Mill Online Shop Terms and Conditions
These Online Store Terms and Conditions (hereinafter referred to as the ‘Terms and Conditions’) set out the main rules for using the Online Store, including, but not limited to, placing and fulfilling Orders, the complaint procedure and other Customer rights. The Online Store is operated by the Seller at www.mill.pl. The Seller and owner of the Store is:
Madonis Spółka z ograniczoną odpowiedzialnością,
postal address: MADONIS Sp. z o.o., Mesznary 2, 98-400 Wieruszów
CUSTOMER SERVICE OFFICE: +48 62 78 49 101
e-mail address: kontakt@mill.pl
KRS 00005905274h
NIP 9970153559
Share capital: 1.000.000 zł
TABLE OF CONTENTS:
1. General provisions
2. Definitions
3. Account and other services provided electronically
4. Orders and their fulfilment
5. Goods
6. Prices and payments
7. Defects in Goods. Complaints
8. Out-of-court methods of handling complaints and pursuing claims by Consumers
9. Withdrawal from the sales contract
10. Provisions concerning customers who are entrepreneurs
11. Liability
12. Final provisions
1. GENERAL PROVISIONS
1.1 The Online Shop sells products from the Madonis Sp. z o.o. range via the Internet. The Online Shop also provides free electronic services in the form of an Account, interactive forms and a Newsletter.
1.2 The Online Shop’s offer is addressed to Customers who are Consumers, entrepreneurs with Consumer rights, and Entrepreneurs using the Online Shop.
1.3 The Terms and Conditions are made available to the Customer at https://mill.pl/strona-regulaminu/ free of charge prior to the conclusion of the Sales Agreement, in a manner enabling the acquisition, reproduction and recording of the content of the Terms and Conditions.
1.4 Use of the Online Shop is tantamount to acceptance of these Terms and Conditions. If the Customer does not accept the Terms and Conditions, they should cease using the Shop.
1.5 The Customer is obliged to comply with all provisions of the Terms and Conditions. The Customer is prohibited from: a) providing data that is unlawful or infringes the rights of third parties; b) acting in a manner that violates the law or circumvents the law, as well as in a manner contrary to the principles of social coexistence or good manners; c) using the Shop in a manner that disrupts its functioning or is burdensome for the Seller and other Customers.
1.6 Sales are made on the basis of the version of the Terms and Conditions that is valid and accepted by the Customer at the time of placing the Order.
1.7 The information contained in the Online Shop does not constitute an offer within the meaning of the Civil Code, but an invitation to submit offers within the meaning of Article 71 of the Civil Code. In particular, the provisions on submitting offers in electronic form do not apply to them.
1.8 The Seller shall ensure the availability of the Online Shop to the Customer exclusively online and on condition that the Customer provides, at their own expense:
a) computer equipment with Internet access enabling the correct display of the Online Shop interface
b) installation of a web browser
c) an active e-mail account; Cookies and JavaScript enabled.
1.9 The Seller shall be entitled to change the elements and functionality of the Online Store, both by expanding it with new features and by changing existing functionalities. The Seller also reserves the right to temporarily make the Online Store unavailable due to the need to carry out repairs, maintenance, necessary adaptations, changes and other similar activities. The Seller shall not be liable for any damage resulting from such interruptions.
1.10 The Seller delivers Goods exclusively within the territory of the Republic of Poland.
2. DEFINITIONS
Whenever any of the following terms appear in the Terms and Conditions, they shall have the following meanings:
Price
The gross value of the Goods expressed in PLN. The price does not include delivery costs.
Order Fulfilment Time
The time during which the Order is completed and then handed over to the carrier for delivery of the Goods to the address specified by the Customer; the Fulfilment Time does not include delivery time.
Working Days
Means the days of the week from Monday to Friday (excluding public holidays).
Customer
A natural person, legal person or organisational unit without legal personality, which is granted legal capacity by law, purchasing Goods via the Online Store.
