Terms and conditions
ONLINE STORE TERMS AND CONDITIONS
being the Terms and Conditions for the provision of services by electronic means
§1. General Provisions
1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) set forth the rules for concluding and performing contracts for the provision of services by electronic means, and contracts of sale in an online store, as well as the rights and obligations of the parties to these contracts..
2. The online store micadoni.com (hereinafter referred to as the “Store” or “Website”), referred to in §1. par. 1. above, is available to all persons (hereinafter referred to as the “Users”) at: www.micadoni.com
3. The owner of the store (hereinafter referred to as the “Seller”) is BESO LUX spółka z ograniczoną odpowiedzialnością with its registered office in Łódź, entered into the Register of Entrepreneurs kept by the District Court for Łódź-Śródmieście in Łódź, 20th Economic Division of the National Court Register under the number KRS: 0000689756, having Business Registry Number (REGON): 367958776 and Tax Identification Number (NIP): 7292718480
4. Contact details of the Seller enabling effective communication for the Users:
1) address: ul. Łąkowa 7a/E, 90-562 Łódź,
2) phone: (from Monday to Friday with the exception of public holidays, from 09:00 a.m. to 05:00 p.m.),
3) e-mail address for submitting complaints: email@example.com
4) e-mail address for inquiries regarding the Seller’s products: firstname.lastname@example.org
5. Contracts for the provision of services by electronic means and sale contracts are concluded with the Seller through the Store.
6. The Seller’s core business consists in sale of furniture and decorative accessories as well as other products presented on the Website (hereinafter referred to as the “Products”).
7. The Seller communicates with the Users through the website referred to in §1 par. 2 above, as well as by phone, post, newsletter and e-mail.
8. The Store allows for the following:
1) creating a user account (hereinafter referred to as the “Account”) and managing it, i.e. introducing changes and modifications of data, viewing the status of order fulfillment, viewing purchase history, using the storeroom, remembering the basket, receiving discounts and promotional coupons as well as accessing the order archive,
2) obtaining information about the Products that can be purchased through the Store,
3) placing orders by persons using the Store (then referred to as the “Buyers” or “Customers”),
4) subscribing to the newsletter (hereinafter referred to as the “Newsletter”) which is understood as the electronic form of the Seller's information bulletin intended for all persons interested in new products and promotions in the Store's offer and sent to them by the Seller with their consent, via e-mail,
5) browsing the website in a version tailored each time to the requirements of the device enabling web browsing.
9. In the Terms and Conditions, the term “Consumer” is understood as a User who is a natural person performing legal action with the entrepreneur not related directly to his/her business or professional activity (in accordance with Article 221 of the Act of 23 April 1964 on the Civil Code, hereinafter: the "Civil Code") and a User who is a natural person concluding a contract directly related to its business activity, when it results from the content of this contract that it does not have a professional nature for such person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity (pursuant to Art. 3855 of the Civil Code)
10. In order to register the Account, it is necessary to accept the Terms and Conditions by checking the appropriate checkbox in the registration form.
11. Using the Store itself does not require payment of any fees by the User.
12. Both a sale contract and a contract for the provision of services by electronic means can be concluded in Polish, English, German or French. There is no minimum duration of the Consumer’s obligations arising from sale contracts and contracts for the provision of services by electronic means. If the Consumer is not entitled to withdraw from a contract (§5. par. 5. of the Terms and Conditions), the time of the Consumer’s obligation under the sale contract lasts until payment of the price to the Seller.
13. The provision of a service not ordered by the Consumer or the Entrepreneur having the rights of a consumer takes place at the Seller's risk and does not impose any obligations on the Consumer or the Entrepreneur having the rights of a consumer. The lack of response of the Consumer or Entrepreneur having the rights of a consumer to the unsolicited provision does not constitute the consent of the Consumer or Entrepreneur having the rights of a consumer to conclude any contract.
§2. Account Registration and Orders
1. Account registration and placing orders for the Products in the Store (hereinafter referred to as “Orders”) can be performed by natural persons, legal persons and organizational units without legal personality which by law are granted legal capacity.
2. The Website enables registration of the Account, which consists in sending by the User a completed Account registration form available in the Store.
3. Effective Account registration also requires the following to be performed jointly:
1) provision of the following User’s details in the form; however, providing some of the details may be optional or required only at the time of placing the Order;
4. The Buyer agrees not to disclose the password to any third party.
5. At creation of the Account, a contract for the provision of services by electronic means is concluded between the Seller and the User.
