Terms & Conditions

There are two ways to enter into a contract between the Buyer and the Seller.

The Buyer has the right to negotiate any contractual terms with the Seller before placing an order, including also the changes of the provisions of these Terms and Conditions. Negotiations should be conducted in writing and addressed to the Seller (MILLE BABY Martyna Milewska, Dybowo 22, 19-411 Świętajno, Poland).

Should the Buyer waive the possibility of concluding the contract through individual negotiations, these Terms and Conditions shall apply.

TERMS AND CONDITIONS

§1 Definitions

Postal address – name and surname or the name of the institution, location (in case of the locality divided into streets: street, building number, flat or suite number; in case of locality not divided into streets: locality name and real estate number), postal code and locality (town, city).

Address to submit complaints:

MILLE BABY Martyna Milewska

Dybowo 22, 19-411 Świętajno, Poland

Price list of deliveries – The list of the available delivery types and their costs can be found at http://en.millebaby.co/page/he... 

Contact details:

MILLE BABY Martyna Milewska

Dybowo 22, 19-411 Świętajno, Poland

e-mail address: hello@millebaby.co

Phone Number: +48 606 629 559

Delivery – a type of shipping service with determination of a carrier and costs information listed in the price list of delivery at http://en.millebaby.co/page/he...

Proof of purchase – invoice, bill or receipt issued pursuant to Goods and Services Tax Act of 11 March 2004 as amended and pursuant to other applicable laws.

Product card – a single subsite of the store containing information about a single product.

Customer – a natural person of a full age with full legal capacity to perform acts in law, a legal person or an organizational unit without legal personality with legal capacity to perform acts in law, who undertakes purchases from the Seller directly related to his or her economic/commercial or professional activity.

Civil Code – Civil Code Act of 23 April 1964 as amended.

Code of Good Practice – a set of conduct rules and in particular ethical and professional standards referred to in Art. 2 point 5 of the Act on Combating Unfair Commercial Practices of 23 August 2007 as amended.  

Consumer – a natural person of a full age with full legal capacity to perform acts in law and undertaking purchases from the Seller not relating directly to his or her economic/commercial or professional activity.

Basket – a list of products issued from the products offered in the store on the grounds of the Buyer’s choices.

The Buyer – both the Consumer and the Customer.  

Place of issuing the item – postal address or collection point indicated by the Buyer in the order.

Moment of issuing the item – the moment when the Buyer or third person indicated by him or her to collect the item takes over the possession of the item.

Online Dispute Resolution Platform – EU-based website operating under the Regulation of European Parliament and of the Council (EU) No 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), which is available at https://webgate.ec.europa.eu/o...

Payment – method of payment for the subject of the contract and its delivery set forth at http://en.millebaby.co/page/he...

Authorized Entity – an entity entitled to non-judicial dispute resolution of consumer disputes as defined in Non-judicial Dispute Resolution Act of 23 September 2016 as amended.

Consumer Law – Consumer Rights Act of 30 May 2014.

Product – the minimum and indivisible quantity of the items, which could be the subject of the order and which is given in the Seller’s store as a unit of measure when determining its price (price/unit).

Subject of the contract – products and delivery being the subject of the contract.

Subject of service – subject of the contract.

Collection point – the place of issuing the item, which is not a postal address, indicated in the statement exposed by the Seller in the store.

Register of the Office of Competition and Consumer Protection – register of authorised subjects, which is kept by the Office of Competition and Consumer Protection pursuant to Non-judicial Dispute Resolution Act of 23 September 2016 as amended, available at: https://uokik.gov.pl/rejestr_p...

Item – personal item, which can be or is the subject of the contract.

Store – website available at: http://en.millebaby.com , through which the Buyer can place an order.

The Seller:

MILLE BABY Martyna Milewska

Dybowo 22, 19-411 Świętajno

Tax Identification Number: 529-175-76-37, Company Business Number (Polish REGON): 360835763

registered and entered in the Central Record and Information about Economic Activity at:

https://prod.ceidg.gov.pl/ceidg/ceidg.public.ui/Se...

or in the National Court Register under the number: 11935286

BANK ACCOUNT: 32 1050 1025 1000 0092 3257 2033

System – the combination of cooperating information and software devices, providing processing and storage, as well as sending and receiving data by telecommunications networks using applicable end-device specific for a given type of network, commonly described as the Internet.  

Implementation date – the number of hours or working days listed on the product card.