Consumer
This should be understood as a consumer within the meaning of Article 221 of the Civil Code, i.e. a natural person performing a legal transaction with an entrepreneur not directly related to their business or professional activity.
Account
A service provided electronically; a modifiable element of the Store, created after Registration by the Customer, in which the Customer’s information and documentation related to their Orders are collected. Having an account is not necessary in the ordering process.
Shopping basket
A service provided electronically; a form that is an integral part of the Shop’s purchasing system, in which the Customer specifies and confirms the subject and terms of the Order.
Newsletter
A service provided electronically. Through it, the Seller informs the recipients of the Newsletter, among other things, about new products available in the shop, events or other content related to the Goods sold, by periodically sending selected and edited content in the form of an electronic letter.
Internet platform
A set of cooperating IT devices and software that ensures the processing and storage, as well as sending and receiving of data via telecommunications networks using terminal equipment appropriate for a given type of telecommunications network within the meaning of the Act of 16 July 2004. – Telecommunications Law (i.e. Journal of Laws of 2017, item 1907, as amended).
Privacy Policy
A document regulating the security of privacy protection and processing of Customers’ personal data; the Privacy Policy is attached to the Terms and Conditions.
Entrepreneur
This should be understood as an entrepreneur within the meaning of Article 431 of the Civil Code, i.e. a natural person, a legal person or an organisational unit without legal personality, which is granted legal capacity by law, conducting business or professional activity on its own behalf, concluding or intending to conclude a Sales Agreement with the Seller or using the services provided by the Seller electronically.
Entrepreneur with consumer rights
A natural person concluding a Sales Agreement directly related to their business activity, when the content of the Sales Agreement indicates that it is not of a professional nature for that Entrepreneur, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
Terms and Conditions
This document sets out the terms and conditions of use of the Shop.
Online Shop (Shop)
An online platform available at www.mill.pl, owned by the Seller, through which the Customer can purchase selected Goods.
Seller
This refers to Madonis Limited Liability Company with its registered office in Mesznary, Tax Identification Number (NIP) 9970153559, REGON: 363182050, entered in the Register of Entrepreneurs kept by the District Court for Łódź Śródmieście in Łódź, 20th Commercial Division of the National Court Register, under KRS number: 00005905274, e-mail address: esklep@madonis.pl, telephone +48 62 78 49 101, which operates the Online Store and sells Goods through it.
Goods
A product available in the Online Store that may be the subject of a Sales Agreement; descriptions and properties of each Good are provided in the description on the product card.
Promotional Goods
Means a product that may be the subject of a Sales Agreement, the price of which has been reduced from the original price of the Goods. Goods that are currently Promotional Goods can be found in the ‘Promotions’ tab.
Sales Agreement
An agreement for the sale of Goods within the meaning of the Act of 23 April 1964 – Civil Code, concluded remotely in accordance with the provisions of these Terms and Conditions between the Seller and the Customer via the Shop.
Electronic Service
This should be understood as a service provided electronically by the Seller to the Customer.
Order
A declaration of will by the Customer equivalent to submitting an offer via the Online Shop, specifying in particular the type and quantity of Goods ordered, as well as other relevant terms and conditions of sale. Orders can be placed electronically via the Shop’s sales system, 24 hours a day, 7 days a week, throughout the year.
3. ACCOUNT AND OTHER SERVICES PROVIDED ELECTRONICALLY
3.1. In order to use the full functionality of the Online Store, the Customer must accept the provisions of the Terms and Conditions and register a Customer Account in the Online Store free of charge.
3.2 It is not necessary to create a Customer Account in order to place an Order in the Online Store.
3.3 By registering a Customer Account and accepting the provisions of the Terms and Conditions, the Customer makes a declaration of will expressing consent to the provision of Customer Account services by electronic means in accordance with the provisions of the Terms and Conditions.
