Shop regulations

The following Regulations are valid from 01/01/2023.

 

1. General information

1.1. www.misteromilano.pl (hereinafter referred to as the Store) is the only official online store selling products under the Mistero Milano brand and other products offered by APM Group Sp. z o.o. in Rzeszow. The store operating at www.misteromilano.pl is run by APM Group Sp. z o.o., 154 Krakowska Street, 35-111 Rzeszów, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under the number 0000334113, NIP 5170297177, REGON 180455070, share capital in the amount of PLN 50,000.00, e-mail: [email protected], tel. (17) 864 19 94, hereinafter referred to as APM Group.

1.2. APM Group does not make available to third parties, including persons who are not entrepreneurs, the website https://misteromilano.pl to offer goods, services or digital content and to conclude contracts.

1.3. Agreements in the Store are concluded between APM Group and the Customer via the website at https://misteromilano.pl. In matters related to the conclusion and performance of the contract, the Customer may also contact APM Group via e-mail at the following e-mail address: [email protected] and by phone at (17) 864 19 94.

1.4. Purchases in the Store can be made by natural persons, legal persons and organizational units without legal personality, to whom the law grants legal capacity, hereinafter referred to as Customers. A Customer who is a consumer is understood as a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity. A Customer who is a natural person conducting business activity to which the provisions of these Regulations regarding the consumer apply, is understood as a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for it, 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.

1.5. The condition for making purchases in the Store is acceptance of the provisions of these Regulations and placing an order.

1.6. The Regulations constitute an integral part of the agreement concluded between APM Group and the Customer and may be changed by express agreement of the parties.

1.7. APM Group may make changes to the content of the Regulations, but such changes do not apply to the agreements referred to in point 1.5. and orders placed by customers before the entry into force of the amendment to the Regulations, which are carried out under the conditions in force at the time of placing the order. Amendments to the Regulations come into force on the day they are posted on the Store's website.

1.8. Trademarks used on the site are reserved by their owners and are provided for identification purposes only.

1.9. These Regulations and any changes thereto are available at misteromilano.pl and at the registered office of APM Group Sp. z o. o. in Rzeszów at Krakowska 154 Street.

1.10 The information provided on the Store's website, including the marking of goods with the unit price, does not constitute an offer within the meaning of the Civil Code, but only an invitation to submit offers by Customers.


2. Product offer

2.1. The current product offer is placed on the website misteromilano.pl.

2.2. Goods may also be sold as part of promotional offers on the terms set out in the conditions of the promotion. A limited number of goods are intended for promotional sales. Orders are processed in the order in which they are received, until the stock of goods covered by this form of sale is exhausted.

2.3. Promotional offers cannot be combined with each other, unless the specific conditions of a particular promotion allow for such a possibility.

2.4. Free advertising extras are not subject to exchange or complaints.

2.5. All prices are given in Polish zlotys (PLN) and include VAT. The price given for each product is binding at the time of placing the order by the Customer.

2.6. APM Group reserves the right to change the prices of the goods on offer, introduce new and withdraw the previously offered goods, conduct, cancel and modify the rules of promotional campaigns.

2.7. The Store's offer is intended only for customers with a place of residence or registered office in Europe (the shipping address can be any - in Europe). APM Group issues a VAT invoice for each order.

3. Placing and accepting orders:

3.1.   The customer has a choice of two ways to place an order:

1)      placing an order after prior registration in the Store's system,
2)      placing an order without registration, the so-called "Order as a guest".

3.2. Placing an order is connected with the customer's obligation to make payment to APM Group.

3.3. The customer who placed the order after prior registration has access to additional options available through the Customer Account, such as: order history, the possibility to check at what stage of execution the order is placed and the possibility of receiving information about news and promotions.

3.4. Registration consists in creating a Customer Account in the Store. In order to register, the Customer should complete the registration form available on the store's website. The data indicated in the registration form as mandatory (asterisk) are necessary for the correct conclusion and performance of the sales contract. After sending the completed registration form, the Customer will receive, to the e-mail address indicated by him, confirmation of registration along with the access password. At this point, the account creation process is complete..

3.5. If you choose "order as a guest", after selecting the product, click the "add to cart" icon, then you can continue shopping or click the "your cart" icon and make a purchase. In order to place an order, the User will be asked to complete their contact details data for the bill or invoice, as well as data for shipping and confirming the selection by clicking "Save". In the next step, the User is asked to select the delivery method and payment method. After confirming the order, a summary of the order data is displayed.

