TERMS AND CONDITIONS OF THE ONLINE STORE
These Terms and Conditions apply to the conditions, rules, and the method of the sales conducted through the online store at miloni.pl, including the conclusion of contracts for the sale of goods with consumers at a distance, and the provision of services electronically by Mateusz Nowotnik, who runs business operations under the business name MILONI Mateusz Nowotnik, Struga 2, 77-121 Struga, NIP 8421601095, REGON: 222097482, hereinafter referred to as the Seller, the Service Provider, or Miloni..
§ 1
DEFINITIONS
The following phrases used in these Terms and Conditions receive the following meaning:
Business Day – a weekday from Monday to Friday, except for Saturdays and statutory holidays, referred to in the Act of 18 January 1951 on Statutory Holidays (consolidated text Journal of Laws from 2015, item 90 as amended).
Client or User – a Consumer or an Entrepreneur, who uses, or who intends to use the Store, in particular who places an order for purchasing any Goods or Services included in the range of the Seller's products offered in the Store.
Consumer – a natural person who performs with an entrepreneur a legal activity not related directly to their business or professional activity.
Account – an account being run by the Seller, used by the Client to place orders.
Cart – an electronic form made available by the Seller in the Store, by means of which a Customer chooses a Product in order to place an order.
Product or Goods – a movable item offered by the Seller through the Store, which can be the subject matter of a Sales Contract.
Registration – a factual act performed in the way specified in the Terms and Conditions, leading to the creation of an Account, and the use by a Customer of all the functionalities of the Online Store.
Terms and Conditions – these Terms and Conditions of the Online Store, specifying the rules of using the Store by the Clients, and in particular the rules of filing and processing Orders, and providing services electronically.
The Online Store, or the Store – a website being run by the Seller, available at the electronic address miloni.pl, through which a Customer can obtain information regarding any Product and its availability, and buy any Goods, or commission the implementation of services.
The Parties – jointly the Client and the Seller.
the provision of services electronically – performing a service being provided without the parties being simultaneously present (at a distance), by transferring any data at an individual request of the service recipient (Client), being sent and received by means of electronic devices for processing (sending and receiving data by means of data communication systems) electronically. These data are transmitted via public networks, as defined by the Act - Telecommunications Law.
Service Contract - an electronic service provision contract concluded with a Client on the terms described in the Terms and Conditions
Sales Contract – a sales contract concluded between the Seller and a Client through the Store. Selling any furniture over the Internet is defined as selling furniture models available in the Store within the territory of Poland.
§ 2
GENERAL PROVISIONS
The Terms and Conditions determine the type, scope, and the terms of selling in the Store over the Internet, the terms of concluding and terminating Sales Contracts and Service Contracts, and also complaint procedures, and returning any Goods.
Reviewing the Store's content, and using its functionalities is free of charge.
To browse the Online Store, it is necessary for the Client to have a computer or another device with access to the Internet and with an internet browser installed in its up-to-date version, e.g. Mozilla Firefox, Google Chrome, Microsoft Edge, Opera, or Safari. In order to use certain functionalities of the Store, in particular to create an Account, a Sales Contract, to use the newsletter service, to use the option of ordering a catalogue or a free color fan-deck, it is necessary for a Client to have an e-mail address.
Selling any furniture over the Internet is defined as selling furniture models available in the Store within the territory of the Republic of Poland. MILONI reserves the right to change the prices of the Goods present in the Store, introduce new products, or make changes in them.
MILONI is not responsible for any difficulties in accessing and any inaccessibility of the Store, caused by factors beyond their control, in particular resulting from reasons attributable to telecommunication operators, telecommunication connection providers, and electric energy providers.
The user is solely responsible for ensuring the technical compatibility between the computer hardware or the end device they use, the ICT or telecommunication system, and the Store.
The ability to fully use the resources of the Store by the User is available after Registering an Account.
The provisions of the Terms and Conditions do not violate the rights of the Consumers applicable by virtue of commonly binding legal regulations.
The individual settings of the computer or another device, on which any User reviews the content of the Online Store, can cause differences between the visual appearance of any Goods in reality, and the presentation of the Goods on the photographs uploaded in the Store (colors, proportions etc.).