3.4 In order to create an Account, the Customer registers the Account. Registration is initiated using the registration form available on the Store’s website. The Customer then follows the instructions and the content of the email sent to the Customer to activate the Account. Account registration is also possible during the ordering process when entering the order details.
3.5 The data entered in the Registration Form during the registration of the Customer Account should relate to the Customer and should be true. The Seller may make the registration of the Account or the use of the Shop conditional upon the verification or authentication of the data provided by the Customer during registration or posted on the Account.
3.6 During registration, the Customer provides a password, which is then used to access the Account. The Customer is obliged to protect the password and may not disclose it to third parties. The Account is non-transferable.
3.7 After confirming the registration by clicking on the activation link sent to the e-mail address provided by the Customer, an agreement for the maintenance of the Account for an indefinite period is concluded between the Seller and the Customer.
3.8 The Customer is obliged to update the Account data necessary for the execution of the Order. The Seller shall not be liable for the consequences of the Customer’s failure to provide correct or up-to-date data.
3.9 The Newsletter subscription service is provided free of charge to Customers who voluntarily agree to it. You can subscribe to the Newsletter using the form available at www.mill.pl. In order to subscribe to the Newsletter, the Customer provides their e-mail address, accepts the Terms and Conditions and Privacy Policy, and clicks the ‘Subscribe’ button, thereby concluding an agreement between the Seller and the Customer for the provision of the Newsletter service for an indefinite period.
3.10 Each contract for the provision of electronic services may be terminated by the Customer at any time without giving any reason by sending a relevant request to the Seller, in particular by e-mail to the following address: kontakt@mill.pl or in writing to the following address: Madonis Spółka z ograniczoną odpowiedzialnością, Mesznary 2, 98-400 Wieruszów. The Seller shall confirm the termination of the Agreement by sending a message to the Customer to the e-mail address provided during the registration of the Account. Agreements for the provision of electronic services, consisting in the use of forms, are concluded for a fixed period and are terminated upon sending the content of the form to the Seller or the Shop or upon ceasing to use them. The Customer may also opt out of services in the form of interactive forms by refraining from using these services.
3.11 The Seller may terminate the contract with the Customer, including by deleting the Customer’s Account, for important reasons at any time with 14 days’ notice, in particular in the following situations: a) the Customer violates the terms of the agreement and the Terms and Conditions, b) the Customer takes actions to the detriment of other Customers, third parties or the Seller, c) the Seller is obliged to terminate the agreement on the basis of applicable law.
4. ORDERS AND THEIR EXECUTION
4.1 Orders can be placed via the electronic Order form available in the Online Shop 24 hours a day, 7 days a week.
4.2 The Customer may place an Order after logging into their Customer Account or without creating a Customer Account, by providing the data indicated in the electronic Order Form necessary to complete the Order. In each of the above cases, the condition for placing an order is acceptance of the provisions of the Terms and Conditions. In the case of placing an order without creating a Customer Account, the minimum duration of the Customer’s obligations under the Agreement is the time of performance of the Sales Agreement, i.e. making the payment and collecting the Goods.
4.3 In order to place an Order via the Online Store, the Customer adds the Goods to the Basket by selecting their type and quantity and pressing the ‘ADD TO BASKET’ button, and also performs other technical actions based on the messages displayed to the Customer, including indicating the method of delivery and form of payment. The Customer then places an Order by sending an electronic Order Form to the Seller, selecting the ‘BUY AND PAY’ button on the Online Store website. The Seller will contact the Customer if the data necessary to complete the Order is incomplete or incorrect. If effective contact with the Customer is not possible, the Seller has the right to cancel the Order.
4.4 By submitting an Order, the Customer makes an offer to the Seller to conclude a Contract for the sale of the Goods covered by the Order. The Contract for the sale of Goods is concluded when the Customer receives an e-mail confirming that the Seller has accepted the Order for execution.
4.5 The Buyer is informed of the total price for the Goods covered by the Order, which includes delivery costs, before placing the Order.
