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Store regulations

TERMS AND CONDITIONS OF THE WWW.MIAANDLOU.COM ONLINE STORE

DEFINITIONS

Whenever the following terms are used in these Terms and Conditions, they shall have the following meanings:

Seller –
KIDSARI EWA DEJA I ARIEL DEJA CIVIL PARTNERSHIP (SPÓŁKA CYWILNA)
VAT No. (NIP): PL5842771812
REGON: 380027214
ul. Słowiańska 34/62
80-381 Gdańsk
Poland

Phone: +48 668 801 437
Email: biuro@miaandlou.pl

IBAN: PL78 1140 2004 0000 3912 1244 3034
BIC: BREXPLPWMBK

Customer – a natural person who is at least 13 years of age (provided that persons under the age of 18 must obtain the consent of their legal representative unless they have full legal capacity), as well as a legal entity or an organisational unit without legal personality to which legal capacity is granted by law, using the online store www.miaandlou.com, in particular for the purpose of placing an order under these Terms and Conditions.

Consumer – a natural person acting for purposes outside their trade, business, craft or profession when concluding a legal transaction with the Seller.

Online Store / E-Shop – the online store operated by the Seller at www.miaandlou.com, through which Customers may, in particular, submit offers to conclude sales contracts for the Goods presented in the Store.

Goods – beds and textiles offered for sale in the Online Store and forming the subject of sales contracts.

Shopping Cart – a list of Goods selected by the Customer from the products available in the Online Store.

Terms and Conditions – these Terms and Conditions of the www.miaandlou.com Online Store.

Product Defect – both physical and legal defects of a product.

Consumer Rights Act – the Polish Consumer Rights Act of 30 May 2014, as amended.

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

Civil Code – the Polish Civil Code of 23 April 1964, as amended.

I. GENERAL PROVISIONS

  1. Nothing in these Terms and Conditions is intended to exclude or limit any rights of the Customer arising from mandatory provisions of applicable law. In the event of any conflict between these Terms and Conditions and mandatory legal provisions, the mandatory provisions shall prevail, while the remaining provisions shall remain in full force and effect to the extent permitted by law.

  2. The Online Store www.miaandlou.com is operated by Kidsari s.c., with its registered office in Gdańsk, Poland, at:

    ul. Słowiańska 34/62
    80-381 Gdańsk
    Poland

  3. These Terms and Conditions form an integral part of every sales contract concluded between the Seller and the Customer. In particular, they set out the rules governing:
    • the use of the Online Store;
    • the conclusion of sales contracts;
    • placing orders for Goods offered in the Online Store;
    • delivery of ordered Goods;
    • payment of the purchase price and delivery costs;
    • withdrawal from the contract; and
    • the submission and handling of complaints.
  4. These Terms and Conditions apply to all Customers of the Online Store. The Customer is obliged to comply with all provisions contained herein. Sales are conducted on the basis of the version of these Terms and Conditions in force at the time the order is placed. The Customer is entitled to use the Online Store solely in accordance with its intended purpose.
  5. The Customer may contact the Seller by email at biuro@miaandlou.pl or help@miaandlou.pl.
  6. All information published on the Online Store website regarding the Goods, including prices, constitutes an invitation to treat and not an offer within the meaning of Article 66 of the Polish Civil Code.
  7. The prices displayed on the Online Store website become binding upon the Customer once the Customer receives the order confirmation email referred to in Chapter III, Section 7. After an order has been successfully placed, the price of the ordered Goods shall not change, regardless of any subsequent price changes in the Online Store.
  8. Photographs of the Goods displayed on the Online Store website are provided for illustrative purposes only.
  9. To place an effective order, the Customer must provide complete and accurate personal and delivery details, including a valid telephone number and email address enabling the Seller to contact the Customer.

