Terms of service
Terms of Service
§ 1. Preliminary provisions
1. The online store miellec.com, available at the internet address www.miellec.com, is operated by the company Mielecki Instytut Technologiczny sp. z o.o. with its registered office in Mielec at ul. Racławicka 11, 39-300 Mielec, NIP 8172193638, REGON 383720447.
2. These Regulations are addressed both to Consumers and Entrepreneurs using the Store and define the rules for using the online Store as well as the rules and procedure for concluding Sales Agreements with the Customer remotely via the Store.
§ 2. Definitions
1. Consumer - a natural person concluding a contract with the Seller within the Store, whose subject is not directly related to their business or professional activity.
2. Seller - a company conducting business under the name Mielecki Instytut Technologiczny sp. z o.o., registered in the KRS (National Court Register) under number 0000791946 supervised by the minister competent for the economy, NIP 8172193638, REGON 383720447.
3. Customer - any entity making purchases through the Store.
4. Entrepreneur - a natural person, legal person, or organizational unit without legal personality, to which a separate law grants legal capacity, conducting business activity on their own behalf, who uses the Store.
5. Store - an online store operated by the Seller at the internet address www.miellec.com
6. Distance contract - a contract concluded with the Customer within an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of remote communication until the conclusion of the contract inclusive.
7. Regulations - these Store regulations.
8. Order - a declaration of intent by the Customer made via the Order Form and directly aimed at concluding a Sales Agreement for the Product or Products with the Seller.
9. Account - a customer account in the Store, where data provided by the Customer and information about Orders placed by them in the Store are collected.
10. Registration form - a form available in the Store that allows the creation of an Account.
11. Order form - an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Cart – a software element of the Store where Products selected by the Customer for purchase are visible, and it is also possible to set and modify Order data, in particular the quantity of products.
13. Product - a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement - a sales agreement for the Product concluded or to be concluded between the Customer and the Seller via the online Store. The Sales Agreement also means - depending on the Product's characteristics - a service contract and a contract for specific work.
15. 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, and repealing Directive 95/46/EC (General Data Protection Regulation) of 27 April 2016 (Official Journal of the EU L No. 119, p. 1).
§ 3. Contact with the Store
1. Seller's address: Racławicka 11, 39-300 Mielec
2. Seller's email address: support@miellec.com
3. The Customer can communicate with the Seller using the addresses provided in this paragraph.
4. The Customer can communicate with the Seller between 8 a.m. and 4 p.m. on working days.
§ 4. Technical requirements
1. To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:
- an end device with Internet access and a web browser,
- active email account,
- enabled cookie support,
§ 5. General information
1. The Seller, to the fullest extent permitted by law, is not liable for disruptions, including interruptions in the operation of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer's technical infrastructure.
2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products available in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
3. Prices given in the Store are stated in Polish zlotys and are gross prices (including VAT).
4. The final (ultimate) amount payable by the Customer consists of the price for the Product and the delivery cost (including charges for transport, delivery, and postal services), about which the Customer is informed on the Store's pages during the Order placement, including at the moment of expressing the will to be bound by the Sales Agreement.
5. In the case of an Agreement covering a subscription or provision of services for an indefinite period, the final (ultimate) price is the total price covering all payments for the billing period.
6. When the nature of the subject of the Agreement does not reasonably allow for the prior calculation of the final (ultimate) price, information on how the price will be calculated, as well as on charges for transport, delivery, postal services, and other costs, will be provided in the Store in the Product description.
§ 6. Creating an Account in the Store
1. Creating an Account in the Store is free of charge.
2. Logging into the Account is done by providing the login and password established in the Registration Form.
3. The customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the addresses given in § 3.
§ 7. Rules for placing an Order
To place an Order, you must:
1. Log in to the Store (optional);
2. Select the Product to be ordered, then click the “Add to cart” button (or equivalent);
3. Log in or use the option to place an Order without registration;
4. If the option to place an Order without registration is selected - fill out the Order Form by entering the recipient's data and the address where the Product is to be delivered, choose the type of shipment (method of Product delivery), enter invoice data if different from the recipient's data,
5. Click the “Order and pay” button/click the “Order and pay” button and confirm the order by clicking the link sent in the email,
6. Choose one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to § 8 point 3.
§ 8. Offered delivery and payment methods
1. The entity providing online payment services is Przelewy 24.
2. The customer can use the following delivery or pickup methods for the ordered Product:
Courier shipment, cash on delivery courier shipment,
The customer can use the following payment methods:
Cash on delivery payment
Payment by bank transfer to the Seller's account
Electronic payments
Payment deferral
Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
The payment card operator is PayPro SA Settlement Agent, ul Kancelarska 15, 60-327 Poznań, registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under number KRS 0000347935, NIP 7792369887, Regon 301345068.
Detailed information about delivery methods and accepted payment methods can be found on the Store's pages.
§ 9. Execution of the sales agreement
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is done by the Seller sending the Customer an appropriate email to the email address provided during the Order placement, which contains at least the Seller's statements about receiving the Order and accepting it for processing, as well as confirmation of concluding the Sales Agreement. Upon receiving the above email, the Sales Agreement between the Customer and the Seller is concluded.
If the Customer chooses:
- For bank transfer, electronic payments, or card payments, the Customer is obliged to make the payment within 3 calendar days from the date of concluding the Sales Agreement – otherwise the order will be canceled.