4.6 When placing an Order, the Customer chooses the method of delivery of the Goods. The Goods may be delivered to the Customer: by courier or via the InPost parcel locker network.
4.7 The shipping costs are covered by the Customer. The amount of the fees depends on the choice of delivery method – courier or parcel locker. The Customer can view the price list at any time by clicking on the SHIPPING link.
4.8 The Seller shall commence the execution of the order immediately, but not earlier than on the date of crediting the payment to the Seller’s bank account and not later than within 7 days of that event.
4.9 Ordered goods are sent to the address indicated in the order form. The Seller shall immediately inform the Customer about an incorrectly completed order form which prevents shipment or may delay it.
4.10 The Customer will be notified by e-mail when the Goods are dispatched.
4.11 Regarding the fulfilment of orders, the Customer may contact the Seller by telephone at +48 62 78 49 101 or by e-mail at kontakt@mill.pl.
5. GOODS
5.1 All goods offered in the Online Shop come from a legal source, are brand new and have their original packaging.
5.2 The Seller reserves the right to change the Prices of Goods presented in the Online Store, introduce new Goods to the offer, remove Goods from the offer or change their description, and conduct promotional campaigns in the Online Store. The changes made do not affect the validity and execution of Orders previously placed by the Customer.
5.3 Photos of Goods are for illustrative purposes only, which means that the Goods in the photos may differ slightly from their actual appearance due to the individual settings of the Customer’s computer equipment (e.g. colour saturation, proportions).
6. PRICES AND PAYMENTS
6.1 The prices of goods in the Online Shop are gross prices and are given in Polish zlotys. The prices do not include shipping costs. The prices include all taxes and fees related to the sale.
6. 2 Each transaction is confirmed by a fiscal receipt or VAT invoice. The Customer declares that they agree to the use and transmission by the Seller of electronic invoices in pdf format that do not require signatures of the parties. These invoices will be sent to the Customer to the e-mail address provided by them during the finalisation of the order immediately after receipt of payment for the Order.
6.3 Payment for the ordered goods may be made via the imoje.pl electronic payment system or by bank transfer to the Seller’s bank account 96 1050 1461 1000 0090 3117 8057 maintained by ING Bank Śląski S.A.
6.4 Credit card and e-transfer transactions are settled via przelewy24 and imoje.
6.5 Payment under the concluded contract should be made immediately, but no later than within 14 days from the date of placing the order. The Seller shall commence the execution of the order once the payment has been credited to the Seller’s bank account.
6.6 If the Customer fails to make the payment within the time limit referred to in point 6.5 of the Terms and Conditions, the Seller shall set an additional time limit for the Customer to make the payment and shall inform the Customer thereof. The information about the additional deadline for payment shall also include information that after the ineffective expiry of this deadline, the Seller shall withdraw from the Agreement. In the event of the ineffective expiry of the second deadline for payment, the Seller shall send the Customer a statement of withdrawal from the agreement pursuant to Article 491 of the Civil Code.
7. DEFECTS IN GOODS. COMPLAINTS.
7.1 The Seller undertakes to deliver goods without physical or legal defects. The Seller shall be liable to the Customer who is a Consumer or an Entrepreneur with Consumer rights if the goods have a physical defect or legal defect (Warranty) within the scope specified in the Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).
7.2 In the case of sales that do not constitute consumer sales, the provisions of Articles 556-576 of the Civil Code shall not apply.
7.3 A Consumer or an Entrepreneur with consumer rights shall have the right to demand a price reduction, removal of the defect, replacement of the defective product with a new one or withdrawal from the Sales Agreement.
7.4 A consumer or entrepreneur with consumer rights may submit complaints and information related to the Seller’s failure to perform or improper performance of the Sales Agreement, including defects in the Goods, or the provision of electronic services specified in the Terms and Conditions in any form, including in particular by electronic means to the Seller’s e-mail address kontakt@mill. pl or by post to the Seller’s address: Mesznary 2, 98-400 Wieruszów.