The Users of the Store who conclude a Service Contract, or a Sales Contract, may be exclusively natural persons who are 18 years old or older and have the full legal capacity, legal persons or organizations not being legal persons with legal capacity granted by a separate act.
A person concluding a Service Contract, or a Sales Contract on behalf of and for a legal person or an organizational unit not being a legal person, with a legal capacity granted by a separate act, submits additionally a statement under pain of legal consequences that they are a person entitled to represent this type of entities.
The Client is required to use the Store according to the valid regulations of the Polish law, the provisions of the Terms and Conditions, public morality, and the principles of social coexistence.
In order to ensure safe communications in the Store, in particular, whilst using the services, MILONI adopts technical and organizational measures being adequate to the degree of hazards to the safety of the Store.
When using the Store, and its particular functionalities, MILONI clearly informs the Client, among others, of who is the Controller of the personal data collected, of the purpose of collecting the data, and of the period for which the data will be processed, of the legal basis for collecting the data, of the data recipients known to the Seller or expected, and of the rights the User has in connection with the data collection.
§ 3
PERSONAL DATA PROTECTION
COOKIES PRIVACY POLICY
The personal data provided by the Users visiting the Store (including in the Account Registration process, placing an Order without registering an account, using contact forms, the valuation form, and the cooperation form, uploaded in the Store, subscribing to the newsletter), are processed by Mateusz Nowotnik, who runs business operations under the business name MILONI Mateusz Nowotnik, Struga 2, 77-121 Struga, NIP 8421601095, REGON: 222097482 (the data controller).
To the extent to which this is necessary to make a payment by means of the tools provided by the on-line payment operator, this operator is the data controller.
The Users' Personal Data for which MILONI is the controller are made available to the Payment Operator for the purpose of making it possible for the Client to make a payment to MILONI for any Goods ordered.
MILONI shall not transfer the Users' personal data outside the territory of the Republic of Poland.
The specific rules of processing and protecting the Clients' personal data are included in the Online Store's Privacy Policy.
§ 4
TERMS OF USING THE STORE
ELECTRONIC SERVICE PROVISION
An electronic service provision contract is concluded when the registration form is effectively completed and accepted by a User, or each time upon the Store being used by a User (without Registration and logging in). In both cases, the contract is concluded for an indefinite period of time.
The Seller provides the following services, free of charge electronically, within the Online Store:
managing an Account,
no Registration order form,
newsletter,
contact form,
valuation form,
cooperation form.
The free - of - charge services are provided 7 days a week, 24 hours a day.
The service of running an Account is available after registering using the registration form. An account makes it possible for a Client e.g. to place orders, enter their telephone/address data, and modify and delete them, create a purchasing list, browse the ordering history, and use discount codes.
The no Registration ordering form service consists in establishing a list of purchases and placing an order, saving the telephone/address data, and modifying and deleting them. It is possible to resign from the service at any moment, and this consists in discontinuing the use of the service.
The Newsletter service consists in sending to an e-mail address messages in the electronic form by MILONI, containing information about any new products or services in MILONI's offer. The Newsletter is being sent by MILONI to all those, who have subscribed it. A Client concludes a newsletter service contract upon expressing the relevant consent uploaded in the "Newsletter" section on the Store's webpages and sending it to the Seller, along with the Customer's e-mail address.
The contact form service consists in sending, by means of the form uploaded in the Store, a message to MILONI. It is possible to resign from the service at any moment, and this consists in discontinuing the use of the service.
The valuation form service consists in sending, by means of the form uploaded in the Store, an inquiry to MILONI under fulfilling non -standard orders. It is possible to resign from the service at any moment, and this consists in discontinuing the use of the service.
The cooperation form service consists in sending, by means of the form uploaded in the Store, an inquiry regarding possible cooperation, a request for sending a catalogue, or a free color fan-deck. It is possible to resign from the service at any moment, and this consists in discontinuing the use of the service.
The Client may, at any time, terminate the Contract for the Account and newsletter services, by sending a respective statement to the e-mail address biuro@miloni.pl, or by mail to the address: MILONI Mateusz Nowotnik, Struga 2, 77-121 Struga. Upon receiving the termination statement by the Seller, the Seller ceases delivering the services electronically, namely.ceases transferring the newsletter or deletes the online Account – depending on the content of the termination notice.
