TERMS AND CONDITIONS

§1 Definitions

1. Mailing Address – the full name or the name of the institution: Misoui Jakub Kasperek, ul. Staszica 13, 63-000, Środa Wielkopolska.
2. Complaint Address – provided each time via email.
3. Delivery Price List – calculated based on the order value; it is displayed in the order summary in the “cart” section.
4. Contact Details – provided via the contact form on the website in the “Contact” section.
5. Proof of Purchase – an invoice, receipt, or ticket issued in accordance with the Act on Tax on Goods and Services dated March 11, 2004, as amended, and other applicable laws.
6. Product Page – an individual subpage of the shop containing information about a single product.
7. Client – an adult natural person with full legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller that is directly related to its business or professional activity.
8. Civil Code – the Civil Code Act of April 23, 1964, as amended.
9. Code of Good Practices – a set of conduct rules, in particular ethical and professional standards, referred to in Article 2(5) of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
10. Consumer – an adult natural person with full legal capacity who makes a purchase from the Seller not directly related to their business or professional activity.
11. Cart – a list of products prepared from the products offered in the shop based on the Buyer’s selections.
12. Buyer – both the Consumer and the Client.
13. Place of Delivery – the mailing address or pickup point indicated in the Buyer’s order.
14. Moment of Delivery – the moment when the Buyer or a third party designated by the Buyer takes possession of the goods.
15. ODR Online Platform – the EU online dispute resolution service operating under Regulation (EU) No. 524/2013 of May 21, 2013, on online dispute resolution for consumer disputes, as amended by Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, available at https://webgate.ec.europa.eu/odr.
16. Payment – the method used to pay for the subject of the contract and the delivery.
17. Authorized Entity – an entity authorized to resolve consumer disputes out of court under the Act on Out‑of‑Court Resolution of Consumer Disputes of September 23, 2016, as amended.
18. Consumer Law – the Act on Consumer Rights dated May 30, 2014.
19. Product – the minimum and indivisible quantity of goods that can be ordered, as specified in the Seller’s shop as the unit of measure when determining its price (price/unit).
20. Pickup Point – a place of delivery that is not a mailing address, as listed in the schedule provided by the Seller in the shop.
21. UOKiK Register – the register of authorized entities maintained by the Office of Competition and Consumer Protection pursuant to the Act on Out‑of‑Court Resolution of Consumer Disputes of September 23, 2016, as amended, available at https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
22. Shop – the online service available at misoui.com, through which the Buyer can place an order.
23. Seller – Misoui Jakub Kasperek, ul. Staszica 13, 63-000, Środa Wielkopolska, NIP: 7773180692, REGON 389921997.
24. System – a set of interconnected IT devices and software that ensures processing and storage, as well as the sending and receiving of data via telecommunications networks using the appropriate end device for that type of network, commonly referred to as the Internet.
25. Delivery Time – the number of hours or working days specified on the product page.
26. Contract – a contract concluded outside the business premises or at a distance, in the case of Consumers, in accordance with the Act on Consumer Rights dated May 30, 2014, and a sales contract in the case of Buyers as understood in Article 535 of the Civil Code Act of April 23, 1964.
27. Defect – either a physical defect or a legal defect.
28. Physical Defect – non‑conformity of the sold item with the contract, in particular if the item: a. does not have the properties that an item of that kind should have due to the purpose indicated in the contract or resulting from the circumstances or intended use; b. does not have the properties that the Seller assured the Consumer existed; c. is not suitable for the purpose the Consumer informed the Seller about when concluding the contract, and the Seller did not raise any objection regarding that purpose; d. was delivered to the Consumer in an incomplete state; e. in case of its incorrect installation and activation, if such actions were carried out by the Seller or a third party for whom the Seller is responsible, or by the Consumer who acted in accordance with the instructions received from the Seller; f. does not have the properties that were assured by the manufacturer or its representative or by the person who introduces the item into circulation as part of their business activity, or by the person who, by placing their name, trademark, or another distinguishing mark on the sold item, presents themselves as the manufacturer, unless the Seller reasonably did not know and could not reasonably have known of such assurances or they were corrected prior to the conclusion of the contract.
29. Legal Defect – a situation in which the sold item is owned by a third party or is encumbered by a third party’s rights, or when a restriction on the use or disposal of the item results from a decision or ruling of a competent authority.
30. Order – the expression of the Buyer’s will submitted via the shop, clearly specifying: the type and quantity of products; the type of delivery; the method of payment; the place of delivery; the Buyer’s details; and directly aimed at concluding a contract between the Buyer and the Seller.