7.5 In order for a complaint to be processed efficiently, it should include:
a. The details of the person making the complaint (name and surname/name and address of the person making the complaint, e-mail address);
b. A description of the event giving rise to the complaint;
c. Expectations regarding the manner in which the complaint will be resolved;
d. Proof of purchase, if the complaint concerns the ordered Goods.
7.6 In the case of complaints concerning defects in the Goods, the Consumer or Entrepreneur with Consumer rights is obliged to deliver the defective Goods to the Seller’s address.
7.7 Within 14 (fourteen) calendar days of receiving a complete complaint, the Seller shall respond to the complaint of the Consumer or Entrepreneur with Consumer rights and notify them of further actions related to the complaint under consideration.
7.8 If a complaint is upheld in favour of the Consumer or an Entrepreneur with Consumer rights, the costs of replacing or repairing the Goods shall be borne by the Seller.
7.9 The Consumer or Entrepreneur with Consumer rights shall be informed about the manner in which the complaint has been handled by e-mail, sent to the e-mail address provided in the complaint form.
7.10 Additional information on how to return the goods subject to complaint and how to file a complaint is available by calling: +48 62 78 49 101.
8. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS BY CONSUMERS
8.1 Detailed information on the possibility for a Customer who is a consumer to use extrajudicial means of dealing with complaints and pursuing claims, as well as the rules for accessing these procedures, is available on the website of the Office of Competition and Consumer Protection at https://uokik.gov.pl/ pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
8.2 Consumers have the following examples of options for using out-of-court complaint handling and claim settlement procedures:
a. The consumer has the right to refer the matter to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) with a request to settle a dispute arising from the Agreement concluded with the Seller (more information at: http://www.spsk.wiih.org.pl/).
b. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller (more information on the website of the inspector competent for the place of business of the Seller).
c. The consumer may obtain free assistance in resolving a dispute between them and the Seller, including free assistance from the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and by calling the consumer helpline on 801 440 220 (the helpline is open on working days from 8:00 a.m. to 6:00 p.m., and the call is charged according to the operator’s tariff). Detailed information on the possibilities for consumers to use out-of-court complaint and redress procedures and the rules for accessing these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
8.3 The President of the Office of Competition and Consumer Protection also operates a contact point (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, Warsaw), whose tasks include providing assistance to consumers in matters relating to out-of-court settlement of consumer disputes.
8.4 An online platform for resolving disputes between consumers and businesses at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court settlement of disputes concerning contractual obligations arising from an online sales contract or service contract (more information is available on the platform itself or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8.5 The Seller shall inform the Customer who is an Entrepreneur with Consumer rights about the possibility of using extrajudicial means of dealing with complaints and pursuing claims indicated in this section of the Terms and Conditions.
9. WITHDRAWAL FROM THE SALES AGREEMENT
9.1 A Consumer or an Entrepreneur with Consumer rights is entitled to withdraw from the concluded Sales Agreement, without giving any reason, within 14 days from the date of receipt of the Order. This period begins:
a. when the Goods are taken into possession by the Consumer or Entrepreneur with Consumer rights or a third party designated by them other than the carrier,
b. if the Sales Agreement covers multiple Goods that are delivered separately, in batches or in parts – when the last Good, batch or part is taken into possession,
c. if the Sales Agreement consists in the regular delivery of items for a specified period of time – from the moment the first item is taken into possession,
d. in other cases – from the date of conclusion of the Sales Agreement.
9. 2 In order to meet the deadline for withdrawal from the Sales Agreement, it is sufficient for the Consumer or Entrepreneur with Consumer rights to send information regarding the exercise of their right to withdraw from the agreement before the deadline for withdrawal from the agreement. The declaration of withdrawal may be submitted on the form, a template of which is attached as Appendix 1 to the Online Store Regulations.
