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Regulations

§ 1.

General provisions

  1. These regulations (hereinafter: “Regulations“) define the terms and conditions of using the MINOU Cashmere online store operating at the internet address www.minou.pl (hereinafter: “Store“).
  2. The owner of the Store is Natalia Rochacka, running a business under the name MINOU Cashmere Natalia Rochacka (address of the permanent place of business: ul. Jana Sobieskiego 10 lok. 73, 02-957 Warsaw), entered into the Business Activity Central Register and Information Record, with NIP: 5251010211, REGON number: 010930263 (hereinafter: “The Seller“).
  3. The contact with the Seller is possible via:
    • e-mail at: sklep@minou.pl;
    • traditional mail at the address: ul. Jana Sobieskiego 10 lok. 73, 02­957 Warsaw;
    • by phone: + 48 690 120 096.
  1. As part of its activities, the Seller sells clothing products (hereinafter: “Products“) that can be purchased by the Buyers using the Store.
  2. Information about the Products available in the Store, in particular their descriptions, technical and functional parameters and prices constitute an invitation to enter into sales agreement within the meaning of article. 71 of the statute of 23 April 1964, the Civil Code (hereinafter: the “Civil Code“).
  3. Before using the Store, the Customer is obliged to read the Regulations and the Privacy Policy.

§ 2.

Definitions

Capitalized terms used in the Regulations have the following meanings:

  1. Customer – User or Buyer;
  2. The Civil Code – a term defined in § 1 clause 5 of the Regulations;
  3. Consumer – a natural person who undertakes a legal act with the Seller not related directly to its business or professional activity;
  4. Account – a panel created in the Store’s IT system, enabling the User to use its functionality, in particular to purchase Products;
  5. The Buyer – a person who is a Consumer, Entrepreneur or Entrepreneur with the rights of a Consumer, who entered into the Sales Agreement with the Seller or took steps to enter into it;
  6. Privacy Policy – a document containing information on the processing of personal data by the Seller;
  7. Product – a term defined in § 1 clause 4 of the Regulations.
  8. Entrepreneur – a natural person, legal person or an organizational unit without legal personality, whose special provisions grant legal capacity, conducting business or professional activity on its own behalf;
  9. Entrepreneur with the rights of a Consumer – a natural person running a business or professional activity on his own behalf, who has entered into Agreement with the Seller directly related to his business activity, but not having a professional nature for that person, resulting in particular from the subject of his business activity;
  10. Regulations – the term defined in § 1 clause 1 of the Regulations
  11. The Seller – the term defined in § 1 clause 2 of the Regulations.
  12. Agreement – a Sales Agreement or an Agreement for the Account Service;
  13. Agreement for the Account Service – an agreement for electronic services within the meaning of the Statute on electronic services, the subject of which is the free creation and maintenance of an Account by the Seller for the benefit of the User for an indefinite period;
  14. Sales Agreement – a sales agreement within the meaning of the provisions of the Civil Code, the subject of which is selling a Product to the Buyer selected by him available in the Store;
  15. Consumer Rights Act – the act of the 30th May 2014 on consumer rights;
  16. The Act on providing services by electronic means  – the act of the 18th July 2002 on the provision of services by electronic means;
  17. User – a person who is a Consumer, Entrepreneur or Entrepreneur with the rights of a Consumer, who entered into Sales Agreement with the Seller or took steps to enter into it;
  18. Order – the Buyer’s statement to the Seller which specifies the number and type of Products that the Buyer wants to purchase.

§ 3.