3.6. When placing an order, the Customer is obliged to click on the icon marked as "order with the obligation to pay".

3.7. When placing orders under the "order as a guest", as well as during the registration procedure, the Customer is obliged to provide truthful data.

3.8. Orders can be placed 24/7, every day of the year. APM Group reserves the right to temporarily suspend the operation of the Store for maintenance reasons or the need to update data.

3.9. After the Store's system receives the order, an automatic message confirming receipt of the order will be sent to the e-mail address provided by the Customer each time.

3.10. Then, the placed order is verified by the Store's service department. If the order can be executed, the Customer receives an electronic message informing about the acceptance of the order for execution. If the Customer selects payment in the online payment system when placing the order, the Store does not send a message informing about the acceptance of the order for execution.

3.11. The contract for the sale of goods being the subject of the order is concluded when the Customer receives information about the acceptance of the order for execution. If the Customer selects payment in the online payment system when placing the order, the sales contract is concluded when the Customer completes the order.

3.12. Immediately after the conclusion of the contract, APM Group will provide the Customer with an e-mail confirmation of its conclusion, containing information about the purchased goods, price, method and delivery costs, Regulations (in PDF format) and instruction on the law, method and consequences of withdrawal from the contract, which may be used by Customers who are consumers and natural persons conducting business activity to whom the provisions of these Regulations regarding consumers apply.

3.13. In connection with the conclusion of the sales contract, APM Group will issue a VAT invoice, which will be sent to the Customer in electronic form in PDF format to the e-mail address provided when placing the order. By accepting the Regulations, the Customer agrees to receive invoices electronically.

3.14. APM Group may refuse to accept an order for important reasons, in particular if:

1) the goods indicated in the order are no longer available;

2) placing and processing an order is not possible due to incorrect operation of the Store's computer system,

3) the data provided by the Customer is untrue,

4) the address of the Customer's place of residence or registered office is not located on the territory of the Republic of Poland or the shipping address is not located on the territory of Europe.

3.15. The customer may cancel the order or modify it via e-mail or telephone until receiving a message about the shipment of the order.

3.16. Orders are handled by the Store's service department on working days, i.e. from Monday to Friday, excluding public holidays, between 8 am-4pm.

4. Payment policy:

4.1. Payment for the goods and the costs of its delivery can be made by the Customer in the following way:
1) Cash (cash on delivery) – in the case of receivables payable on delivery;
2) By bank transfer to the Store's bank account;
3) Through the online payment system.

4.2. Payment must be made to a bank account:
Alior Bank S.A
Bank account number:71 2490 0005 0000 4530 3357 3317  
APM Group Sp. z o.o.
154 Krakowska Street
35-111 Rzeszów

4.3. The customer who has chosen the option of payment by bank transfer is obliged to pay the fee for the placed order within 7 working days from the date of submission (or to inform the Store about the need to extend the time for making the payment).

5. Delivery of goods.

5.1. APM Group is obliged to deliver the goods to the Customer in accordance with the concluded contract.
5.2. Orders accepted by the Store are carried out in the territory of the Republic of Poland and other European countries through:

- FEDEX courier company;

- Polish Post;

- parcel lockers (Paczkomaty);

- Orlen Paczka;


5.3. The amount corresponding to the shipping and payment method selected by the Customer is added to the value of the order. Shipping costs are specified in point 5.4.

5.4. Delivery costs are specified in the Table of Fees. If the value of the order delivered on the territory of the Republic of Poland exceeds the amount specified in the Table of Fees below, the Customer does not bear the shipping costs. The customer will not bear the cost of delivery even if the value of the order does not exceed the amount specified in the Table of Fees, if such a possibility is provided for in the terms of the promotional campaign conducted by the Store or the order is related to the purchase of a product or products specified by the Store.
 
FEE TABLE:

- FEDEX - 13.90 PLN (transfer, Przelewy24, Blik)

- Post Office Poland - 12.90 PLN (transfer, Przelewy24, Blik)

- FEDEX - 18.90 PLN (cash on delivery)

- Post Office Poland - 17.90 PLN (cash on delivery)

- Paczkomat - 12,90 PLN (transfer, Przelewy24, cash on delivery);

- Orlen Paczka  - 9,90 PLN (transfer, Przelewy24, cash on delivery);

- orders over 159,90 PLN - 0 PLN (transfer, Przelewy24, cash on delivery);

 

The operator of payment cards is PayPro SA Agent Rozliczeniowy, Kanclerska 15 Street, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000347935, NIP 7792369887, Regon 301345068.