9.3 In order to exercise the right to withdraw from the Sales Agreement, the Consumer or Entrepreneur with Consumer rights is obliged to provide the Seller with a statement of withdrawal, preferably by e-mail to kontakt@mill.pl or to the address of the Seller’s registered office – Mesznary 2, 98-400 Wieruszów. If the Consumer or Entrepreneur with Consumer rights exercises this option, the Seller shall immediately send the Consumer or Entrepreneur with Consumer rights confirmation of receipt of the information about withdrawal from the contract on a durable medium (e.g. by e-mail).
9.4 In the event of withdrawal from the Sales Agreement, the agreement shall be deemed not to have been concluded.
9.5 The Seller shall refund to the Consumer or Entrepreneur with Consumer rights all payments received in connection with the Sales Agreement from which the Consumer or Entrepreneur with Consumer rights withdraws, in particular the Price of the Goods and the delivery cost, whereby in respect of the refund of delivery costs, the Seller shall be obliged to refund only the cost of the standard, cheapest method of delivery of the Order offered by the Seller.
9.6 The Seller shall refund the payments received from the Consumer or the Entrepreneur with Consumer rights, including the Price of the Goods and the delivery cost, immediately, but no later than within 14 days from the date of receipt of the statement of withdrawal from the Sales Agreement sent by the Consumer or the Entrepreneur with Consumer rights, subject to point 9.7 below. The refund shall be made using the same payment method that the Consumer or Business with Consumer Rights used to pay for the Goods, unless the Seller and the Consumer or the Seller and the Business with Consumer Rights agree otherwise.
9.7 A Consumer or an Entrepreneur with Consumer rights who has withdrawn from the Sales Agreement is obliged to return the Goods to the Seller immediately, but no later than 14 days from the date of withdrawal from the agreement. To meet the deadline, it is sufficient to send the Goods back before its expiry. The returned Goods should be in a condition that does not exceed what is necessary to determine the nature of the Goods, their characteristics and functioning. The Seller may withhold the refund for the Goods until the Goods are received or until proof of their return is provided to the Seller, whichever occurs first.
9.8 The Consumer shall not have the right to withdraw from the Sales Agreement in relation to Sales Agreements:
a. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that they would lose their right to withdraw from the agreement once the Seller had performed the service;
b. where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;
c. where the subject of the service is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
d. where the subject of the service is a Product that deteriorates quickly or has a short shelf life;
e. where the subject of the service is a Product delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery;
f. where the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other items;
g. where the consumer expressly requested that the Seller visit them in order to carry out urgent repairs or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to the additional services or Products;
10. PROVISIONS CONCERNING CUSTOMERS WHO ARE ENTREPRENEURS
10.1 This section of the Terms and Conditions and the provisions contained therein apply exclusively to Customers who are Entrepreneurs.
10.2 Upon delivery of the Goods by the Seller to the carrier, the benefits and burdens associated with the Goods, as well as the risk of accidental loss or damage to the Goods, shall pass to the Customer who is an Entrepreneur. In such a case, the Seller shall not be liable for any loss, shortage or damage to the Goods arising from the moment of accepting them for transport until their delivery to the Customer, nor for any delay in the transport of the shipment.
10.3 Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Goods towards the Customer who is an Entrepreneur is excluded.
10.4 A Customer who is an Entrepreneur is obliged to check the condition of the Goods upon delivery, in the presence of a representative of the Seller or the entity performing the transport. If any damage to the shipment is found, the Entrepreneur is obliged to draw up an appropriate report.
10.5 The Seller, in accordance with the wishes of the Customer who is an Entrepreneur, shall attach a receipt or VAT invoice for the delivered Goods to the shipment.
10.6 The Seller reserves the right to refuse to fulfil Orders placed by Customers who are Entrepreneurs in the event of non-compliance with the provisions of these Terms and Conditions, as well as in exceptional circumstances due to the unavailability of the Goods on the part of the manufacturer.