MILONI may terminate the service contract with a 7-days' notice period. The termination of any Service Contract by MILONI takes place by sending a termination statement to the Client's e-mail address specified upon establishing the on-line Account or when placing an order.
MILONI is entitled to block access to an Account and free - of - charge services if the User violates any legal regulations or the Terms and Conditions. Blocking access to an Account and free - of - charge services for the above reasons lasts for a period required to solve the issue being the basis for blocking access to the Account and free - of - charge services. MILONI shall notify the User of blocking their access to the Account and the free - of - charge services by e-mail to the e-mail address specified by the User in the registration form.
MILONI takes actions in order to ensure the Store's correct operation, to the extent that results from the current technical knowledge, and undertakes to immediately remove any defects or pauses in the functioning of the Store that have been reported by the Users.
The User can notify MILONI of any defects or breaks in the Store's functioning (Complaints). The reports may be sent to the following e - mail address: biuro@miloni.pl, or by mail to the address: MILONI Mateusz Nowotnik, Struga 2, 77-121 Struga.
§ 5
ON-LINE ACCOUNT MANAGEMENT AND REGISTRATION
Registering an Account in the Store is voluntary, and free of charge.
The client sends a registration application using the registration form available at the Store, with the data necessary to fulfill future orders.
The Client assures that all the data they've entered in the registration form are true, complete, and correct, and do not violate any rights, goods, or interests, the law, or any protected secret, and the good practice.
The Registration requires reading and accepting the Terms and Conditions and the Privacy Policy by the Customer by checking the box in the registration form confirming that the Client has familiarized with these documents, and fully accepts all of their provisions.
The Client may log in the Account using the e - mail address stated upon the registration (login), and the individual password. The Client may, at any moment, change the password using the functionalities available in the Account settings. The Client is required to keep their Account's password confidential.
The Clients are not allowed to use their Account for actions harming other users or MILONI.
The Client is responsible for any use of their Account by any Third Parties, and in the case of any unauthorized use, the Client is required to notify MILONI of this fact.
The Client's expressed consent to the processing of his/her personal data for any purposes other than setting up and managing an Account does not determine the possibility of concluding an Account management service Contract with MILONI.
§ 6
ORDERS
The Store's content constitutes an invitation to concluding a contract as defined by Art. 71 of the Civil Code, and the information regarding particular Goods presented in the Store does not constitute a sales offer as defined by Art 66 of the Civil Code. Miloni reserves the right to change the prices of the goods present in the Store, introduce new products, or modify them.
The Client may place an Order in the store 7 days a week on a 24-hour basis.
In order to place an Order in the store, it is not necessary for the Client to establish an Account.
The Client may place Orders in one of the following ways:
by adding a Product visible in the Store to the Cart, and placing an order within an Account in the Store;
by adding a Product visible in the Store to the Cart, and placing an order without registering an Account;
by sending an inquiry using the valuation form, regarding the possibility of making an unusual product or a product according to their own design, and placing an order as a result of the acceptance of the price offer presented.
When placing an order, it is required to provide the name, the color, and the number of the Products, the Client's first and last name, the chosen delivery method and address, the contact telephone number, the e-mail address, the data necessary to issue the invoice.
The Client is required to specify the correct and valid contact details. The failure to provide the correct data may hinder or prevent the execution of the order.
Placing an order is equivalent to offering the Seller the conclusion of a sales contract. The offer is binding for the Client, if the Seller, immediately confirms its receipt to the e-mail address provided by the Client. The offer receipt confirmation referred to in the previous sentence does not constitute the conclusion of a Sales Contract.
Placing an order is equivalent to offering the Seller the conclusion of a sales contract. The offer is binding for the Client, if the Seller, immediately confirms its receipt to the e-mail address provided by the Client. The offer receipt confirmation referred to in the previous sentence does not constitute the conclusion of a Sales Contract.
When placing an order, the Client passes the following stages:
logging in the Store to the Account, which may also take place after moving to the cashier in order to confirm the content of the Cart,
selecting a Product and adding it to the Cart,
moving to the cashier in order to confirm the content of the Cart,
selecting the Order delivery method and address,
selecting the payment method for the Order,
confirming the execution of the Order,
redirecting to the PayU on-line payment operator's website.