Contract – the contract entered into off-premises of the entrepreneur or at a distance, within the meaning of Consumer Rights Act of 30 May 2014 in case of Consumers and a sale contract within the meaning of Art. 535 of the Civil Code of 23 April 1964 -- in case of Buyers.

Defect – both physical defect and legal defect.

Physical defect – incompatibility of the sold item with the contract, in particular, if the item:

does not have the properties which it should have because of the purpose indicated by the contract or which arises from the circumstances or intended use;

does not have the properties which the Seller has ensured to the Consumer;

it is not suitable for the purpose, about which the Consumer informed the Seller while concluding the contract and the Seller did not raise any objections related to its intended use;

has been issued to the Consumer in an incomplete state;

in case of its improper installation and commissioning, if those activities have been conducted by the Seller or the third party for which the Seller is responsible or by the Consumer who followed the instructions received from the Seller;

it does not have the properties provided by the manufacturer or its representative or a person who markets the item within its own economic/commercial activity and a person who by affixing its name, trademark or other distinctive sign on the sold item presents itself as a manufacturer, unless the Seller knew those confirmations or when reasonably judging could not have known them or they could not have influenced the Consumer’s decision regarding the conclusion of the contract or if their content was corrected before the contract was concluded.

Legal defect – a situation when the item sold is the property of the third party or is subject to the third party’s right and if a restriction related to the use or disposal of the item is a result of a decision or a ruling of a competent authority.

Order – Buyer’s statement made through the store clearly identifying: type and amount of the products; type of deliveries; type of payments; the place of issuing the item, the Buyer’s data aiming directly to concluding the contract between the Buyer and the Seller.

§2 General Terms

The contract is concluded in the Polish language, pursuant to the Polish law and these Terms and Conditions. The place of issuing the item must be located in the territory of the Republic of Poland.  

The Seller is obliged and undertakes to provide services and deliver items free from defects.

All of the prices provided by the Seller are expressed in the Polish currency and are gross prices (including VAT). Product prices do not include the costs of delivery, which is specified in price list of delivery.

All deadlines and time periods are calculated pursuant to art. 111 of the Civil Code, namely the period set in days finishes at the end of the last day and if the beginning of a period expressed in days is marked by a certain event, the day on which the event occurs is not included when the period is calculated.

Confirmation, access, consolidation and securing all relevant provisions of the contract in order to gain access to such information in the future, will be made by:

confirmation of the order by sending to the indicated e-mail address: the order, pro forma invoice, withdrawal notice information, these Terms and Conditions in pdf version, model withdrawal form in pdf version, links to download on one’s own the Terms and Conditions and the model withdrawal form;  

attaching to the completed order, sent to indicated place of issuing the item, the following printed documents: proof of purchase, information related to the right of withdrawing from the contract, these Terms and Conditions, model withdrawal form.

The Seller hereby informs about known contractual warranties of the product in the store, given by third parties.

The Seller does not charge any fees for communication with it using means of distance communication and the Buyer shall bear his or her costs in the amount resulting from the contract concluded with third party providing its services with a remote communication method.

The Seller provides to the Buyer who uses the system, the correctness of the functioning of the store in the following browsers: IE version 7 or newer, Fire Fox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with installed latest versions of JAVA and FLASH on screens with horizontal display, with the resolution above 1024 pixels. Using the software of third companies, which has an influence on the operation and functionality of the browsers: Internet Explorer, Fire Fox, Opera, Chrome, Safari can have an influence on correctly displaying the store, that is why in order to gain full operation of the store millebaby.com, they all shall be switched off.

The Buyer may use the option of saving its data in the store in order to make the process of placing the next order easier. In order to do that, the Buyer shall present the login and the password, necessary to gain access to its account.

The login and the password are a chain of characters set by the Buyer, who is obliged to keep them secret and to protect them from unauthorized access by third parties. The Buyer has the possibility to view, correct, update and delete the account in the store at any time.

The Seller complies with the Code of Good Practice.

The Buyer is obliged:

not to provide and not to transmit the content prohibited by law, such as the content promoting violence, defamatory or infringing personal and other rights of third parties,

to use the store in a way that does not interfere with its operation, in particular by the use of specific software or hardware,

not to take action such as: distributing or posting unsolicited commercial information (spam) within the store;

to use the store in a way that is not a nuisance for other Buyers and for the Seller,

to use any content provided within the store only for personal use,

to use the store in a manner consistent with the law of the Republic of Poland, the provisions of these Terms and Conditions, as well as the general rules of netiquette.