Technical requirements

  1. In order for the Customers to use the services available in the Store correctly, the following conditions must be met jointly:
    • connection to the Internet,
    • having devices that allow you to use the resources of the Internet;
    • using a web browser that allows displaying hypertext documents on the device screen, connected in the Internet via a WWW service and supports the JavaScript programming language and accepts cookies (recommended browsers: Mozilla Firefox version at least 24.0, Opera from version 10, Google Chrome version 28.0 or newer, MS Internet Explorer version minimum 8.0 or newer);
    • having an active e-mail account (email).
  1. Within the scope of the Store, it is prohibited for customers to use viruses, bots, worms or other computer codes, files or programs (in particular, those that automate the processes of scripts and applications or other codes, files or tools).
  2. The Seller informs that it uses cryptographic protection of electronic transfer and digital content by using appropriate logical, organizational and technical measures, in particular, to prevent third parties from accessing data, including SSL encryption, the use of access passwords and anti-virus programs or against unwanted software.
  3. The Seller informs that despite the use of the security referred to in clause 3 above, the use of the Internet and services provided by electronic means may be at risk of getting into the ICT system and the Customer’s device, malware or gaining access to data on this device by third parties. In order to minimize this risk, the Seller recommends the use of anti-virus programs or measures to protect identification on the Internet.

§ 4.

General rules of using the Store

  1. The Customer is obliged to use the Store in a manner consistent with the provisions of the generally applicable law, the provisions of the Regulations, as well as good practices.
  2. The provision of illegal content by the Customer is prohibited.

§ 5.

Creation of an account.

  1. Creating an Account is voluntary, which means that the Buyer may purchase Products available in the Store without the need of creating it.
  2. In order to create an Account, the User should perform the following steps:
    • enter the Store’s website;
    • click on the “Login/Registration” tab, and then select the “Register” option;
    • in the form that appears, enter the following mandatory data:
      • email address,
      • Account password created by the User;
    • check the box next to the declaration of reading and accepting the Regulations and the Privacy Policy;
    • click “Register”.
  1. The User gains access to the Account immediately after clicking the “create an account” option. By clicking the “create an account” option, the User concludes an Agreement for the provision of the Account Service.
  2. After creating the Account, the User may supplement the mandatory data stored on it with the following optional data: name and surname, billing address and delivery address.
  3. Using the Account, the User may, in particular, store his data and view the placed Orders.
  4. The User may terminate the Agreement for the Account Service at any time and without giving any reason with an immediate effect. For this purpose, he should send a request to the Seller to delete the Account by e-mail. In the event of receiving a request to delete the Account, the Seller shall delete it no later than within 5 working days from the date of receipt of the request.
  5. The Seller may terminate the Agreement for the Account Service with an immediate effect and delete the Account, if the User, despite a prior request to stop violations within 3 business days, uses the Store in a manner inconsistent with generally applicable law, the provisions of the Regulations, and with good practices or provides unlawful content.
  6. The deletion of the Account does not affect the performance of the Sales Agreements entered into by the User prior to the Account deletion.

§ 6.