When placing an order without registering an Account, the Client passes the following stages:
selecting a Product and adding it to the Cart,
moving to the cashier in order to confirm the content of the Cart,
selecting an order without registering,
selecting the Order delivery method and address,
selecting the payment method for the Order,
confirming the execution of the Order,
redirecting to the PayU on-line payment operator's website.
When placing an order as a result of approving a price offer presented, the Client passes the following stages:
confirming or modifying the offer by selecting the option "Go to your order" in the option list,
selecting the Order delivery method and address,
selecting the payment method for the Order,
confirming the execution of the Order,
redirecting to the PayU on-line payment operator's website.
Confirming the execution of the order implies the payment obligation.
Until the content of the Cart is confirmed, the Client can freely change the number and type of the Products in it.
After placing the order – if it is possible to execute it – MILONI sends the notification of accepting the order for processing to the e-mail address provided by the Client, and of the lead time. This notification constitutes MILONI's statement of accepting the offer, and upon this moment, a Sales Agreement is concluded between the Parties. If MILONI fails to send the notification to the Client within 5 business days from placing the order, the contract between the Customer and MILONI has not been concluded, and any payments made by the Client are returned by MILONI to the Client's account.
If it is impossible to process the order, MILONI sends the notification of cancelling the order to the e-mail address provided by the Client. The cancellation of the order means that there is no obligation to complete it by MILONI, and it may take place no later than until the order implementation deadline specified by MILONI, and if this deadline has not been specified – no later than within 30 days from the date of its acceptance by MILONI.
The implementation of the order takes place after the Client pays the whole amount payable.
The Client can verify the status of the order in a tab through an account in the Store. In other cases, the Client is informed by e- mail about the subsequent stages of the execution of the order.
If the Client observes any non-conformity in the information sent by MILONI regarding the orders they've submitted, they should correct the non-conformity immediately by contacting MILONI using the email address: biuro@miloni.pl.
One pre-condition for the execution of any order is the availability of the materials necessary to execute it in the warehouse. In the case of any portion of the materials being unavailable, the Client is informed of the status of their order and gives their consent to extend the lead time, or cancels the execution of the order.
MILONI reserves the right to withdraw from performing the order due to causes independent from them. In such a case, the money paid by the Client will be refunded within 10 days, counting from the day of notifying the Client by MILONI on withdrawing from the execution of the order.
In the cases specified in item 19, and 20, MILONI bears no liability for damages towards the Client, and the cancellation or the withdrawal from the execution of the order does not create any rights on the Client's side, apart from the possibility of demanding the refund of the amounts paid to MILONI.
§ 7
PAYMENTS
The Prices indicated for each of the Products are expressed in Polish złotys and are specified in gross amounts, namely with the VAT included.
The Product price includes the cost of its delivery by MILONI to the Client within the Republic of Poland.
For the Products purchased at the Online Store, MILONI accepts electronic payments through the PayU service.
MILONI begins the implementation of an Order from the moment of receiving the confirmation from the PayU service that the full payment for the order has been implemented correctly.
The installment payments offered by the PayU system are independent from MILONI, and the Buyer's credit standing is defined by the PayU system on an individual basis.
The data specified in the offer regarding the credit installment amount are approximate amounts, and do not constitute an offer as defined by the regulations of the Civil Code.
§ 8
SHIPMENT AND DELIVERY
The Order completion time is approximately 6 weeks, and it starts from the date of confirming the transfer of the whole amount payable to the Seller's account.
Any product delivery by MILONI covers its transport to the address specified by the Client within the time specified by both Parties, no later than within 14 days from the day when MILONI notifies the Client of completing the order. The delivery is exclusive of the assembly, and of carrying the product to the Client's apartment/house.
It is possible to order bringing the Products in for an additional fee. The Client can choose this option when confirming the order on www.miloni.pl.
The Client is required to accept the Goods at the place and time agreed upon with MILONI, and in the case of not fulfilling this obligation, they shall pay a fee in an amount of PLN 400 as the refund of the transportation costs.
