. To meet the deadline for withdrawal from the contract, it is sufficient to send the statement before the expiration of the 14-day period referred to in paragraph 1 above to the following email address: customercare@milyduch.com
        • 1.7. The Store will immediately confirm receipt of the statement of withdrawal from the contract to the e-mail address from which the client sent the statement.

      2. In the case of withdrawal from a Contract concluded at a distance, the contract is considered not concluded.

        • 2.1. The store will reimburse the client for the payments made by the client, referred to in item 2.2 below immediately, but no later than 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract.
        • 2.2. Payments, which the Store is obliged to return, include payment for the purchased goods.
        • 2.3. The Consumer shall be liable for any diminution in the value of the goods resulting from the use of the goods beyond what is necessary to ascertain the nature, characteristics and functioning of the goods, in particular resulting from the use of the goods other than fitting (e.g. traces of use, cutting off tags, washing).
        • 2.4. Refunds will be made in the same form in which the client made the payment, unless the client expressly agrees to a different method of return that does not involve any additional costs for the consumer.

      3. The store may withhold reimbursement of payments received from the client until receipt of the returned goods.
      4. Return of goods shall be made to: Metiers sp. z o.o. ul. Chrobrego 23, 62-040 Puszczykowo.

         

        VII. Exceptions to the right of withdrawal from the contract

         

        1. Le droit de rétractation du contrat sans indication de motif et le droit de retourner les biens, visés à la section VI ci-dessus, ne s’appliquent pas au client qui achète des produits créés individuellement, créées selon les spécifications du client ou répondant à ses besoins individuels, conformément à la section III, paragraphe 4, des CGV.
        2. Les produits créés individuellement sont couverts par un programme de réparations et de modifications gratuites duant 2 ans (y compris l’entretien et les traitements de prolongation de la durée de vie, le raccourcissement, l’amincissement) qui augmenteront la durabilité et prolongeront la durée de vie des produits.

         

        VIII. Claim for non-conformity of goods with the contract

        1. The goods are in conformity with the contract if:

          • 1.1. In particular, their description, type, quantity, composition remain in accordance with the contract;
          • 1.2. They are suitable for the purposes for which goods of this kind are normally used; they have the characteristics, including durability and safety, that are typical of goods of this kind and that the consumer can reasonably expect, taking into account the nature of the goods and the public assurances made by the trader, particularly in advertising or on the label;
          • 1.3. They were delivered with packaging, accessories and instructions that the consumer can reasonably expect to receive;
          • 1.4. They are of the same quality as the sample or model that the Entrepreneur made available to the Consumer prior to the contract, and correspond to the description of such sample or model.

        2. The Store shall not be liable for non-conformity of the goods with the contract if the Consumer, at the latest at the conclusion of the contract, was expressly informed that a specific feature of the goods deviates from the requirements for conformity with the contract specified in paragraph 1 above, and expressly and separately accepted the lack of a specific feature of the goods.
        3. Consumer’s rights in case of non-conformity of goods with the contract – demand for repair or replacement:

          • 3.1. If the goods do not conform to the contract, the Consumer may request repair or replacement.
          • 3.2. The Store may make an exchange when the Consumer requests a repair, or the Store may make a repair when the Consumer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Entrepreneur. If repair and replacement are impossible or would require excessive costs for the Entrepreneur, he may refuse to bring the goods into conformity with the contract.
          • 3.3. In assessing the excessive cost to the Entrepreneur, all circumstances of the case shall be taken into account, in particular, the significance of the non-conformity of the goods with the contract, the value of the goods in conformity with the contract and the excessive inconvenience to the Consumer caused by the change in the manner of bringing the goods into conformity with the contract.
          • 3.4. The Store shall repair or replace within a reasonable time from the moment the Store was informed by the Consumer of the lack of conformity with the contract, and without undue inconvenience to the Consumer, taking into account the specifics of the goods and the purpose for which the Consumer purchased them. The Entrepreneur shall bear the cost of repair or replacement, including, in particular, postage, freight, labour and materials.
          • 3.5. The Consumer shall make available to the Entrepreneur the goods to be repaired or replaced. The Entrepreneur collects the goods from the consumer at his own expense, in the manner agreed via e-mail.
          • 3.6. The Client is not obliged to pay for the ordinary use of the goods, which were subsequently replaced.