10.7 Subject to mandatory provisions of law, to the maximum extent permitted by law, the Seller’s liability for damages caused to Customers who are Entrepreneurs is limited to the amount that the Customer who is an Entrepreneur paid to the Seller for the purchase of the Goods, regardless of the source and legal basis of the claim of the Customer who is an Entrepreneur, and liability for lost profits is also excluded.
10.8 With regard to Customers who are Entrepreneurs, the Seller may amend the Terms and Conditions at any time on the basis of generally applicable laws.
10.9 Any disputes arising between the Seller and a Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s registered office.
11. LIABILITY
11.1 The Customer is obliged to use the Online Store in accordance with its intended purpose and to refrain from any activity that could disrupt its proper functioning.
11.2 The Customer is prohibited from entering unlawful content into the Online Store. The Customer bears full responsibility for the correctness, scope, completeness, content and compliance with the law of the data entered and stored in the Customer’s Account.
11.3 To the extent permitted by law, the Seller shall not be liable for:
a. mail server administrators blocking the Seller’s messages sent to the Customer’s E-mail Address, or for the deletion and blocking of e-mails sent by the Seller by software installed on the computer equipment used by the Customer;
b. malfunctioning of the Online Store resulting from circumstances for which the Seller is not responsible, in particular failures, disruptions, and the fact that the Customer’s computer equipment, software or Internet access do not meet the technical requirements specified in the Terms and Conditions;
c. the consequences of the Customer providing incorrect or untrue Customer data when registering a Customer Account or placing an Order.
11.4 The Online Shop may contain links to other websites. The Seller shall not be liable for the content, form or accuracy of the information contained in these links. Viewing the content of links is at the Customer’s own risk.
11.5 The Seller reserves the right to place advertising content in any part of the Online Store in forms used on the Internet. The Seller shall not be liable for advertising content posted in the Online Store or for any claims of third parties arising therefrom.
12. FINAL PROVISIONS
12.1 The Seller reserves the right to amend the Terms and Conditions at any time.
12.2 The Seller undertakes to inform the Customer of any changes to the Terms and Conditions by posting the full text of the Terms and Conditions on the website www.mill.pl. Changes to the Terms and Conditions do not affect orders placed by the Customer before the changes to the Terms and Conditions come into force – such orders are processed in accordance with the provisions of the Terms and Conditions in force on the date of placing the order.
12.3 Amendments to the Terms and Conditions shall enter into force 14 days after their publication on the website www.mill.pl. Customers shall be notified of any amendments to the Terms and Conditions by e-mail sent 7 days before the new Terms and Conditions enter into force. If the Customer does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact, which will result in the termination of the contract for the provision of the Customer Account service.
12.4 In matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the provisions of the Act of 23 April 1964 Civil Code (i.e. Journal of Laws of 2018, item 1025, as amended) and the provisions of the Act of 30 May 2014 on consumer rights (consolidated text of 24 June 2014, Journal of Laws of 2014, item 827, as amended).
12.5 In the event of any provision of the Terms and Conditions being invalid, the remaining provisions shall remain in force, with the exception of provisions whose content, after excluding the invalid provisions, cannot be reasonably reconciled with the rest of the Agreement. The invalid provisions of the Terms and Conditions shall be replaced by valid provisions whose content corresponds as closely as possible to their economic purpose. The above shall also apply mutatis mutandis in the event of partial invalidity of any provision of the Terms and Conditions.
12.6 If it is not possible to resolve the dispute amicably, the court with jurisdiction to hear disputes shall be the Seller’s court with jurisdiction over the subject matter, and in the case of a Buyer who is a Consumer or an Entrepreneur with Consumer rights, the court with jurisdiction according to general rules.
12.7 These Terms and Conditions shall enter into force on 7 August 2024.
Available for download:
Shop rules
Model withdrawal form