6. Orders in the Store can be placed using the form, after logging in the User’s Account, following registration in the Store and accepting the provisions of the Terms and Conditions. Placing Products in the basket by the Customer (i.e., the functionality of the Store allowing the preview of Products already selected and not yet purchased by the Customer in the process of placing the Order) does not involve their purchase or booking. The Seller has the right to refuse to sell Products in the event that the implementation of all or part of the Order would not be possible, in particular due to the unavailability of the Products.
8. The procedure of Order placement is each time completed by the User with effective clicking of the button “Order and pay”, which is tantamount to confirmation by the User that the Order form has been completed correctly and that the data provided is true, current, complete and correct, as well as that the User is aware that execution of the Order entails an obligation to pay, including incurring selected delivery costs.
9. In the case of incorrect completion of the Order form, in a manner inconsistent with par. 1-8 above, no contract is concluded between the Seller and the Buyer. The Buyer has the right to correct the data provided in the placed Order by contact made by email at the address provided in §1 par. 4 point 4 of the Terms and Conditions.
10. After placing the Order, an e-mail message containing the confirmation of placing the Order by the User is immediately sent to the e-mail address indicated in the form, which informs the User whether her/his Order has been placed correctly
11. In the e-mail message referred to in par. 10. above, the Seller will provide the Buyer who is a Consumer with the information required by the Consumer Rights Act of 30 May 2014 (hereinafter: the "Consumer Rights Act"). The information will be included in the body of the e-mail message or in the attachment in the *.pdf format. In order to view this document, an appropriate software, e.g. Adobe Acrobat Reader is required. This information may also be provided by the Seller in a paper form together with the delivered Product.
12. The sale contract is concluded when the Seller informs that processing of the Order has begun. Such confirmation will be sent to the Buyer by e-mail. In a case that the Customer has paid for the Product before this moment and execution of the Order is not possible (in particular due to the lack of the Product), the Seller will immediately refund the amount paid.
13. If the Products included in the order are not available, the Seller will inform the Customer that the Order cannot be completed. If the inability to complete the Order results from temporary unavailability of the Products only, the Seller will inform the Customer about the potential date of completing the Order by e-mail to the address provided by the Customer in the Order form.
14. Orders are processed according to the order of their placement.
15. The Seller is entitled to introduce the maximum number of pieces of a given Product covered by one Order, as well as to limit the methods of delivery, payment methods or wholesale orders. Any such restrictions will be communicated to the User each time before he/she clicks the button: "Order and pay", referred to in par. 8 above.
§3. Prices and Payments
1. The Prices of Products are given in euro (EUR) or Polish zlotys (PLN) and are gross prices. The Prices of Products showed in the Store do not include delivery costs. The total cost of the Order, including delivery costs, will be provided to the Buyer before the final placing of the Order by clicking the button: " Order with obligation to pay".
2. Payment for the Products can be made in one of the following ways:
1) transfer to the Seller’s bank account specified on the Website,
2) online payment in the instant payment system specified on the Website.
3. The Seller may also introduce additional payment methods, the information of which will be properly displayed on the Website.
4. If the payment is not made within 7 (seven) working days from the date of placing the Order - the Order will be canceled.
5. In the case of using the payment method indicated in §3 par. 2 points 1 and 2 above, the order will be forwarded for execution no later than within 10 (ten) business days after the entire price of the ordered Products is credited to the Seller's bank account (the Customer will receive a confirmation of sale after the payment of the entire price of the ordered Products is credited)
1. The delivery of Products is limited to the area of: Poland, France and Germany. If you want to receive the Products at an address outside the area indicated in the previous sentence, the Seller will ask for contact by e-mail, telephone or using the contact form provided in the Store in order to agree on the possibility and possible terms of such delivery.
2. Delivery is carried out from Monday to Friday, with the exception of public holidays.
3. The Products ordered by the Buyer are delivered via the carrier indicated on the Website, the cost of which will be indicated each time when placing the Order. In the case of delivery of Products to countries other than those indicated in §4 par. 1 sentence 1 above, the determination of delivery costs may require individual contact between the Buyer and the Seller.
4. In the case of when the Order placed includes more Products, the shipping time of the entire Order is adapted to the Product with the longest delivery time.
5. A Buyer who is not a Consumer is required to verify in the presence of the carrier (courier) that the Product delivered has not been damaged. The basis for a possible return is the damage report drawn up correctly at the presence of the courier, the lack of a report is tantamount to the Seller's refusal to accept the return.