§3 Conclusion of the contract and implementation

Orders can be made 24 hours a day.

In order to place an order, the Buyer shall take at least the following steps, some of which may be repeated multiple times:

adding the product to the basket;

choice of delivery;

choice of type of payment;

choice of the place of issuing the item;

placing an order in the store by using the button “I order and pay”.

The conclusion of the contract with the Consumer takes place when the order is placed.

The implementation of the Consumer’s order payable in the form of cash on delivery takes place immediately, and the implementation of the order payable by money transfer or through the electronic payment system takes place after the Consumer’s payment is credited to the Seller’s account, which should take place within 3 days of placing the order, unless the Consumer was unable to fulfill the contract not due to his or her default and informed the Seller about this fact.

The conclusion of the contract with the Customer takes place at the moment the order is accepted by the Seller, about which the latter informs the Customer within 48 hours from placing the order.

The implementation of the Customer’s order payable in the form of cash on delivery takes place immediately after the contract is concluded and the implementation of the order payable by money transfer or through the electronic payment system takes place after the conclusion of the contract and after the Customer’s payment is credited to the Seller’s account.

The implementation of the Customer’s order may be made conditional upon the payment of all or part of the value of the order or upon obtaining the limit of the trade credit of at least the value of the order or obtaining the consent of the Seller to send the ordered items by cash on delivery (payable on receipt).

Sending the subject of the contract takes place within the term specified on the product card, and for multi-product orders --- within the longest term specified on the product cards. The term begins to run when the order has been implemented.

The purchased subject of the contract along with the Buyer’s selected sales document are sent by the Buyer’s selected delivery method to the place of issuing the item as indicated by the Buyer in the order together with the enclosed appendices referred to in §2 point 6b.

§4 The right to withdraw from the contract

The Consumer is entitled under art. 27 of the Consumer Law to withdraw from a distance contract without providing a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law.

The term of withdrawing from a distance contract is 14 days since the date of releasing the item, and it is sufficient to send a statement before the expiration of the term in order to comply with this deadline.

The declaration of withdrawing from the contract may be submitted by the Consumer on the form, the template of which constitutes an Annex 2 to the Consumer Law, on the form available at millebaby.co/formularz-zwrotu or in another form in accordance with the Consumer Law.

The Seller will promptly confirm to the Consumer at the e-mail address (given at the conclusion of the contract or any other given in the statement made) the fact of receiving a withdrawal notice.

In case of withdrawing from the contract, the contract is deemed as not concluded.

The Consumer is obliged to return the item to the Seller promptly, but not later than 14 days after the date of withdrawing from the contract. It is sufficient to send the item before the expiration of the term in order to comply with this deadline.

The Consumer at his own expense returns the item being the subject of the contract from which the Consumer withdrew.

The Consumer does not bear the cost of providing digital content that is not recorded on a material storage device if the Consumer has not agreed to the service being provided before the expiration of the term to withdraw from the contract, or was not informed about the loss of his right of withdrawal at the time such consent was given, or the entrepreneur did not provide confirmation in accordance with art. 15 section 1 and art. 21 section 1 of the Consumer Law.

The Consumer is responsible for reducing the value of the item being the subject of the contract resulting from the use of it in a way that is beyond what is necessary to establish the character, quality and functionality of the item.

The Seller promptly, but not later than within 14 days since the receipt of the Consumer’s withdrawal notice, reimburses to the Consumer all payments made by him, including the costs of the delivery of the item, and if the Consumer chose a delivery form other than the cheapest ordinary delivery method offered by the Seller, the Seller will not reimburse to the Consumer additional costs in accordance with art. 33 of the Consumer Law.

The Seller makes a reimbursement of the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agrees to another payment method that does not involve any costs on its part.

The Seller may refrain from reimbursing the payment received from the Consumer until the item is returned or until providing a proof of return by the Consumer, whichever occurs first.

The Consumer in accordance with art. 38 of the Consumer Law shall not have the right to withdraw from the contract:

in which the price or remuneration is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur before the end of the period for withdrawing from the contract;

whose object are non-prefabricated items, made to the Consumer's specifications or made for the purpose of meeting the Consumer's individual needs;

whose object are items which are likely to deteriorate fast or expire rapidly;

whose object are items in sealed packaging which cannot be returned after the package has been opened due to health protection or for hygiene reasons, if the package has been opened after delivery;

whose object are items which are, after delivery, due to their nature, inseparably mixed with other items;

whose object are audio or video recordings or computer software delivered in sealed packaging, where the package has been opened after delivery;

for the supply of digital content which is not supplied on a tangible medium if the provision of the service has begun with the Consumer's prior express consent before the end of the period for withdrawal from the contract and after they have been informed by the entrepreneur about the loss of the right to withdraw from the contract;

for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.