II. SCOPE, RULES AND CONDITIONS OF USING THE ONLINE STORE

  1. The use of the Online Store services is conditional upon reading and accepting these Terms and Conditions. The Customer is required to read these Terms and Conditions before placing an order.
  2. The Seller provides electronic services enabling Customers to create and maintain a user account in the Online Store.
  3. The Seller declares that it applies appropriate technical and organisational measures to ensure the security of messages and data transmitted through the Online Store, including measures preventing unauthorised access to or modification of personal data transmitted via the Internet.
  4. The Customer is, in particular, obliged to:
  • use the services provided by the Seller in a manner that does not interfere with the proper functioning of the Online Store, including by refraining from using software or devices that may disrupt its operation;
  • use the services in compliance with applicable law, these Terms and Conditions, and accepted standards of conduct;
  • use the services in a manner that does not infringe the rights of other Customers or the Seller, including their personal rights and right to privacy;
  • use all content published in the Online Store solely for personal and non-commercial purposes.
  1. Orders may only be placed for Goods that are available in stock. The Seller will make reasonable efforts to replenish stock as quickly as possible. Goods that are no longer available will be removed from the Online Store without undue delay.
  2. Due to the nature of inventory management, the Seller reserves the right to occasional stock discrepancies. If an ordered product is unavailable, the Seller may offer the Customer an equivalent product of the same value or a refund for the unavailable item.
  3. With regard to services provided electronically, these Terms and Conditions constitute the regulations referred to in the Polish Act of 18 July 2002 on the Provision of Electronic Services, as amended.

III. ORDER PLACEMENT

  1. Placing an order requires the Customer to accept these Terms and Conditions by selecting the appropriate checkbox before completing the purchase. Failure to accept these Terms and Conditions prevents the Customer from placing an order through the Online Store.
  2. As part of the ordering process, the Customer is required to provide accurate personal and delivery information and consent to the processing of the personal data necessary to complete the order.
  3. An order placed through the Online Store www.miaandlou.com constitutes an offer by the Customer to conclude a sales agreement with the Seller.
  4. After the order has been placed, the Customer will receive an email confirming that the Seller has accepted the order for processing. The confirmation will be sent to the email address provided during registration or at checkout.
  5. Confirmation of the order and recording of the essential terms of the sales agreement is provided electronically. The confirmation email includes, in particular:
    • details of the ordered Goods,
    • the prices of the Goods,
    • the selected delivery method and delivery costs,
    • the chosen payment method,
    • the total amount payable.
  6. The processing time stated in the order confirmation is an estimated period calculated from the date the order is accepted until the Goods are dispatched using the shipping method selected by the Customer.
  7. The Customer may cancel the order at any time before receiving the shipment confirmation email. Cancellation requests should be sent by email to biuro@miaandlou.pl.
  8. Sales through the Online Store are concluded electronically via the Internet.

IV. PAYMENT

  1. All prices of Goods and shipping charges are gross prices, including applicable VAT, and are displayed in EUR or GBP, depending on the Customer's selection. Customers eligible for intra-Community VAT exemption (EU VAT) will be shown net prices where applicable.
  2. For card payments, the order is considered completed once the payment has been successfully authorised.
  3. The prices displayed for the Goods do not include shipping costs.
  4. Shipping charges are displayed in the Shipping Costs section and are also shown during checkout, including immediately before the Customer confirms the order.
  5. The price of each product becomes binding once the Customer receives the order confirmation referred to in Chapter III of these Terms and Conditions.
  6. Information regarding the price and essential characteristics of each product is available on the product page in the Online Store.
  7. The Customer may choose one of the following payment methods:
  • Bank transfer
  • PayPal
  • Klarna
  • PayU
  • Credit or debit card, including:
    • Visa
    • Visa Electron
    • Mastercard
    • Mastercard Electronic
    • Maestro
  1. Shipment of the Goods is conditional upon receipt of payment for both the Goods and the shipping costs.
  2. If the Customer selects payment in advance by bank transfer and the payment is not received within 7 days of placing the order, the order will be cancelled automatically.
  3. Payments by bank transfer should be made to the Seller's bank account specified in the order confirmation email. The Customer should include the order number in the payment reference.
  4. The final and binding purchase price consists of the total price of the Goods and the applicable delivery costs shown in the shopping cart at the time the order is placed.
  5. The total order value is the amount payable by the Customer and includes both the purchase price of the Goods and the delivery charges.