6. The Seller ensures the delivery of the Products together with bringing them to the place indicated by the Customer. The Seller does not provide the unpacking of the Products, disposal of the Product packaging or the assembly of Products consisting of multiple elements as part of the delivery service.
§5. The Right to Withdraw from the Contract
1. The Consumer purchasing the Product in the Store can withdraw from the contract concluded with the Seller in 14 (fourteen) days from the date of the Product delivery, without incurring any costs other than direct costs of returning the Product. The right of withdrawal, referred to in the previous sentence, can be exercised by submitting an appropriate statement in writing or by e-mail; however, it is sufficient to send the statement to the address indicated in § 1. par. 4 of the Terms and Conditions to comply with the deadline indicated in the previous sentence before its expiry. The statement of withdrawal can be made using the form attached to the Terms and Conditions and also sent to the Consumer in the confirmation of the conclusion of the contract referred to in §2 par. 10 of the Terms and Conditions, or with the Product delivered.
2. If the right to withdraw is exercised, the Seller will reimburse the Consumer for all payments made, including the delivery cost (with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest method of delivery offered by the Seller) immediately yet not later than in 14 (fourteen) days following receipt of the Consumer’s statement on withdrawal from the contract, using the same method of payment as used by the Consumer, unless the Consumer has agreed to a different method of return, which does not involve any costs for him. Payments will be refunded using the same payment method as the one used by the Consumer unless the Consumer has agreed to another refund method that does not involve any costs for the Consumer. If the Consumer choses the payment method provided for in § 3 par. 2. point 1) or 2) of the Terms and Conditions, the refund will be made, with the Consumer’s consent and depending on his/her choice, to the bank account specified by the Consumer or by postal order to the address provided by the Consumer.
3. In the event of exercising the right of withdrawal, the Consumer will return the Product within 14 (fourteen) days from the date of submitting the declaration of withdrawal from the Product sales contract. Due to the nature of the Products, their return is organized by the Seller. Due to the dimensions and weight of the Products, in the event of withdrawal from the sales contract, returning the Products may involve higher than standard return costs. In order to return the Product, the Customer should contact the Seller and determine the date of receipt of the returned Product. The returned Product is picked up by the carrier ordered by the Seller. The Customer will receive a return label from the Seller, which should be placed on the packaging of the returned Product. Detailed information on the method of packing the returned Products recommended by the Seller and the return procedure can be found in the instructions at: https://micadoni.com/en/content/7-returns
4. The Consumer bears the direct costs of returning the Product, which will be deducted by the Seller from the amount returned to the Consumer (referred to in par. 2 sentence 1 above).
5. The Consumer is liable for the decrease in the value of the Product as a result of using the Product in a way that goes beyond what is necessary to establish its nature, characteristics and functioning.
6. In the meaning of art. 38 of the Consumer Rights Act of 30 May 2014 the Consumer is not entitled to the right to withdraw referred to in par. 1. above in the case of following contracts:
1) sale of non-prefabricated Products manufactured according to the Consumer’s specifications or meeting his/her individual needs;
2) in which an item delivered in a sealed package, which cannot be returned after opening because of health protection or for hygiene reasons if the packaging was opened after delivery, is the subject of contractual obligations;
3) in which items that after delivery, due to their nature, are inseparably connected with other things are the subject of contractual obligations.
7. Accordingly, the right to withdraw referred to in this section applies to services provided by the Seller by electronic means.
§6. Additional Legal Disclaimers
1. The contents and structure of the Website are protected by copyright. Reproduction of the information or data, in particular the use of texts available on the website (including the Terms and Conditions), as well as their parts, and photos, graphics, drawings, maps, plans and videos, in cases other than expressly permitted by the Act or the Terms and Conditions, without the consent of the Seller, is prohibited.
2. The Seller informs that the photos and visualizations of the Products posted on the Website are only used to present the specific Product models indicated in them and may differ depending on the individual settings of the User's device.
§7. Special Provisions Related to the Provision of Services by the Seller by electronic means
1. The Terms and Conditions are the regulations of the provision of services by electronic means within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means (hereinafter: the "Act on Providing Services by Electronic Means"), subject to par. 15 below.