In the case of collecting any Product by the Client on their own, the collection should take place within 14 days after MILONI notifies the Client of completing the order. After the end of 14 days, MILONI is entitled to charge a fee for storing the Product in an amount of PLN 30 per each day of the delay in its collection.
MILONI adds a receipt or a VAT invoice to the shipment with the Product subject to what the Client chooses when placing the order and whether or not they provide the data necessary to issue the invoice.
The Seller issues a VAT invoice in the electronic form (in the PDF format), and they send it to the Client to the e - mail address specified in the order, or to the e-mail address entered on the Client's Account, or adds it in the paper form to the Product.
In the case of delivering the Products through a courier service, the Client is required to check thoroughly the parcel at the time of its delivery, in the courier's presence. In particular, the Client should verify if the shipment shows signs of any damage. If, before issuing the shipment to the Client, it turns out that it has been damaged or something is missing, the Client may demand that the status of the shipment, and the circumstances of the damage be determined by commissioning. If, after the shipment is handed over to the Client, any shortage or damage impossible to observe from the outside at the acceptance is disclosed, the Client may demand that the status of the shipment be determined by commissioning immediately after the disclosure of the loss.
The warranty and the right to withdraw from the sales contract are not binding, when the Product suffers any mechanical damage of external origin. Thus, prior to accepting the Products from the courier, it must be verified whether or not the package has been damaged during transport. Drawing up a report on the shipment's status is a pre-condition of recognizing any possible claims of the Client resulting from any damage or theft of the Goods being transported.
The shipment status report should contain a detailed description of the status of the packaging of the Products received and of the circumstances which would help exclude the Client's involvement in the loss, and constitute a significant proof confirming the fact that the loss has arisen in transport.
§ 9
RETURNING PRODUCTS AND CANCELLING SALES CONTRACT
A Client, being a Consumer, who has concluded a Sales Contract via the Online Store, may withdraw from it within 14 days from the day of the delivery of the Product purchased without stating a reason.
To use the right to terminate the Sales Contract, the Consumer is required to submit a declaration regarding the withdrawal from the contract in writing, and the product should be returned immediately, no later than within 14 days, counting from the day of withdrawing from the contract.
The right to withdraw from any Sales Contract applies only to the Products in MILONI's standard range of products presented in the Store, and does not cover customized Products, those made according to the Client's specifications, or according to their individual design and needs..
The cancellation of a sales contract shall be accepted by MILONI only, when the Product is sent back in the original, undamaged package, with the complete content, and the Product itself, as well as any accessories associated with it, are undamaged, and show no signs of using and assembling.
The return shipment of the Product should include the purchase document (the receipt or the invoice) together with the warranty card and the account number, to which the Seller is to return the selling price amount.
Within 2 working days after the returned Product is received, MILONI shall inspect it. If the product meets the requirements indicated in the Terms and Conditions, a corrective invoice will be issued. The original and the copy of the invoice will be sent to the Buyer by priority mail. The Buyer should return a signed copy of the corrective invoice and, after it is received by MILONI, within 7 working days, the selling price will be returned to the Client's account.
The Consumer can use the Sales Contract cancellation form which constitutes appendix no.1 to the Terms and Conditions, however this is not required.
In the case of the effective cancellation of a Sales Contract concluded via the Online Store, the contract shall be deemed null and void.
If the Consumer submits a statement on withdrawing from any sales contract before the Seller accepted their offer, the offer shall cease to be binding.
The Consumer is required to send back or transfer the Product to the address: MILONI Mateusz Nowotnik, Struga 2, 77-121 Struga. The Consumer bears the direct costs of returning the Products.
The Consumer is responsible for any reduction in the value of the Product resulting from its usage in a way going beyond what is necessary to determine the nature, characteristics, and functioning of the Product.
§ 10
POSSIBILITY OF TERMINATING A SERVICE CONTRACT
A Client, being a Consumer, who has concluded a service contract via the Online Store, may withdraw from it within 14 days from the date of concluding the given contract.
In order to exercise the right to terminate a service contract, the Consumer should notify the Seller using the e-mail address biuro@miloni.pl of their decision of withdrawing by means of a clear statement.
The Consumer can use the service contract cancellation form being appendix no. 2 to the Terms and Conditions, however this is not required.