Purchasing Products

  1. The prices of the Products available in the Store are expressed in Polish zlotys (PLN) and constitute gross values (they include all mandatory price components, including VAT due).
  2. The Buyer may purchase Products both after creating an Account and without creating it. If an Account is created, the Buyer should log into it before starting shopping.
  3. In order to purchase the Product, the Buyer should perform the following steps:
    • enter the Store’s website;
    • enter the tab of the selected product and click “Add to cart”;
    • enter the “Cart” tab and click “Order”;
    • in the displayed form, enter or select the following data:
      • first name,
      • last name,
      • company (optional),
      • billing address (street, house number, apartment number, city, postal code, country);
      • phone number,
      • email address,
      • delivery address (if different from the billing address),
      • Delivery method
      • Mode of payment
    • it is obligatory to check the box next to the declaration of acceptance of the Regulations and the Privacy Policy;
    • optionally:
      • check the “create an account” option (if you want to create an Account);
      • select the “gift wrapping” option (if you want to receive a Product wrapped as a gift),
      • add comments for the Seller,
      • check the box next to the declaration of consent to receive commercial information from the Seller about news, promotions and events, sent via e-mail,
    • click “Place an order”, and then pay for the Product in accordance with the selected payment method.
  4. The Buyer may choose one of the following methods of Product delivery:
    • Courier shipment;
    • Postal consignment
    • delivery to the selected InPost parcel station;
    • personal collection at the address: ul. Poznańska 3 lok. 14, 00-678 Warsaw.
  1. Payment for the Product may be made by the Buyer:
    • by bank transfer to the Seller’s bank account;
    • by transfer using the Przelewy24 payment system or the PayPal payment system;
    • in cash upon receipt of the Product delivered by the courier;
    • in cash or by credit card upon personal receipt of the Product.
  1. After placing the Order, the Buyer receives a confirmation of its submission to the e-mail address provided by him. Receiving the confirmation referred to in the preceding sentence is tantamount to concluding a Sales Agreement between the Seller and the Buyer.
  2. Until the Product is shipped, the Buyer may amend or cancel the Order. If the Buyer wishes to change or cancel the Order, the Buyer should immediately contact the Seller via e-mail or by phone.
  3. If the placed Order is not paid within 5 days from the date of its submission, the Seller is entitled to rescind the Sales Agreement and cancel the Order within 5 days from the date of ineffective expiry of the deadline for paying the Order. The Buyer shall be informed about the Seller’s withdrawal from the Sales Agreement and cancellation of the Order by means of a message sent to the e-mail address provided by him.

§ 7.

Execution of orders

  1. The Seller is obliged to deliver the purchased Product free from defects to the Buyer.
  2. The Seller sends Products to addresses located in the territory of the Republic of Poland and other European Union Member States.
  3. The costs of shipping the Product to an address outside the territory of the Republic of Poland are borne by the Buyer.
  4. The Product is shipped within 1-3 days from the date the payment for the Product is credited to the Seller’s bank account.
  5. The product delivered to the Buyer should be intact.
  6. If the Product is delivered by a courier, the Buyer should check the Product in his presence. If the package with the Product is damaged, the Buyer should draw up a damage report and immediately contact the Seller.

§ 8.

The right to withdraw from the sales agreement

  1. The provisions of this § 8 apply only to the Buyer who is a Consumer or an Entrepreneur with the rights of a Consumer.
  2. The Buyer has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the date of taking possession of the Product by him or a third party indicated by the Buyer, not being a carrier.
  3. The Buyer exercises the right to withdraw from the agreement by submitting a declaration of withdrawal from the Sales Agreement to the Seller. In order to meet the deadline for the withdrawal from the Sales Agreement it is enough to send the notice of withdrawal from the Agreement before the deadline referred to in clause 2 above.
  4. The declaration of withdrawal from the Agreement should be sent by the Buyer by e-mail to the address indicated in § 1 clause 3 point a of the Regulations. The declaration referred to in the preceding sentence should contain:
    • Buyer’s first and last name
    • address for correspondence;
    • explicit declaration of withdrawal from the agreement;
    • order number;
    • date of receipt of the Order.
  1. The declaration on withdrawal from the agreement may also be submitted by the Buyer on the form constituting Annex 1 to the Regulations.
  2. The Seller shall immediately send the Buyer a confirmation of receipt of the declaration of withdrawal from the agreement on a durable medium by e-mail.
  3. In the event of exercising the right to withdraw from the agreement, the Buyer should return the Product to the Seller within 14 days from the date of withdrawal. In order to meet the deadline referred to in the preceding sentence, it is enough to return the Product before its expiry.
  4. The Product should be returned to the following address:
    • MINOU Cashmere Natalia Rochacka
       ul. Jana Sobieskiego 10 lok. 73
       02-957 Warsaw
  1. The buyer bears the direct cost of returning the Product.
  2. Reimbursement of the payments made by the Buyer takes place after the Seller receives the returned Product or proof of its return by the Buyer, depending on which of these events occurs first. The refund is made using the same payment method that was used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different solution. The buyer does not bear the costs of returning the payment made.
  3. The Buyer is liable only for the reduction of the value of the Product resulting from its use other than as necessary to establish the nature, characteristics, and functioning of the Product.