2. The following is necessary to browse the Store and interact with the ICT system used by the Seller:
1) hardware allowing for browsing websites with Internet access; in particular, it can be a device controlled by the following operating systems: Windows, Linux, MacOS, Android; the minimum screen resolution in which access to the Store’s website is responsive: 1280x768;
2) updated web browser with Java Script support in the latest stable version supplied by the manufacturer: MS Edge, Google Chrome, Mozilla Firefox, Opera, Safari;
4) disabled software blocking the execution of the above-mentioned scripts;
5) active e-mail account (e-mail);
6) information provided by the Seller, including the Terms and Conditions, can be delivered in *.pdf format. In order to view it, it is necessary to install software that allows for opening such files, e.g. Adobe Acrobat Reader.
3. The conclusion of the contract for the provision of electronic services takes place when the Account is registered by the person using the Store or by providing an e-mail address in order to receive the Newsletter.
4. The contract for the provision of services by electronic means is concluded for an indefinite period of time and may be terminated on the terms provided for in applicable law, as well as by sending a statement on termination of the contract for the provision of services by electronic means to the contact data of the Seller specified in § 1. par. 4. of the Terms and Conditions.
5. When using the Store and other services provided by the Seller by electronic means, it is prohibited for the User to provide unlawful content that violates the personal rights or proprietary copyrights of third parties, or to violate the existing social and moral norms, principles of social intercourse on the Internet (netiquette) in any way whatsoever. In particular, it is prohibited to:
1) promote totalitarian regimes, symbols associated with them, incite hatred or crime;
2) post vulgar content, or content including profanity or widely deemed offensive;
3) post and use personal data of other persons and their images without proper authorization;
4) deliver malware;
5) post content that promotes use of drugs or psychoactive substances, or promoting alcohol abuse;
6) spam or carry out activities bearing the hallmarks of unfair competition or unfair market practices.
7) post content that undermines the good name or reputation of the Seller or third parties;
8) post links to webpages and files containing the above-mentioned content.
6. It is not allowed to carry out any penetration tests, security tests, security breach attempts, and hacking activities affecting the Store.
7. The User is responsible for the content posted by him/her in the Store. If the User posts any content prohibited by law or by the Terms and Conditions in the Store, the Seller is authorized to remove such content, as well as to terminate the contract for the provision of services by electronic means on this basis with immediate effect.
8. The procedure of complaint concerning services provided by electronic means is as follows:
1) persons who are recipients of a given service may submit complaints regarding the services provided by electronic means by the Seller; complaints should be submitted in writing or by e-mail to the addresses provided for in § 1. par. 4. of the Terms and Conditions;
2) the complaint should contain:
a) designation of the User and his/her identification data;
b) designation of the service to which the complaint relates;
c) justification with indication of the non-compliance.
9. Complaints will be considered in 14 (fourteen) days from their receipt.
10. During the complaint procedure, the Seller may ask for additional explanations, documents or verification of the course of the occurrence subject to complaint.
11. After the complaint is considered, the Seller will inform the person submitting the complaint about its acceptance or refusal to accept it (wherein the information about refusal to accept the complaint will be provided with justification).
12. When the complaint procedure regulated in the Terms and Conditions has been exhausted, the User being a Consumer has the opportunity to apply to the court to pursue her/his possible claims or use extrajudicial complaint methods permitted by law, in particular mediation and permanent arbitration court procedure conducted by the relevant units of the Trade Inspection, and also obtain assistance in this regard from the relevant poviat or municipal consumer ombudsman (however, the Seller is not obliged to consent to the use of out-of-court complaint resolution methods). Detailed information on the possibility of applying out-of-court procedures may be available, inter alia, at the premises of competent authorities (municipal and poviat consumer ombudsmen, Provincial Inspectorates of the Trade Inspection) and on their websites, as well as on the websites of the Office of Competition and Consumer Protection (www.uokik.gov.pl).
13. The Seller also informs about the existence of the ODR (online dispute resolution) platform, functional from 15 February 2016 at: http://ec.europa.eu/consumers/odr and about the possibility of using the ODR platform to resolve disputes.
14. In order to meet the requirements of the Act on Providing Services by Electronic Means, the Seller hereby informs that:
1) the use of services provided by electronic means via the internet involves risk. The main threat is the possibility of infecting the ICT system by the so-called viruses, worms and Trojans. In order to avoid such risks, it is recommended that persons using the Store install anti-virus software on their devices and update it on a regular basis,
2) the Seller adds files to the IT system of the person using the Store called “cookies”, that is short pieces of text that the website sends to the browser and which the browser sends back at the next visits to the website. “Cookies” are mainly used to maintain sessions, e.g. by generating and sending back a temporary identifier after logging in. However, they can be used more widely through saving any data that can be encoded as a string of characters. Owing to this, the user does not have to enter the same information every time when he/she returns to this page or switches from one page to another.