§2 General Conditions

1. The contract is concluded in Polish, in accordance with Polish law and these Terms and Conditions.
2. The place of delivery must be located within the territory of the Republic of Poland.
3. The Seller is obliged and undertakes to provide services and deliver goods free from defects.
4. All prices provided by the Seller are expressed in Polish currency and are gross prices (including VAT). The prices of the products do not include the cost of delivery, which is specified in the delivery price list.
5. All time periods are calculated in accordance with Article 111 of the Civil Code, meaning that a period specified in days ends at the end of the last day, and if the beginning of the period is marked by a certain event, the day on which that event occurs is not counted.
6. The confirmation, provision, recording, and safeguarding of all essential contractual provisions to ensure future access to this information is made in the form of: a. order confirmation by sending to the specified email address: the order, pro forma invoice, information about the right to withdraw from the contract, these Terms and Conditions in PDF format, a sample withdrawal form in PDF format, links for self‑download of the Terms and Conditions and the withdrawal form; b. attaching to the fulfilled order, sent to the specified place of delivery, printed: proof of purchase, information about the right to withdraw from the contract, these Terms and Conditions, the withdrawal form.
7. The Seller informs about any guarantees granted by third parties for the products available in the shop.
8. The Seller does not charge any fees for communication using distance communication means; the Buyer shall bear such costs in the amount resulting from the agreement concluded with the third party providing the relevant communication service.
9. The Seller ensures that the shop functions correctly for Buyers using the system in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. The use of third‑party software affecting the operation and functionality of browsers (Internet Explorer, FireFox, Opera, Chrome, Safari) may affect the proper display of the shop; therefore, to achieve full functionality of misoui.com and shop.misoui.com, all such software should be disabled.
10. The Buyer may choose to have their data remembered by the shop to facilitate subsequent orders. For this purpose, the Buyer must provide a login and password necessary for accessing their account. The login and password are sequences of characters set by the Buyer, who is obliged to keep them confidential and protect them against unauthorized access. The Buyer may at any time view, correct, update, and delete their account in the shop.
11. The Seller adheres to the Code of Good Practices.
12. The Buyer is obliged to: a. not provide or transmit content prohibited by law, e.g., content promoting violence, defamatory content, or that infringes on the personal or other rights of third parties; b. use the shop in a manner that does not disrupt its functioning, particularly through the use of certain software or devices; c. refrain from actions such as sending or posting unsolicited commercial information (spam) within the shop; d. use the shop in a manner that does not cause inconvenience to other Buyers or the Seller; e. use any content provided within the shop solely for personal use; f. use the shop in accordance with the laws applicable in the territory of the Republic of Poland, these Terms and Conditions, and general netiquette principles.

§3 Conclusion of the Contract and Performance

1. Orders may be placed 24 hours a day.
2. To place an order, the Buyer must perform at least the following actions (some of which may be repeated): a. adding a product to the cart; b. selecting the type of delivery; c. selecting the method of payment; d. selecting the place of delivery; e. placing the order in the shop by clicking the “Order and Pay” button.
3. The contract with a Consumer is concluded at the moment the order is placed.
4. For a Consumer paying cash on delivery, the order is performed immediately, and for an order paid by bank transfer or via an electronic payment system, performance occurs after the payment is credited to the Seller’s account, which should occur within 30 days from placing the order, unless the Consumer was unable to fulfill the payment due to no fault of their own and notified the Seller.
5. The contract with a Client is concluded at the moment the Seller accepts the order and the order is paid via the payment system. In our shop, payments are processed via PayPal, the PayU service or Shoper payments.
6. For a Client paying cash on delivery, performance is carried out immediately after the contract is concluded, and for an order paid by bank transfer or via an electronic payment system, performance occurs after the contract is concluded and the payment is credited to the Seller’s account.
7. The performance of a Client’s order may be conditional upon receiving the full or partial payment of the order’s value.
8. Shipment of the subject of the contract occurs within the time specified on the product page, and for orders comprising multiple products, within the longest specified time on the product pages. The period begins when the order is processed.
9. The purchased subject of the contract, along with the sales document selected by the Buyer, is sent via the delivery method chosen by the Buyer to the delivery address specified in the order, together with the attachments referred to in §2 point 6b.