§5 Statutory Warranty

The Seller, pursuant to art. 558§1 of the Civil Code, completely excludes liability to Customers for physical and legal defects (statutory warranty).

The Seller is liable to the Consumer for defects under art. 556 of the Civil Code and pursuant to subsequent articles (statutory warranty).

In the case of a contract with the Consumer, if a physical defect has been discovered within one year of the delivery of the item, it is assumed that it existed at the time the risk was passed on to the Consumer.

If the item sold has a defect, the Consumer may:

submit a statement demanding the price reduction;

submit a statement withdrawing from the contract;

unless the Seller promptly and without undue inconvenience to the Consumer replaces the defective item into an item free of defects or removes the defect. However, if the item has already been replaced or repaired by the Seller or if the Seller has not complied with the obligation to exchange the item for an item free of defects or to remove the defect, it shall not be entitled to exchange the item or to remove the defect.

The Consumer may, instead of the Seller’s proposed removal of the defect, request a replacement of the item into the item free of defects, or instead of replacing the item, demand the removal of the defect, unless it is impossible to bring the item into conformity with the contract in the way selected by the Consumer or it would require excessive costs, as compared to the way proposed by the Seller, however, when evaluating the excessive costs, there is taken into account the value of the defect-free item, the nature and significance of the determined defect, as well as the inconvenience that the Consumer would bear if the matter was dealt with otherwise.

The Consumer cannot withdraw from the contract if the defect is irrelevant.

If the item sold has a defect, the Consumer may also:

demand to exchange the item into the item free of defects;

demand the removal of the defect.

The Seller is obliged to exchange the defective item into the item free of defects or to remove the defect within a reasonable time without undue inconvenience to the Consumer.

The Seller may refuse the Consumer’s claim if it is impossible to obtain the compliance of the defective item with the contract in the manner chosen by the Buyer, or it would require excessive costs in comparison to the other manners of obtaining the compliance with the contract.

In the event that a defective item has been assembled, the Consumer may require the Seller to dismantle and re-assemble it after a replacement into defect-free item or after the removal of the defect, but the Consumer is required to bear a part of the costs associated with that, in excess of the price of the item sold or the Consumer may require the Seller to pay a part of the costs of dismantling and re-assembling, up to the price of the item sold. In the event of the Seller’s failure to comply with the obligation, the Consumer is authorized to undertake these operations at the Seller’s expense and risk.

A Consumer who exercises his or her statutory warranty rights, is obliged to provide the defective item at the address in respect of the complaint at the expense of the Seller, and if, due to the nature of the item or the manner it was assembled, the delivery of the item by the Consumer was excessively difficult, the Consumer is obliged to make the item available to the Seller in the place where the item is kept. In the event of a failure on the part of the Seller to comply with this obligation, the Consumer is entitled to send the item back at Seller’s expense and risk.

Replacement or repair costs are borne by the Seller, except as described in §5 point 10.

The Seller is obliged to accept a defective item from the Consumer in case of exchanging the item into the item free of defects or in case of withdrawing from the contract.

The Seller shall refer, pursuant to art. 5615 of the Civil Code, within fourteen days, to:

the statement on price reduction;

the statement on withdrawal from the contract;

the demand to replace the item into the item free of defects;

the demand to remove a defect.

The Seller, within thirty days (art. 7a of the consumer law) will respond to any other statement of the Consumer that is not covered by the fourteen days’ period set forth in the Civil Code.

Otherwise it is considered that the Seller has deemed the Consumer’s statement or demand as justified.

The Seller is liable under the statutory warranty if a physical defect is discovered within two years of the delivery of the item to the Consumer and if the object of the sale is the item used --  within one year of the delivery of the item to the Consumer.

Consumer’s claim to remove the defect or to replace the item sold into defect-free item is time-barred within one year from the date of defect determination, but not earlier than within two years from the delivery of the item to the Consumer, and if the object of the sale is the item used --- within one year from the delivery of the item to the Consumer.