15. The Seller reserves the right to draw up other separate regulations for specific services provided by electronic means. If such separate regulations apply, the provisions of par. 1.-14. above do not apply to the service to which they relate.
1. In relation to the Consumer, the Seller undertakes to deliver Products without defects.
2. The Seller is liable to Consumers for defects in the Products under the terms of the warranty regulated in the Civil Code. In relation to Buyers who are not Consumers, the provisions of art. 556.-576 of the Civil Code do not apply (the Seller's liability under the warranty towards Buyers who are not Consumers is excluded).
3. Complaints arising from the warranty may be submitted to the Seller in writing or by e-mail to the address indicated in §. 1. Par. 4. point 3 of the Terms and Conditions.
4. The complaint should contain at least:
1) designation of the person submitting the complaint with the necessary identification data, including the e-mail address;
2) designation of the Product to which the complaint relates and an exhaustive indication of the irregularity.
5. In the absence of the required information, the Seller will contact the person who submitted the complaint in order to complete it.
6. During the complaint procedure, the Seller may request additional explanations, documents or verification of the course of the event subject to the complaint.
7. Within 14 (fourteen) days of submitting the complaint containing all the necessary data, the Seller will respond to it and notify the Consumer about how to proceed.
8. The Seller will endeavor to deal with complaints without undue delay.
9. When the complaint procedure regulated in the Terms and Conditions has been exhausted, the User being a Consumer has the opportunity to apply to the court to pursue her/his possible claims or use extrajudicial complaint methods permitted by law, in particular mediation and permanent arbitration court procedure conducted by the relevant units of the Trade Inspection, and also obtain assistance in this regard from the relevant poviat or municipal consumer ombudsman (however, the Seller is not obliged to consent to the use of out-of-court complaint resolution methods). Detailed information on the possibility of applying out-of-court procedures may be available, inter alia, at the premises of competent authorities (municipal and poviat consumer ombudsmen, Provincial Inspectorates of the Trade Inspection) and on their websites, as well as on the websites of the Office of Competition and Consumer Protection (www.uokik.gov.pl).
10. The Seller also informs about the existence of the ODR (online dispute resolution) platform, functional from 15 February 2016 at: http://ec.europa.eu/consumers/odr and about the possibility of using the ODR platform to resolve disputes.
11. The Seller does not provide a guarantee for its Products.
12. The seller does not offer any after-sales services.
1. Each User can, by providing her/his e-mail address and accepting the provisions of the Terms and Conditions, and submitting other required statements, agree to receive the Newsletter to her/his own e-mail address provided.
2. If such consent is given, the Seller may periodically send the Newsletter to the e-mail address provided by the User (on dates determined at the Seller’s discretion).
3. The User may unsubscribe from the newsletter by clicking the link provided in each Newsletter message or by sending a request to unsubscribe to the e-mail address specified in §1. par. 4(3) of the Terms and Conditions.
4. The Newsletter may include paid promotion, commercial offers, industry information and advertising.
5. The Newsletter service is free of charge.
§10. Final provisions
1. The Seller is not bound by any additional, optional codes of good practice or other similar documents, which does not exclude the fact that the Seller is already obliged under the generally applicable law not to violate the principles of fair competition and not to get involved in unfair market practices.
2. Polish law shall govern the assessment of the rights and obligations of the parties arising from the Terms and Conditions in the case of a User who is not a Consumer. In the case of Consumers, the governing law is determined in accordance with the generally applicable law, in particular regarding the protection of consumer rights.
3. Settlement of possible disputes arising between the Seller and the Customer who is not a Consumer is subjected to a court having jurisdiction over the address specified in §1 par. 3. of the Terms and Conditions.
4. All persons using the Store can access the Terms and Conditions at any time via the link found on the Store’s website, copy the file content or download it in .pdf format and print it out.
5. The Seller informs that the Terms and Condition are subject to changess. In such a case, delivery of the Terms and Conditions to the User will take place by posting it in the Store and on relevant websites of the Seller, as well as by sending the Terms and Conditions to the Customer’s e-mail address.
7. The Terms and Conditions enter into force on 15.04.2021.