- For cash on delivery payments upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
3. If the Customer chooses a delivery method other than personal pickup, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer during the Order placement.
4. In the case of ordering Products with different delivery times, the delivery time is the longest specified time.
5. The start of the delivery time for the Product to the Customer is counted as follows:
- If the Customer chooses bank transfer or electronic payments – from the day the Seller's bank account is credited.
- If the Customer chooses cash on delivery as the payment method – from the day the Sales Agreement is concluded.
- In the case of card payments, the order processing time must be indicated from the moment of obtaining positive authorization.
- If the Customer chooses personal pickup of the Product, the Product will be ready for pickup by the Customer on the date specified in the Product description. The Customer will be additionally informed about the Product's readiness for pickup by the Seller through an appropriate email sent to the email address provided by the Customer during the Order placement.
- In the case of ordering Products with different readiness dates for collection, the readiness date for collection is the longest given date.
6. Delivery of the Product takes place within the territory of the European Union.
7. Delivery of the Product to the Customer is paid, unless the Sales Contract provides otherwise. The delivery costs of the Product (including transport, delivery, and postal service fees) are indicated to the Customer on the Online Store pages in the "Delivery" section and during the Order placement, including at the moment the Customer expresses the will to be bound by the Sales Contract.
8. Personal collection of the Product by the Customer is free of charge.
§ 10. Right of withdrawal from the contract
1. The Consumer may withdraw from the Sales Contract within 14 days without giving any reason.
2. The deadline specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person indicated by them other than the carrier.
3. In the case of a Contract that includes multiple Products delivered separately, in batches, or in parts, the deadline indicated in paragraph 1 starts from the delivery of the last item, batch, or part.
4. In the case of a Contract involving the regular delivery of Products for a specified period (subscription), the deadline indicated in paragraph 1 starts from the possession of the first item.
5. The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.
6. The statement may be sent by traditional mail, fax, or electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3. The statement can also be submitted on a form, the template of which is annex 1 to these Terms and Conditions and an annex to the Act of May 30, 2014, on consumer rights, but this is not mandatory.
7. In the event of the necessity to refund the funds for a transaction made by the consumer, the Seller refunds the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different refund method that does not incur any costs for them.
8. Regardless of the confirmation of the Corrective Invoice, no later than within 14 calendar days from the date of receiving the consumer's statement of withdrawal from the contract, the Seller is obliged to refund the Consumer all payments made by them, including the delivery costs of the Product (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method available in the Online Store).
9. The consumer is responsible for the reduction in the value of the Product resulting from using it in a way that exceeds what is necessary to establish the nature, features, and functioning of the product. Exceeding these limits does not make withdrawal from the contract ineffective.
§ 11. Complaint and warranty
1. The Sales Agreement covers new Products.
2. In the case of receiving a damaged shipment from the courier, the Customer is obliged to prepare a damage report. If the Customer does not prepare the aforementioned report, the complaint will not be considered.
3. In the event of a defect in goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions in the Civil Code.
4. Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Terms and Conditions.
5. Goods returned as part of the complaint procedure should be sent to the address given in §3 of these Terms and Conditions.
§ 12. Out-of-court methods of complaint handling and claim enforcement
1. Detailed information regarding the possibility for the Consumer to use out-of-court methods of complaint handling and claim enforcement, as well as the rules of access to these procedures, are available at the offices and websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Trade Inspection Inspectorates, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following example options for using out-of-court methods of complaint handling and claim enforcement: a. The consumer is entitled to apply to the permanent consumer arbitration court referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller. b. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable resolution of the dispute between the Consumer and the Seller.
3. The consumer can obtain free assistance in resolving a dispute between them and the Seller, also using the free help of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (e.g., the Consumers' Federation, the Polish Consumers' Association).
§ 13. Personal data in the Online Store
1. The administrator of personal data of Clients collected via the Online Store is the Seller.
2. The Seller undertakes to protect personal data in accordance with GDPR. The Client/Service Recipient, by providing their personal data to the Seller/Service Provider when placing an order, consents to their processing by the Seller/Service Provider for the purpose of fulfilling the placed order. The Client/Service Recipient has the right at any time to access, correct, update, and delete their personal data.
3. Personal data of Clients collected by the administrator via the Online Store is collected for the purpose of fulfilling the Sales Agreement, and if the Client consents - also for marketing purposes.
4. Recipients of personal data of Online Store Clients may be: a. In the case of a Client who uses postal or courier delivery methods in the Online Store, the Administrator provides the collected personal data of the Client to the selected carrier or intermediary handling shipments on behalf of the Administrator.
5. In the case of a Client who uses electronic payment methods or payment cards in the Online Store, the Administrator provides the collected personal data of the Client to the selected entity handling these payments in the Online Store.
6. The Client has the right to access and correct their data.
7. Providing personal data is voluntary, however, failure to provide the personal data indicated in the Terms and Conditions as necessary for concluding the Sales Agreement results in the inability to conclude such an agreement.
8. Detailed rules for collecting, processing, and storing personal data used for order fulfillment by the store are described in the Privacy Policy, which is available at: https://miellec.com/policies/privacy-policy
§ 14. Final provisions
1. Contracts concluded through the Online Store are concluded in the Polish language.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, namely: changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client of any changes at least 7 days in advance.
3. In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Consumer Rights Act; the Personal Data Protection Act.
4. The Client has the right to use out-of-court methods for handling complaints and pursuing claims. For this purpose, they may file a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.