        4. The Consumer’s rights in case of non-conformity of goods with the contract – price reduction or withdrawal from the contract:

          • 4.1. If the goods are inconsistent with the contract, the Consumer may make a statement of price reduction or withdrawal from the contract when:
            • 4.1.1. The Entrepreneur refused to bring the goods into conformity with the contract or failed to bring the goods into conformity with the contract in accordance with paragraph 3 above;
            • 4.1.2. The lack of conformity of the goods with the contract continues, even though the Entrepreneur has tried to bring the goods into conformity with the contract;
            • 4.1.3. The lack of conformity of the goods with the contract is so significant that it justifies either a reduction in price or cancellation of the contract without first resorting to the protections set forth in palate 3 above;
            • 4.1.4. It is clear from the Entrepreneur’s statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
          • 4.2. The reduced price must remain in such proportion to the price under the contract as the value of the non-conforming goods remains to the value of the conforming goods.
          • 4.3. The Entrepreneur shall return to the Client the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on price reduction.
          • 4.4. The Consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. The failure of the goods to conform to the contract is presumed to be material.
          • 4.5. If the non-conformity with the contract applies only to some of the goods delivered under the contract, the Consumer may withdraw from the contract only with respect to those goods, as well as with respect to other goods purchased by the Consumer together with the non-conforming goods, if the Consumer cannot reasonably be expected to agree to retain only the non-conforming goods.
          • 4.6. In the event of withdrawal from the contract, the Consumer shall immediately return the goods to the Entrepreneur at his expense. The Entrepreneur shall refund the price to the Consumer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
          • 4.7. The Entrepreneur shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs to the Consumer.

        5. Complaints can be submitted through the following communication channels:

          • 5.1. By email at: customercare@milyduch.com;
          • 5.2. By using the contact form available here;
          • 5.3. By means of instant messaging: WhatsApp +48 780 780 824;
          • 5.4. By traditional mail: METIERS sp. z o.o. Based in Puszczykowo, ul. Bolesława Chrobrego 23, 62-040 Puszczykowo.

        6. The Store is obliged to respond to the Consumer’s complaint within 14 days of receipt. The answer should be provided in a tangible medium (including by e-mail, instant messaging, text message).
        7. If no response is given in the form and within the timeframe indicated in paragraph 6 above, the complaint shall be considered accepted.

           

          IX. Contact Details

           

          Contact with the Store is possible through the following channels:

            • Email: contact@milyduch.com
            • Orders, returns and complaints: customercare@milyduch.com
            • Orders made in pre-order: preorder@milyduch.com
            • Repair service: repairing@milyduch.com
            • Press: press@milyduch.com
            • Phone No.: +48 780 780 824 (charge according to the Client’s operator’s tariff) – open from Monday to Friday from 9 am to 5 pm.
            • Traditional mail: METIERS sp. z o.o. Based in Puszczykowo, ul. Bolesława Chrobrego 23, 62-040 Puszczykowo

             

            X. Services provided by the Store electronically

             

            1. The Store provides the following services electronically:

              • 1.1. Conclusion of contracts for the sale of Products online, in accordance with these Regulations;
              • 1.2. Creating a Client’s Account.

            2. Using the services of the Store is possible after meeting the following conditions:

              • 2.1. Access to the Internet and a web browser;
              • 2.2. Having an email address.

             

            XI. Final provisions

             

            1. The Regulations take effect on October 10, 2023.
            2. In matters not regulated in the Regulations, the provisions of Polish law shall apply, in particular the Law of 23.04.1964 Civil Code (ie. Dz. U. [Journal of Laws] of 2023, item 1610, as amended), the Law of 30.05.2014 on consumer rights (ie. Dz. U. [Journal of Laws] of 2020, item 287, as amended) and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR) (OJ. EU L of 2016, No. 119, p. 1, as amended).
            3. Any disputes arising under the contract between the Consumer and the Store, the Parties will try to resolve amicably, using out-of-court dispute resolution methods, such as mediation, conciliation or arbitration. The current register of specialized institutions, as well as details of alternative methods of resolving consumer disputes, are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/. Resolution of disputes in the manner indicated above shall be voluntary and subject to the consent of both Parties.4.
            4. The Consumer has the right to use out-of-court dispute resolution and redress through the ODR (Online Dispute Resolution) interactive platform, in accordance with the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/EC. The ODR platform is an interactive tool made available to European Union consumers through which they can file a complaint. For more information on the ODR platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL.
            5. The Store reserves the right to change the Regulations as a consequence of changes in common law regulations or the practice of its application by public authorities, as well as changes in the services offered or editorial corrections. Contracts concluded before the amendment of the Regulations shall be governed by the Regulations in the version in effect at the time the contract was concluded. Archived regulations can be found here.

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