§4 Right to Withdraw from the Contract

1. Under Article 27 of Consumer Law, the Consumer has the right to withdraw from a distance contract without providing any reason and without incurring any costs, except for the costs specified in Articles 33 and 34 of Consumer Law.
2. The withdrawal period for a distance contract is 21 days from the moment of delivery of the goods, and it is sufficient to send the withdrawal statement before the period expires.
3. The Consumer may submit the withdrawal statement on the form whose template constitutes Annex No. 2 to Consumer Law; the form is sent as a reply to the customer’s notification or in another form compliant with Consumer Law.
4. The Seller shall immediately confirm via email (to the address provided at the time of contract formation, or any other provided in the withdrawal statement) the receipt of the withdrawal statement.
5. In the event of withdrawal from the contract, the contract is considered not concluded.
6. The Consumer is obliged to return the goods to the Seller immediately, but no later than 14 days from the day on which the withdrawal was made. It is sufficient to return the goods before the period expires.
7. The Consumer returns the goods at their own expense.
8. The Consumer does not bear the cost of delivering digital content not recorded on a tangible medium if they did not consent to the service being performed before the withdrawal period expired or were not informed of the loss of their right to withdraw at the time of giving such consent, or if the entrepreneur did not provide confirmation in accordance with Article 15(1) and Article 21(1) of Consumer Law.
9. The Consumer is responsible for any reduction in the value of the goods resulting from handling beyond what is necessary to determine the nature, characteristics, and functioning of the goods.
10. The Seller shall refund all payments made by the Consumer, excluding the sales system commission and transportation costs, within 14 days of receiving the returned product. The Seller will not refund additional costs in accordance with Article 33 of Consumer Law.
11. The Seller refunds the payment using the same method used by the Consumer.
12. The Seller may withhold the refund until the goods are received back or the Consumer provides proof of their return, whichever occurs first.
13. In accordance with Article 38 of Consumer Law, the Consumer does not have the right to withdraw from the contract: a. if the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control and which may occur before the withdrawal period expires; b. if the subject of the service is a non‑prefabricated good produced according to the Consumer’s specifications or designed to meet their individualized needs; c. if the subject of the service is a good that deteriorates quickly or has a short shelf‑life; d. if the subject of the service is delivered in sealed packaging, which cannot be returned once opened for health or hygiene reasons, provided the packaging was opened after delivery; e. if the subject of the service consists of goods that, due to their nature, become inseparably mixed with other goods upon delivery; f. if the subject of the service consists of audio or visual recordings or computer programs delivered in sealed packaging, provided the packaging was opened after delivery; g. if the service concerns the supply of digital content not recorded on a tangible medium, provided that performance of the service commenced with the Consumer’s explicit consent before the withdrawal period expired and after being informed by the entrepreneur of the loss of their right of withdrawal; h. if the service concerns the delivery of journals, periodicals, or magazines, except in the case of a subscription; i. if the service concerns made‑to‑order products that deviate from the standard offer available in the shop.

