statute

Terms and Conditions of online shop

  • 1

Initial provisions

The 'Miranda' online store available at the following internet address http://mirandalight.com/ is run by Miranda Bartłomiej Kocurek under the name Miranda Bartłomiej Kocurek entered in the Central Registration and Information on Business (CEIDG) kept by the minister responsible for economy, NIP 9370003076 REGON 070485537

 

  1. These Regulations are addressed both to Consumers and Businesses using the Shop and define the principles of use of the Online Store and the principles and procedures for concluding remote sales agreements with the Customer through the Store.
  • 2

Definitions

Consumer - a natural person concluding an agreement with the Seller through the Store, the subject of which is not directly related to his/her business or professional activity. 

  1. Seller - a natural person conducting business under the name Miranda Bartłomiej Kocurek, registered in  Central Registration and Information on Business (CEIDG), maintained by the Minister of Economy, NIP PL9370003076, REGON 070485537

Customer - any entity making purchases through the Store.

Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing in its own name a business, which uses the Store.

Store - an online store operated by the Seller at the Internet address http://mirandalight.com/.

Agreement concluded at a distance - agreement concluded with the Customer within an organized system of contract conclusion at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.

Rules - these regulations of the Store.

Order - Customer's declaration of will placed through the Order Form and aimed directly at concluding a Sales Agreement of a Product or Products with the Seller.

Account - client's account in the Shop, it contains data given by the client and information about orders placed by them in the Shop.

Registration form - a form available in the Store, allowing for creation of an Account.

Order form - interactive form available in the Store that enables the placement of an Order, in particular by adding Products to a Basket and determining the terms of a Sales Agreement, including the method of delivery and payment.

Shopping Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order's data, in particular the quantity of products.

Product - a movable item available in the Store / service which is the subject of a Sales Agreement between the Client and the Seller.

Sales Agreement - a contract of sale of a Product concluded or concluded between the Client and Seller via the Internet Shop. The Sales Agreement is also understood - depending on the characteristics of the Product - as the agreement for the provision of services and contract for specific work.

  • 3

Contact with the Store

Seller's address: Wyspiańskiego 14/7, 43-300 Bielsko-Biała

Seller's e-mail address: sklep@mirandalight.com

Seller's phone number: +48 531740513

Seller's bank account number: PL 48 2490 1057 0000 9902 8202 2097

The Client can communicate with the Seller using the addresses and telephone numbers given in this paragraph.

The Client may communicate with the Seller by phone between 10 am and 6 pm.

  • 4

Technical requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:

a terminal device with access to the Internet and a Firefox-type Internet browser

an active electronic mail account (e-mail),

cookies enabled,

FlashPlayer program installed.

  • 5

General information

The Seller, to the greatest extent permitted by law, is not responsible for malfunctions, including interruptions in Store operations caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Client's technical infrastructure. 

Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address information to allow the Order to be processed without creating an Account.

 

Prices given in the Store are given in Polish currency (PLN) or in Euro (EUR) and are gross prices (including VAT).

The final amount to be paid by the Customer consists of the price for the product and the cost of delivery (including fees for transport, delivery and postal services), of which the Customer is informed on the Store's website during the placement of the order, including the moment of expressing his or her will to be bound by the Sales Agreement.

In the case of a Contract covering subscription or provision of services for an indefinite period of time, the final price shall be the total price including all payments for the billing period.

When the nature of the subject matter of the Agreement does not allow, in a reasonable estimation, to calculate the final price in advance, information about how the price will be calculated, as well as charges for transport, delivery, postal services and other costs, shall be given in the Store in the Product description.

  • 6

Setting up an Account in the Store

To set up an Account in the Store, it is necessary to complete the Registration Form. It is required to provide the following data Name and Surname, address, telephone number, contact email address.

Setting up an Account in the Store is free.

Logging into an Account is done by providing a username and password established in the Registration Form.

The customer has the opportunity at any time, without giving any reason and without incurring any charges on this account by sending the appropriate request to the Seller, particularly by e-mail or in writing to the addresses given in § 3.

  • 7

Rules for placing an Order

In order to place an Order it is necessary to: 

log in to the Store (optionally);

select the Product which is the subject of the Order and then click the "Add to basket" button (or equivalent);

log in or use the possibility of placing an Order without registration;

if the option of submitting the Order without registration has been selected - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered  (method of delivery of the Product),  select the type of shipment enter the data for the invoice, if different from the data of the recipient of the Order,

click the button "Order and pay" 

choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 item 3.

  • 8

Delivery and payment methods 

The Customer may use the following methods of delivery or collection of the ordered Product:

Postal consignment, postal cash on delivery,

Courier parcel, courier parcel with cash on delivery,

The Customer may use the following payment methods:

Cash on delivery payment - available for sales and shipping within Poland

Payment by bank transfer to the account of the Seller

Electronic payment

  1. Detailed information on delivery methods and acceptable methods of payment can be found on the pages of the Store.
  • 9

Conclusion of Sales Agreement

Conclusion of the Sales Agreement between the Customer and the Seller takes place after prior submission of the Order by the Customer using the Order Form at the Online Store in accordance with § 7 of the Terms and Conditions.

After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Customer the appropriate e-mail message to the e-mail address given during the placement of the Order, which includes at least statements of the Seller about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. At the moment of receipt by the Client of the above e-mail message, the Sales Agreement between the Client and the Seller is concluded.

If the Customer chooses: 

transfer payment, electronic payment The Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.

Payment on delivery - the Customer is obliged to make payment on delivery. Payment on delivery is not possible in case of ordering modified goods e.g.: length of the power cord.