In the case of the effective cancellation of a service contract concluded via the Online Store, the contract shall be deemed null and void.
§ 11
WARRANTY AND COMPLAINTS
All the Goods offered by the Seller are free from physical and legal defects, and have been offered on the market in accordance with the law.
The Seller advises that, according to the binding regulations of the law, they are obliged to provide the Client with a Product free from defects.
The Seller is liable towards a Client being a Consumer for any physical and legal defects in the Product on the statutory warranty terms regulated in Art. 556 and subsequent ones of the Civil Code, if the defect is observed before the end of 2 years from the day of handing the Product over to the Consumer.
In the case of a Sale Contract concluded with an Entrepreneur, the Seller's liability under the statutory warranty is excluded.
A complaint may be submitted via e-mail to the following address: biuro@miloni.pl, or in writing to the address: MILONI Mateusz Nowotnik, Struga 2, 77-121 Struga..
A complaint should contain the Client's necessary data (allowing their identification), the received evidence of purchasing the Product, the warranty chart, an exact description and photographs of the reasons for the complaint, and the demands towards the Seller.
In order to have their complaint examined, the Client should provide the Product complained against to the Seller to the address: MILONI Mateusz Nowotnik, Struga 2, 77-121 Struga..
The Seller will present their position regarding the complaint report in writing within 14 calendar days from the day of receiving it to the email address specified by the Client, or by e-mail – notifying the Client of the further actions proposed, intended to settle the claim.
If the data provided by the Client in the complaint report need to be supplemented, the Seller will ask the Client to supplement them within the period agreed upon. Then the period for examining the complaint begins from delivering the full data necessary to examine the claim to the Seller.
The Client may accept the method of handling the complaint proposed by the Seller, by sending its approval within 7 days from the date of receiving the Seller's proposal to the address: biuro@miloni.pl, or in writing to the address: MILONI Mateusz Nowotnik, Struga 2, 77-121 Struga..
If the Seller's proposal regarding the method of,handling the complaint is rejected by the Client, the complaint procedure is deemed to be exhausted.
Any complaints not making it possible to identify the Client may not be examined.
Any Clients being consumers are granted a 12 month warranty for the Products purchased counted from the sale date. The detailed warranty implementation terms are specified in the warranty chart issued by MILONI.
§ 12
COMPLAINTS CONCERNING SERVICES PROVIDED ELECTRONICALLY
The User is entitled to file complaints concerning any services provided electronically, and the functioning of the Store.
A complaint may be submitted via e-mail to the following address: biuro@miloni.pl, or in writing to the address: MILONI Mateusz Nowotnik, Struga 2, 77-121 Struga..
Any complaint should contain the Client's necessary data (for their identification), an exact description of the reasons for the complaint, and the demands towards the Seller.
The complaint will be examined by the Seller within 14 days from the day of its delivery.
The Seller answers the complaints in a manner corresponding to the manner of sending the complaints, namely by mail to the address provided in the complaints, or to the e-mail address specified by the Client.
§ 13
COPYRIGHT
All copyrights to the content on the Store's website are owned by the Seller and are reserved. The materials included on the Store's website, including any texts, graphics, and source codes, cannot be copied, transferred, or used in any form and in any way. It is forbidden to use the content of the Store's website without the Seller's prior consent expressed in writing under pain of invalidity.
It is forbidden for the Clients to upload in the Store, including in opinions about Products, any unlawful content, in particular any content that is insulting, violates the personal interests of the Seller or third parties, untrue, or misleading.
It is forbidden for the Clients to use the Store's website or the services provided by the Seller electronically, in a manner conflicting with the law, good morals, violating the personal interests of the Seller, or any third party.
It is forbidden for the Clients to use the Store's website, its resources, and functions available, for the purpose of running operations, which would violate the Seller's interests, or negatively affect the functioning of the Online Store.
It is forbidden to use the Store for the purposes not in line with its intended use, in particular to send any commercial information by the Clients, run any commercial or advertising activities by the Clients, etc.
A Client, who learns that any content uploaded in the Online Store is inconsistent with the law or the Terms and Conditions, can report this fact to the Seller by sending a message using the e-mail address: biuro@miloni.pl
§ 14
SETTLING DISPUTES
The Parties undertake to try in good faith to immediately settle any dispute, or claim related to any contract concluded, by means of negotiations.