§ 9.

Complaints

  1. The Seller is liable to the Buyer under the warranty if the Product purchased by him has a physical or legal defect. The exercise of the Buyer’s rights under the warranty takes place in accordance with the provisions of article 556 et seq. of the Civil Code, subject to the provisions of this clause
  2. When submitting a complaint, the Buyer should send an e-mail to the address indicated in § 1 clause 3 point a of the Regulations:
    1. a scan of a self-signed complaint statement, containing:
      • Product name and description,
      • order number;
      • Buyer’s data (name and surname, correspondence address, e-mail address, telephone number),
      • giving an exact description of the Product,
      • Buyer’s request (removal of the Product defect/replacement with a Product free from defects/reduction of the Product price/withdrawal from the Product sales agreement),
      • transfer details,
      • signature;
    2. a scan of the Product purchase receipt;

and then send the above-mentioned documents in a hard copy along with the Product to the following address:

MINOU Cashmere Natalia Rochacka
ul. Jana Sobieskiego 10 lok. 73
02-957 Warsaw

  1. The costs of returning the Product are borne by the Buyer. If the complaint is accepted, the Seller shall reimburse the Buyer for the costs referred to in the preceding sentence.
  2. The deadline for processing the complaint and responding to it is 14 days from the date of receipt of the complaint and the Product by the Seller. Failure to reply within this period shall mean the complaint has been deemed legitimate.
  3. The Seller shall send the Buyer a response to the complaint by e-mail.
  4. The customer may also submit a complaint in the event of a malfunction of the Store or any of its elements.
  5. The complaint referred to in clause 6 above should be sent by the Customer by e-mail to the address indicated in § 1 clause 3 point a of the Regulations. It shall specify:
    • customer’s first and last name
    • email address,
    • description of the observed irregularities.
  6. The Seller shall send the reply to the complaint by e-mail within 30 days from the date of its receipt.

§ 10.

The Seller’s intellectual property

The use of the Seller’s intellectual property (in particular, its name, trademark, photos and descriptions of the Products) without its prior, explicit consent is prohibited.

§ 11.

Personal data protection

Information on the processing of personal data by the seller can be found in the Privacy Policy available at: https://minou.pl/en/privacy-policy/.

§ 12.

Out-of-court dispute settlement

  1. The Customer who is a Consumer has the option of using extrajudicial means of dealing with complaints and claims.
  2. Detailed information on the possibility for the Customer who is a Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection and on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl).
  3. The Customer who is a Consumer may also use the platform for online dispute resolution (ODR) available at http://ec.europa.eu/consumers/odr/.

§ 13.

Final provisions

  1. The Seller may amend the Regulations in the event of:
    • changing the subject of the Seller’s activity;
    • making a technical modification of the Store requiring the provisions of the Regulations to be adapted to them;
    • the legal obligation to make changes, including the obligation to adapt the Regulations to the changed wording of the generally applicable acts of law.
  1. Customers will be informed about the amendment to the Regulations by publishing its amended version on the Store’s website at least 14 days before the changes come into force. At the same time, the amended version of the regulations will be sent by e-mail to the Customers who created the Account (Users).
  2. The provisions of the then binding Regulations shall apply to the Sales Agreements concluded before the effective date of the new Regulations.
  3. A User who does not express consent to the amendment of the Regulations may terminate the Agreement for the Account Service by deleting the Account with an immediate effect until the amendments to the Regulations enter into force. Failure to terminate shall be deemed to constitute consent to the Seller’s provision of electronic services in accordance with the new provisions of the Regulations.
  4. The regulations in the current version are valid from January 1, 2021.

Annex 1 to Regulations – The form of withdrawal from the agreement

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