§5 Warranty (Rękojmia)

1. If the customer does not inform the Seller of any damage to the shipment within 24 hours of receiving the product, providing appropriate photographic documentation, the Seller shall not be liable for filing a claim with the shipping company. If the shipment is damaged, the customer may refuse to accept it.
2. Based on Article 558(1) of the Civil Code, the Seller completely excludes liability towards Clients for physical and legal defects (warranty). The Seller is liable towards the Consumer under the provisions of Article 556 of the Civil Code and subsequent articles for defects (warranty).
3. The Consumer cannot withdraw from the contract if the defect is insignificant. Upon discovering a defect, the customer is obliged to contact the shop via the contact form on the website. The Seller assumes that if the customer does not report visible defects within 14 days of receiving the shipment, both parties agree that the product conforms to the description on the website and is free from visible defects.
4. If the sold item has a hidden defect that appears during use, the Consumer may demand that the defect be remedied. The Seller will acknowledge the defect if it is not the result of improper use of the product. The complaint procedure is initiated by the customer upon completing the contact form on the website in order to receive the appropriate complaint procedure via email from the Seller.
5. The Seller is obliged to exchange a defective item for one free of defects or to remedy the defect within a reasonable time without undue inconvenience to the Consumer.
6. The Seller may refuse to comply with the Consumer’s demand if bringing the defective item into conformity with the contract in the manner chosen by the Buyer is impossible or, compared to another possible method of conformity, would incur excessive costs.
7. Within 30 days of receiving the complained product, the Seller shall respond to the complaint based on Article 5615 of the Civil Code: a statement of the demand for a price reduction proportional to the defect, a demand for exchange of the item for one free of defects, or a demand for the removal of the defect. The Seller will also inform the customer whether the complaint has been accepted or rejected.
8. If the customer does not agree with the opinion, at their own expense they must pay for a professional evaluation by a qualified expert officially authorized to perform such an evaluation. Otherwise, disputing the Seller’s decision will not be recognized. The Seller does not refund the costs for the independent expert’s evaluation.

§6 Privacy Policy and Personal Data Security

1. The Administrator of the personal data databases provided by the Consumers of the shop is the Seller.
2. The Seller undertakes to protect personal data in accordance with the Act on the Protection of Personal Data dated August 29, 1997, and the Act on the Provision of Electronic Services dated July 18, 2002. By providing their personal data when placing an order, the Buyer consents to its processing by the Seller for the purpose of fulfilling the order. The Buyer may at any time view, correct, update, and delete their personal data.
3. Detailed rules regarding the collection, processing, and storage of personal data used for order fulfillment by the shop are described in the Privacy Policy, which is available at: www.misoui.com/polityka-prywatnosci.

§7 Final Provisions

1. None of the provisions of these Terms and Conditions is intended to infringe upon the Buyer’s rights. They cannot be interpreted as such; in the event of any part of these Terms and Conditions conflicting with applicable law, the Seller declares absolute subordination to and the application of that law in place of the contested provision.
2. Registered Buyers will be notified of any changes to these Terms and Conditions and their scope via electronic means (to the email provided during registration or at the time of order). The notification will be sent at least 30 days before the new Terms and Conditions come into effect. Changes will be made to adapt the Terms and Conditions to the current legal requirements.
3. The current version of the Terms and Conditions is always available to the Buyer in the “Terms and Conditions” section (www.misoui.com/regulamin). During the order fulfillment process and throughout the entire post‑sales period, the Buyer is subject to the Terms and Conditions accepted at the time of placing the order, except in cases where the Consumer deems them less favorable than the current version and informs the Seller of their choice of the current version as binding.
4. In matters not regulated by these Terms and Conditions, the applicable legal provisions shall apply. Any disputes, if the Consumer so desires, shall be resolved through mediation before the Provincial Inspectorates of the Office of Competition and Consumer Protection or through arbitration proceedings at the Provincial Inspectorate of the Office of Competition and Consumer Protection. The Consumer may also use equivalent and lawful methods of pre‑court or out‑of‑court dispute resolution, e.g., via the EU Online Dispute Resolution platform or by selecting any authorized entity listed in the UOKiK register. The Seller declares its intention and agrees to resolve consumer disputes out of court.
5. The Buyer has the right, prior to placing an order, to negotiate any contractual provisions with the Seller, including those that alter the provisions of these Terms and Conditions. Such negotiations should be conducted via email.
6. In the event that the Buyer renounces the possibility of entering into a contract through individual negotiations, these Terms and Conditions and the applicable legal provisions shall apply.