V. ORDER PROCESSING AND DELIVERY

  1. Orders are processed in the order in which they are received, within the timeframe specified on the relevant product page.
  2. The maximum order processing time is 21 days, calculated from the date payment is received until the order is dispatched.
  3. Order processing time is separate from delivery time. Delivery time depends on the shipping method selected by the Customer and may be affected by circumstances beyond the Seller's control, including delays on the part of the carrier.
  4. Orders delivered within the Republic of Poland are shipped to the address specified by the Customer via DPD, InPost, or GLS, according to the Customer's selection. The Seller reserves the right to change the selected shipping method if the parcel exceeds the maximum weight permitted by the chosen carrier.
  5. Orders delivered outside the Republic of Poland (within the European Union, the United Kingdom, or Switzerland) are shipped exclusively via GLS. Delivery is available only to the countries listed on the Online Store website.
  6. Upon delivery, the Customer should inspect the parcel for any visible damage before accepting it.
  7. If the Customer fails to collect the parcel within the prescribed period for reasons attributable to the Customer, the Seller will resend the parcel only after the Customer has paid the shipping costs again.
  8. If the Customer fails to collect the shipment within the prescribed period for reasons attributable to the Customer and subsequently withdraws from the purchase, the Seller will refund the amount paid for the Goods, less the original shipping costs.

VI. RIGHT OF WITHDRAWAL

  1. A Customer who is a Consumer within the meaning of applicable law has the right to withdraw from a distance sales contract concluded through the Online Store www.miaandlou.com without giving any reason.
  2. To exercise this right, the Consumer must submit a written declaration or send an email to biuro@miaandlou.pl within 14 days from the date of delivery of the Goods purchased from the Seller. To meet the deadline, it is sufficient to send the declaration before the expiry of the withdrawal period.
  3. The Seller shall refund all payments received from the Consumer without undue delay and no later than 14 days after receiving the declaration of withdrawal, excluding the cost of the original delivery of the Goods. The Customer is required to confirm the payment details necessary for processing the refund.
  4. The Seller does not bear the cost of returning the Goods to the Online Store.
  5. The refund will be made using the same payment method used by the Consumer unless the Consumer expressly agrees to a different method.
  6. The Consumer must return the Goods to the Seller without undue delay and no later than 14 days from the date of withdrawal from the contract. The Consumer bears the direct cost of returning the Goods.
  7. The Seller may withhold the refund until the returned Goods have been received or until the Consumer has supplied evidence of having returned them, whichever occurs first.
  8. Returned Goods must be properly packaged to prevent damage during transport. The Goods must be returned in their original condition, showing no signs of use, together with all accessories and documents provided at the time of sale, to the following address:

Kidsari s.c.
16A Wejhera Street
80-346 Gdańsk
Poland

  1. The Consumer is liable for any diminished value of the Goods resulting from handling or use beyond what is necessary to establish their nature, characteristics, and functioning.
  2. Pursuant to Article 38 of the Polish Consumer Rights Act, the right of withdrawal does not apply to contracts concerning:
  • services that have been fully performed with the Consumer's prior express consent, where the Consumer acknowledged before performance that the right of withdrawal would be lost once the service had been fully performed;
  • goods made to the Consumer's specifications or clearly personalised;
  • goods liable to deteriorate or expire rapidly;
  • sealed goods which are not suitable for return for health protection or hygiene reasons once unsealed after delivery;
  • goods which, after delivery, have become inseparably mixed with other items by their nature.

VII. EXCHANGE OF PURCHASED GOODS

  1. Within 30 days from the date of delivery, the Customer may exchange purchased Goods for another product available in the Online Store, provided that the replacement product is of equal or higher value. The Customer is responsible for both the return shipping costs and the shipping costs of the replacement product.
  2. Goods returned for exchange must be properly packed to prevent transport damage. Returned Goods must be unused, undamaged, complete, and accompanied by all documents received at the time of purchase. Returns should be sent to:

Kidsari s.c.
16A Wejhera Street
80-346 Gdańsk
Poland

  1. If the replacement product has the same price as the originally purchased product, the Customer is required to pay only the shipping costs for the replacement item.

If the replacement product is more expensive, the Customer must pay the difference in price by bank transfer to the Seller's bank account.