If the negotiations undertaken fail to bring the successful results, and unless the Parties have agreed otherwise, any disputes – when the Client is an Entrepreneur – shall be resolved by the common court competent for the registered office of the Seller.
If the Client is a Consumer, the competence of the court will be determined exclusively on the basis of the commonly binding legal regulations.
The Seller does not use any out-of-court methods for examining complaints and pursuing claims, among others they do not use any out-of-court consumer dispute settlement procedures, unless the absolutely binding legal regulations impose such an obligation./span>
The Consumer may, however, use out-of-court methods for examining complaints, and pursue claims, e.g. under mediation or arbitration proceedings. More information about the out-of-court methods of examining complaints and pursuing claims can be found on the websites of the Office of Competition and Consumer Protection (UOKiK)(www.uokik.gov.pl).
In order to use any out-of-court methods of examining complaints and pursuing claims, the Consumer may turn to institutions involved in protecting the rights and interests of the consumers, in particular, to:
the poviat (city) consumer ombudsman
the provincial Trade Inspection inspectorates (WIIH), and their branches that run mediation proceedings. Mediation proceedings are run at a request of a Consumer or ex officio only after exhausting the complaint procedure. The mediator is an employee of WIIH. The mediation procedures are voluntary, which means that such a way of settling disputes must be accepted by both parties to the contract
arbitration courts, in particular permanent consumer arbitration courts active at the WIIH (both in province capitals, and in their branches). These Courts settle disputes regarding the property rights resulting from product sales contracts and service provision contracts. Their fundamental feature is their voluntary character. This means that a matter may be examined by an arbitration court only provided that both parties agree to this, and recognize its jurisdiction, namely they make the so-called written arbitration agreement. The procedure may be initiated both by a Consumer and an entrepreneur.
§ 15
FINAL PROVISIONS/b>
If any of the provisions in the Terms and Conditions is found to be unlawful, invalid, or legally defective in any other way, then, in this respect, this provision will be excluded, and will not be binding upon the Parties, and the remaining provisions in the Terms and Conditions shall be valid, and binding upon the Parties.
The Seller reserves the right to make changes in the content, materials, and publications presented in the Store. The changes have no effect on the content of the sales contract concluded before making the changes.
The Service Provider reserves the right to suspend or terminate the provision of particular functionalities of the Store due to the need for technical works (e.g. maintenance, inspection, or expansion) when this does not violate the rights of the Users.
MILONI bears the liability under the failure to perform, or any improper performance of any Sales Contract and Service Contract, provided that in the case of contracts concluded with Entrepreneurs, the Seller is liable only in the case of intentionally caused losses and within the limits of the losses actually suffered by the Entrepreneur, not greater than the value of the Order.
In any cases not regulated in the present Terms and Conditions, the respective provisions of the Civil Code, and other absolutely binding provisions of the Polish law shall apply.
The Seller reserves the right to change the provisions of the Terms and Conditions in the event of any of the following important reasons:
the need to adjust the Terms and Conditions to the commonly binding legal regulations;
the need to adjust the Terms and Conditions to the recommendations, orders, rulings, provisions, interpretations, guidelines, or decisions of any state administration or local government authority or a court ruling;
expanding or changing any functionality of the Store;
changing the Seller's operational scope;
the need to fix errors, and typos in the Terms and Conditions;
changes in the contact data, names, identification numbers, electronic addresses, or links presented in the Terms and Conditions;
preventing frauds;
the need to improve the customer service and contract conclusion process.
The Clients will be informed of any changes in the Terms and Conditions in a way that makes it possible to become familiar with the changes before they come into force, by uploading respective notifications at least 7 days before the changes come into force on the home page of the Store.
In the case of any changes in the Terms and Conditions after concluding a Sales Contract or a Service Contract, the legal relationship initiated by means of its conclusion is subject to the Terms and Conditions in the wording binding as of the date of concluding the given contract.
A change in the data related to the seat, address, e-mail address, phone or fax number, and other data related to MILONI shall not constitute a change in the Terms and Conditions.