In the event that the expiration date of the item set forth by the Seller or the producer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the statutory warranty for the physical defects of the item found before the expiration of that period.

Within the deadlines set forth in §5, points 15-17, the Consumer may submit a declaration of withdrawing from the contract or on price reduction due to physical defect of the item sold, and if the Consumer demanded replacement of the item into the item free from defects or a removal of a defect, the period of time for the submission of a withdrawal notice or a price reduction begins with the ineffective expiry of the period to exchange the item or to remove the defect.

In case of pursuing one of the entitlements under the statutory warranty before the court or in arbitration, the time limit for exercising other rights vested in the Consumer in this respect is suspended until the final termination of the proceedings. It is also accordingly applied to the mediation proceedings, whereas the time limit for enforcing other rights granted to the Consumer under statutory warranty starts from the date the court denied to approve the settlement concluded before the mediator or the date the mediation has ineffectively ended.

Paragraph 5, points 15-16 apply to the enforcement of the rights under the statutory warranty for legal defects of the items sold, except that the period of time begins with the date on which the Consumer learned of the existence of the defect, and if the Consumer has learned of the existence of a defect only as a result of the action of a third party -- on the date on which the judgment issued in the dispute with the third party became valid.

If, as a result of a defect of the item, the Consumer has made a declaration of withdrawal or price reduction, the Consumer may demand compensation for the damage he or she suffered by contracting without knowing about the existence of a defect, even if the damage was the consequence of the circumstances for which the Seller is not liable and, in particular, the Consumer can demand the reimbursement of contract costs, costs of collection, transportation, storage and insurance of the item as well as the return of the expenditures to the extent that the Consumer did not benefit from them, and did not receive their refund from the third party as well as the reimbursement of the litigation costs. This does not prejudice the provisions in respect of the obligation to pay compensation under general terms. The expiry of any time period to declare a defect does not exclude the exercise of statutory warranty rights, if the Seller fraudulently concealed the defect.

If the Seller is obliged to render performance or to render financial performance to the Consumer, it will perform them without undue delay, not later than within the time allowed by law.

§6 Privacy policy and personal data security

The Administrator of the databases of the personal data provided by the Consumers of the store is the Seller.

The Seller undertakes to protect the personal data in accordance with the Personal Data Protection Act of 29th August 1997 and the Electronic Services Act of 18th July 2002. The Buyer, when providing his personal data while submitting the order to the Seller, agrees to its processing by the Seller in order to fulfill the order placed. The Buyer has the ability to view, correct, update and delete his or her personal data at any time.

The detailed rules for collecting, processing and storing personal data used to complete orders by the Store are described in the Privacy Policy at http://en.milebaby.co/page/coo... .

§7 Final provisions

None of the resolutions contained in these Terms and Conditions is intended to infringe the Buyer’s rights, nor can it be interpreted in this way, because in case of non-compliance of any part of these Terms and Conditions with the applicable law, the Seller declares absolute submission to and application of that law in place of the contested provision of the Terms and Conditions.

Registered Buyers will be notified through electronic means (at the e-mail address indicated during registration or when submitting the order) about changes in the Terms and Conditions and about their scope. The notice will be sent at least 30 days before the entry into force of the new Terms and Conditions. Amendments will be introduced to adjust the Terms and Conditions to the current legal status in force.

The current version of the Terms and Conditions is always available to the Buyer in the Terms and Conditions section (http://en.millebaby.co/page/terms-a... ). During the implementation of the order and throughout the entire period of after-sales care there apply to the Buyer the Terms and Conditions accepted by the Buyer when placing the order, except where the Consumer considers the applicable Terms and Conditions to be less favorable than the current ones – in such case he or she shall inform the Seller of selecting the current Terms and Conditions as valid ones.

For matters not covered by these Terms and Conditions, the suitable legal regulations shall apply. Disputable issues, if the Consumer expresses such a will, are solved by way of mediation proceedings before the Voivodship Inspectorates of Trade Inspection or in the form of the litigation before the arbitration court at the Voivodship Inspectorate of Trade Inspection. Consumers may also use equivalent and lawful pre-trial or out-of-court dispute resolution methods, e.g. via the European Union ODR web platform or by selecting any of the eligible entities from the register of the Office of Competition and Consumer Protection. The Seller declares his or her intention and agrees to the out-of-court resolution of the consumer dispute.

As a last resort, the case is decided by locally and materially competent court.

Version 13.3 (Dybowo, 10th January 2017)


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