5.5. Delivery of the order placed by the Customer and accepted by the Store will be carried out on business days as follows:

a) in the case of orders paid on delivery or via the online payment system, orders placed and accepted by the Store before 10 am will be dispatched on the same working day.  The orders placed and accepted by the Store after 10 am will be dispatched the next working day. Deliveries will be made within 1-2 business days if you choose a courier company or 1-5 days if you choose Poczta Polska.

b) in the case of orders paid by bank transfer to the Store's bank account, orders will be dispatched the next business day from the moment the Store credits the amount due for the ordered goods, and their delivery will take place within 1-2 business days if you choose a courier company or 1-5 days if you choose Polish Post.

5.6. If the delivery of the goods is to take place outside the territory of the Republic of Poland, the delivery date will be agreed individually with the Customer, and the goods will be delivered no later than 30 days after the Customer submits a declaration of will to conclude the contract.

5.7. In the case of non-standard orders or orders placed in the pre-holiday periods, the delivery time may be longer. In each such case, customers are informed by phone or e-mail about the delivery date. In any case, the goods will be delivered no later than 30 days after the Customer submits the declaration of will to conclude the contract.

6. Withdrawal

6.1.The right to withdraw from the contract specified in this point, in accordance with the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended), is available only to Customers who are consumers or natural persons conducting business to which the provisions of these Regulations regarding consumers apply.

6.2. You, i.e. Customers who are consumers or natural persons conducting business activity, to whom the provisions of these Regulations regarding consumers apply, have the right to withdraw from the contract within 30 days without giving any reason.

6.3. The deadline to withdraw from the contract expires after 30 days from the day on which you came into possession of the goods or on which a third party other than the carrier and indicated by you came into possession of the goods.

6.4. To exercise the right of withdrawal, you must inform APM Group Sp. z o.o., Krakowska 154 Street, 35-111 Rzeszów, e-mail: [email protected], tel. (17) 864 19 94, about your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) .

6.5. You can use the model withdrawal form, but it is not mandatory. You can also complete and send the withdrawal form or any other unequivocal statement electronically on our website https://misteromilano.pl.If you use this option, we will immediately send you an acknowledgment of receipt of information about withdrawal from the contract on a durable medium (e.g. by e-mail).

6.6. In order to meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

6.7. The www.misteromilano.pl website contains a model of withdrawal- formularz zwrotu produktu.

6.8. According to Art. 38 point 5) of the Act of 30 May 2014 on consumer rights, the Customer who is a consumer or a natural person conducting business activity to which the provisions of these Regulations regarding the consumer apply is not entitled to withdraw from the contract in which the subject of the service is an item delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging has been opened after delivery.

7. The effects of withdrawal from the contract by the Customer who is a consumer or a natural person conducting business activity to which the provisions of these Regulations regarding the consumer apply.

7.1.In the event of withdrawal from the contract, we will reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of additional costs resulting from the type of delivery chosen by you other than the least expensive type of ordinary delivery offered by APM Group), immediately and in any event not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this return. We may withhold the reimbursement until receipt of the goods or until you provide us with proof of its return, whichever occurs first.

7.2. In the event of withdrawal from the contract referred to in point 6 of the Regulations, you bear the costs of returning the goods.

7.3. Please send back, hand over the goods to us (to the address: APM Group Sp. z o.o., Krakowska  154 Street, 35-111 Rzeszów) or send them in an Inpost parcel locker (Paczkomat) immediately, and in any case not later than 14 days from the date on which they informed us State of withdrawal from the contract. The deadline is met if you send back the goods or send them in an Inpost parcel locker before the 14-day period expires.

7.4. You are only responsible for the decrease in the value of the goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functionality of the goods.

8. Responsibility of the seller, complaints.

8.1. APM Group is liable to Customers who are consumers or natural persons conducting business activity, to whom the provisions of these Regulations regarding the consumer apply, for the lack of conformity of the goods with the contract on the terms set out in the Act of 30 May 2014 on consumer rights. In relation to other Customers, APM Group is liable for defects under the warranty on the terms set out in the Civil Code.