  1. The exchange process will be completed without undue delay and no later than 14 days after:
  • the Seller receives the returned Goods,
  • payment for the replacement shipment is received, and
  • where applicable, payment of the price difference has been received.

VIII. COMPLAINTS (WARRANTY CLAIMS)

  1. All products purchased through www.miaandlou.com are covered by a 24-month statutory warranty against defects.
  2. If the delivered product is defective, the Customer is entitled to submit a complaint.
  3. Complaints will only be considered for Goods that have not been misused, intentionally damaged, or returned incomplete.
  4. Complaints may be submitted by email to help@miaandlou.pl, or together with the defective Goods and proof of purchase (receipt or invoice) to:

Kidsari s.c.
16A Wejhera Street
80-346 Gdańsk
Poland

  1. Defective Goods should be returned in full or in the original sales unit (e.g. one item, one set, one pair).
  2. A complaint should include:
  • Customer's full name;
  • correspondence address;
  • email address for correspondence;
  • date of purchase;
  • order number;
  • identification of the product concerned;
  • detailed description of the defect, the date it was discovered, and photographs of the defect;
  • the Customer's requested remedy and preferred method of communication.
  1. The Seller will respond to the complaint within 14 days from the date of receipt.
  2. If the complaint is incomplete or supporting documents are missing, the Seller may request additional information. In such a case, the 14-day period for handling the complaint begins once the requested information has been provided.

IX. PERSONAL DATA PROTECTION

  1. The Customer's personal data are processed by the Seller as the data controller.
  2. Providing personal data is voluntary; however, it is necessary for creating a customer account, placing an order without registration, and concluding a sales contract.
  3. The Seller applies appropriate technical and organisational measures to ensure the security and protection of the personal data being processed.
  4. The Customer has the right to access, rectify, update, erase, or otherwise exercise their rights concerning their personal data in accordance with applicable data protection laws. Registered Customers may manage their personal data through their customer account. Customers without an account may exercise these rights by contacting the Seller.
  5. The Customer's personal data may be processed for the purposes of:
  • performing the sales contract;
  • providing electronic services;
  • processing orders;
  • handling complaints and returns; and
  • informing the Customer about the Seller's products and services, where permitted by applicable law.
  1. Detailed information regarding the processing of personal data is available in the Privacy Policy published on the Online Store website.

X. OUT-OF-COURT DISPUTE RESOLUTION

  1. The Seller informs Customers that, in the event of a dispute, Consumers may make use of out-of-court complaint handling and dispute resolution procedures available under applicable law.
  2. The availability of such procedures does not exclude or limit the Consumer's right to seek protection before the competent courts.

XI. INTELLECTUAL PROPERTY

  1. All intellectual property rights relating to the Online Store, including but not limited to its name, trademark, logos, graphic elements, photographs, product descriptions, software, databases, and all other content made available by the Seller, are protected by applicable intellectual property laws and belong to the Seller or to third parties who have granted the Seller the appropriate rights.
  2. Customers may use the content available on the Online Store solely for personal, non-commercial purposes and only to the extent necessary for the proper use of the Online Store. Any use beyond this scope, including copying, reproducing, distributing, publishing, modifying, or making available to third parties, requires the Seller's prior written consent.

XII. FINAL PROVISIONS

  1. If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable under applicable law, such invalidity shall not affect the validity or enforceability of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely reflects its original purpose and economic effect.
  2. The Seller reserves the right to amend these Terms and Conditions at any time.
  3. Any amendments to these Terms and Conditions shall become effective upon their publication on the Online Store website. However, amendments shall not affect orders placed or sales contracts concluded before the effective date of the amended Terms and Conditions. Such orders and contracts shall continue to be governed by the version of the Terms and Conditions in force on the date the order was placed.
  4. The current version of these Terms and Conditions is always available on the Online Store website.
  5. The Seller shall not be liable if administrators of email servers block messages sent to the email address provided by the Customer or if messages are deleted or filtered by software installed on the Customer's computer or other devices.
  6. The Seller shall not be liable for interruptions or disruptions in the operation of the Online Store caused by force majeure, unlawful acts of third parties, or technical incompatibility between the Customer's equipment and the Online Store.