The Product shall be shipped by the Seller at the time indicated in its description (subject to § 5 of these Terms and Conditions), in the manner selected by the Customer when placing the Order. 

A: In the case of an order for Products with different delivery dates, the delivery date is the longest specified date.

In the case of orders for Products with different delivery dates, the Customer has the option to request that the Products are delivered in parts or that all Products are delivered when the Order is complete.

The start of the Product delivery period to the Customer is calculated as follows:

If the Customer chooses the method of payment by bank transfer, electronic payment - from the date of crediting the Seller's bank account.

In case of choosing by the Client the payment method on delivery - from the date of the Sales Agreement conclusion,

 

In case of ordering the Products with different dates of readiness for collection, the date of readiness for collection is the longest specified date.

 

  1. Delivery of the Product takes place in the European Union, Europe, etc.)
  2. the Product delivery to the Client is chargeable, unless the Sales Agreement provides otherwise. Costs of Product delivery (including fees for transport, delivery and postal services) are indicated to the Client on the pages of the Online Store under "Delivery Costs" and during the process of placing the Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.
  • 10

The right to withdraw 

The consumer may withdraw from the Sales Agreement within 14 days without giving any reason. It does not apply to special orders, modified for example: the length of the power cord, and used goods.

Period specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person designated by him other than the carrier.

In the case of an Agreement that includes multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 shall run from the delivery of the last item, batch or part.

The Consumer may withdraw from the Contract by submitting to the Seller a statement of withdrawal from the Contract. To preserve the deadline for withdrawal from the Agreement it is sufficient to send a statement by the Consumer before the expiry of this deadline.

The statement may be sent by traditional mail, or electronically by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. , Annex to the Act of 30 May 2014 on consumer rights, but it is not mandatory.

  1. The statement may be sent by traditional mail by sending a statement to the address of the Seller - contact details of the Seller have been specified in § 3. 

In the case of sending a statement by the Consumer electronically, the Seller shall immediately send to the Consumer at the email address provided by the Consumer confirmation of receipt of statement of withdrawal from the Agreement.

Effects of withdrawal from the Agreement:

In the case of withdrawal from the Agreement concluded at a distance, the Agreement is considered not to be concluded.

In the case of withdrawal from the Agreement the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by the Consumer.

Reimbursement of payments will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution, which will not be associated with any costs to him.

The Seller may withhold the reimbursement until it has received the Product back.

The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the date on which he informed the Seller about withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the expiry of the 14-day period.

The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back in the usual way by post.

The Consumer shall only be liable for any diminished value of the Product resulting from the use of the Product in a manner other than that necessary to establish the nature, characteristics and functioning of the Product.

  1. In the event that due to the nature of the Product can not be returned in the normal course by mail, information about this, as well as the cost of returning the Product, will be located in the description of the Product in the Store.
  2. The right of withdrawal of the contract concluded remotely does not apply to the Consumer in relation to the Agreement:

in which the subject of the supply is a thing not prefabricated, produced to consumer specification or used to meet his individual needs, and things described as used.

 

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 provision, that after the fulfillment of performance by the Seller will lose the right to withdraw from the Agreement,

in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control, and which may occur before the end of the deadline for withdrawal from the Agreement,

in which the subject of the provision are things that after delivery, because of their nature, are inseparably connected with other things,



  • 11

Complaint and warranty

 

The Sales Agreement includes new and used Products. The condition of each used Product is described in detail on the Store's website.

The Seller is obliged to provide the Customer with an item free from defects. 

  1. In case of defects in goods purchased from the Seller, the Customer has the right to make a claim under the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude the responsibility for the warranty.

 

Complaints should be submitted in writing or electronically to the addresses given in these Terms and Conditions of the Seller.

 

 

Goods returned under the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.

 

  • 12

Out-of-court complaint handling and claim investigation procedures

Detailed information about the possibility of out-of-court complaint handling and claim investigation procedures used by the Consumer and the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Regional Inspector of Commercial Inspection and at the following Internet addresses 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/ważne_adresy.php. 

The Consumer has the following examples of out-of-court complaint and redress procedures:

The Consumer is entitled to apply to a permanent amicable consumer 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 resolve a dispute arising from the Agreement concluded with the Seller. 

The Consumer is entitled to apply to the regional inspector of the Commercial Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller. 

The Consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumers Association).

  • 13

Personal data in the Internet Shop

The administrator of the personal data of the Customers collected via the Online Store is the Seller.

Personal data of the Clients collected by the administrator via the Online Store are collected for the purpose of Sales Agreement execution, and if the Client agrees - also for marketing purposes.

Recipients of the personal data of the Clients of the Internet Shop can be: 

In case of a Customer, who uses the delivery method in the Internet Shop by mail or by courier, the Administrator will make the collected personal data of the Customer available to a chosen carrier or agent, who will execute the shipment on behalf of the Administrator.

In case of a client, who uses in the Online Store electronic or credit card payment method, the Administrator shall make available collected personal data of the client to a chosen entity handling the aforementioned payments in the Online Store. 

  1. The customer has the right to access their data and correct them.
  2. Providing personal data is voluntary, although the failure to indicate in the Regulations of personal data necessary to conclude a Sales Agreement results in inability to conclude the contract.
  • 14

Final provisions

  1. Contracts concluded through the Online Store are concluded in Polish or English.
  2. Seller reserves the right to make changes to the Regulations for important reasons, such as changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
  3. In matters not covered by these Regulations shall apply universally applicable provisions of Polish law, in particular: Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act. 
  4. The customer has the right to use out-of-court methods of dealing with complaints and claims. For this purpose, he can submit a complaint through the EU online platform ODR available at: http://ec.europa.eu/consumers/odr/.