8.2. The customer should check the content of the parcel delivered to him in order to make sure that it is in accordance with the order and that the goods delivered to him do not contain mechanical damage caused during transport.

8.3. Complaints and claims under warranty the Customer may submit by phone at the telephone number: 017 864 19 94, by e-mail to: [email protected] or in writing to APM Group: 154 Krakowska Street, 35-111 Rzeszów.

8.4. In order to submit a complaint and make claims in the event of non-conformity of the goods with the contract or under the warranty for defects, the Customer may use the product complaint form available on the website https://misteromilano.pl.

8.5. Complaints and claims in the event of non-conformity of the goods with the contract will be considered within the time limits and on the terms set out in the Act of 30 May 2014 on consumer rights. Responses to complaints will be provided within 14 days from the date of receipt of the complaint in writing or by e-mail.

8.6 Complaints and claims under the warranty will be considered within the time limits and on the terms set out in the Civil Code. The response to the complaint is provided to the Customer in writing or via e-mail.

8.7 The liability of APM Group in the event of non-compliance of the goods with the contract and under the warranty for defects does not exclude or limit the liability of APM Group for non-performance or improper performance of the contract on the terms set out in art. 471 et seq. of the Civil Code.


9. Customer's personal data

9. 1. According to Art. 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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 ), hereinafter referred to as GDPR, we would like to inform you that the administrator of Customers' personal data is APM Group Sp. z o.o., Krakowska 154 Street, 35-111 Rzeszów, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under the number 0000334113, NIP: 5170297177, REGON: 180455070.

9.2. Customers' personal data are processed by APM Group in order to conclude and perform the contract concluded with the Customer and to conduct advertising campaigns and other marketing activities, including by providing commercial information by means of electronic communication, in particular e-mail.

9.3. Providing personal data by the Customer in order to conclude the contract is voluntary, but necessary for its conclusion and performance. Failure to provide personal data makes it impossible to conclude a contract via the online store.

9.4. Providing personal data by the Customer in order to conduct advertising campaigns and other marketing activities by the APM Group, including by providing commercial information by means of electronic communication, in particular e-mail, is voluntary and is not a condition for placing and completing the order.

9.5. The basis for the processing of personal data is the Customer's consent to the processing of his personal data for the purpose of conducting advertising campaigns and other marketing activities, including by providing commercial information by means of electronic communication, in particular by e-mail (Article 6(1)(a) of the GDPR) ) and the need to process the Customer's personal data in order to conclude and perform the contract (Article 6(1)(b) of the GDPR).

9.6. The Customer's personal data will be available to employees and associates authorized by APM Group who must have access to them in order to perform the obligations related to the conclusion and performance of the contract, as well as to perform other activities in connection with which the Customer has consented to the processing of his personal data.

9.7. The Customer's personal data may be made available to third parties such as courier, insurance, legal and other companies whose involvement by APM Group will be needed in order to conclude and perform the contract, as well as to perform other activities in connection with which the Customer has consented to the processing of his personal data.

9.8. The Customer's personal data will be stored for the period necessary to conclude and perform the contract, for the time when it is possible to file a complaint and pursue claims, and for the period during which APM Group is obliged to store and process personal data for the purposes of tax settlements and performance of other obligations arising from from the provisions of law.

9.9. The customer has the right to request from APM Group access to his personal data, rectification, deletion or limitation of processing and has the right to object to the processing, and has the right to transfer data.

9.10. To the extent that the basis for the processing of personal data is the Customer's consent to the processing of his personal data for the purpose of conducting advertising campaigns and other marketing activities, including by providing commercial information by means of electronic communication, in particular by e-mail (Article 6(1)(a) a) GDPR) The customer has the right to withdraw consent to the processing of personal data at any time without affecting the lawfulness of the processing that was made on the basis of consent before its withdrawal.

9.11. The customer has the right to lodge a complaint with the President of the Office for Personal Data Protection.


10. Other information

10.1. The law in force in the Republic of Poland applies to contracts concluded via the Online Store https://misteromilano.pl

10.2. Disputes arising from concluded contracts will be settled amicably.

10.3. If it is not possible to reach an amicable agreement, disputes with Customers who are not consumers or natural persons conducting business activity, to whom the provisions of these Regulations regarding consumers apply, will be settled by Polish common courts with jurisdiction over the registered office of APM Group.

10.4.These Regulations are valid from January 1, 2023.