Terms and conditions

§1 Definitions

Postal address – name and surname or institution's name: Misoui Jakub Kasperek, ul. Staszica 13, 63-000 Środa Wielkopolska, Poland.
Complaint address and return address – Misoui Jakub Kasperek, ul. Poznańska 15A/2, 62-023 Kamionki, Poland. This is the address to which the Buyer should send goods subject to a complaint and goods returned in connection with withdrawal from the contract, and to which written complaints may be addressed. This address may additionally be confirmed by e-mail in reply to the Buyer's request.
Delivery price list – calculated on the basis of the order value and the destination country, and displayed in the order summary in the cart section.
Contact details – the contact form available on the website under the "Contact" tab, e-mail address: hello@misoui.com, telephone number: +48 602 382 875.
Proof of purchase – an invoice or receipt issued in accordance with the Polish Act on Tax on Goods and Services of 11 March 2004, as amended, and other applicable legal provisions.
Product page – a single subpage of the Store containing information about a single product.
Business Customer – an adult natural person with full legal capacity, a legal person, or an organisational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.
Civil Code – the Polish Civil Code Act of 23 April 1964, as amended.
Code of good practice – a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2(5) of the Polish Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.
Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to its business or professional activity.
Cart – a list of products drawn up from the products offered in the Store, based on the Buyer's selections.
Buyer – both a Consumer and a Business Customer.
Place of delivery – the postal address or collection point indicated in the order by the Buyer.
Moment of delivery – the moment at which the Buyer, or a third party indicated by the Buyer for collection, takes possession of the goods.
Payment Operator – the entity providing online payment services on behalf of the Seller, including fast bank transfers and payment card transactions, depending on the payment method chosen by the Buyer. The Payment Operator may be:
1. PayU S.A., with its registered office in Poznań (ul. Grunwaldzka 186, 60-166 Poznań, Poland), entered in the register of entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000274399, NIP (tax ID) 7792308495, REGON (statistical number) 300523444, a national payment institution supervised by the Polish Financial Supervision Authority (KNF), entered in the register of national payment institutions under number IP1/2012; or
2. PayPro S.A., with its registered office in Poznań (ul. Pastelowa 8, 60-198 Poznań, Poland), entered in the register of entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000347935, NIP (tax ID) 7792369887, operator of the Przelewy24 payment service, entered in the register of national payment institutions kept by the KNF under number IP24/2014; or
3. PayPal (Europe) S.à r.l. et Cie, S.C.A., with its registered office at 22-24 Boulevard Royal, L-2449 Luxembourg, registered with the Luxembourg Trade and Companies Register (R.C.S. Luxembourg) under number B 118349, authorised and supervised as a credit institution by the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF) — available to Buyers using the English-language version of the Store.
ODR online platform – an EU online service operating under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, available at https://webgate.ec.europa.eu/odr.
Payment – the method of payment for the subject of the contract and delivery, made by traditional bank transfer, cash on delivery, or via the Payment Operator (fast online transfer, payment card).
Authorised entity – an entity authorised to conduct out-of-court resolution of consumer disputes within the meaning of the Polish Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016, as amended.
Consumer Rights Act – the Polish Act on Consumer Rights of 30 May 2014, as amended.
Trader with consumer rights – a natural person entering into a contract with the Seller that is directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, in particular in view of the subject matter of their business activity as made available under the provisions on the Central Registration and Information on Business (CEIDG). The provisions of these Terms concerning the Consumer apply accordingly to a Trader with consumer rights, to the extent and within the limits provided for by applicable law.
Product – the minimum and indivisible quantity of goods that may be the subject of an order, specified in the Seller's store as the unit of measure used to determine its price (price/unit).
Collection point – a place of delivery other than a postal address, listed in the register made available by the Seller in the Store.
UOKiK Register – the register of authorised entities kept by the Office of Competition and Consumer Protection (UOKiK) under the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016, as amended, available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
Store – the online service available at misoui.com, through which the Buyer may place an order.
Seller – Misoui Jakub Kasperek, ul. Staszica 13, 63-000 Środa Wielkopolska, Poland, NIP (tax ID): 7773180692, REGON (statistical number): 389921997.
System – a set of interconnected IT devices and software ensuring the processing, storage, sending and receiving of data over telecommunications networks using an end device appropriate for the given network type, commonly referred to as the Internet.
Processing time – the number of hours or business days stated on the product page.
Contract – a contract concluded away from business premises or at a distance within the meaning of the Polish Act on Consumer Rights of 30 May 2014 in the case of Consumers, and a contract of sale within the meaning of Article 535 of the Civil Code in the case of Business Customers.
Defect – both a physical defect and a legal defect.
Physical defect – non-conformity of the sold goods with the contract, in particular if the goods:
1. lack properties that goods of this type should have given the purpose specified in the contract or arising from the circumstances or intended use;
2. lack properties that the Seller assured the Consumer they had;
3. are unfit for the purpose of which the Consumer informed the Seller when concluding the contract, and the Seller did not object to such intended use;
4. were delivered to the Consumer incomplete;
5. in the case of incorrect installation and start-up, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
6. lack a property assured by the manufacturer, its representative, the entity placing the goods on the market as part of its business activity, or a person who, by affixing its name, trademark or other distinguishing mark to the goods sold, presents itself as the manufacturer, unless the Seller was not aware of and, acting reasonably, could not have known of such assurances, or they could not have influenced the Consumer's decision to conclude the contract, or their content was corrected before the contract was concluded.
Legal defect – a situation where the sold goods are the property of a third party or are encumbered with a third party's right, or where a restriction on the use or disposal of the goods results from a decision or ruling of a competent authority.
Order – a declaration of intent made by the Buyer via the Store, unambiguously specifying: the type and quantity of products; the type of delivery; the type of payment; the place of delivery; the Buyer's details; aimed directly at concluding a contract between the Buyer and the Seller.

§2 General terms

The contract may be concluded in Polish or in English, depending on the language version of the Store chosen by the Buyer, in accordance with Polish law and these Terms and Conditions.
The place of delivery must be located within the territory of the European Union.
The Seller is obliged, and undertakes, to provide services and deliver goods free from defects.
All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
All time limits are calculated in accordance with Article 111 of the Civil Code, i.e. a period specified in days ends on the expiry of the last day, and if the beginning of a period specified in days is a certain event, the day on which that event occurred is not included when calculating the period.
Confirmation, provision, recording and securing of all material terms of the contract, in order to enable access to this information in the future, takes place in the form of:
1. confirmation sent to the indicated e-mail address, including: the order, a pro forma invoice, information on the right of withdrawal, these Terms and Conditions in PDF format, a template withdrawal form in PDF format, and links to independently download the Terms and Conditions and the withdrawal form template;
2. printed documents enclosed with the fulfilled order sent to the indicated place of delivery, including: the proof of purchase, information on the right of withdrawal, these Terms and Conditions, and the withdrawal form template.
The Seller provides information on guarantees granted by third parties for products available in the Store, of which it is aware.
The Seller does not charge any fees for communication with it by means of distance communication; the Buyer bears the cost thereof resulting from the agreement concluded with the third party providing the relevant distance-communication service to the Buyer.
The Seller ensures the correct operation of the Store for Buyers using current, manufacturer-supported versions of popular web browsers (including Google Chrome, Mozilla Firefox, Safari, Microsoft Edge and Opera), with cookies and JavaScript enabled, on screens with a horizontal resolution above 1024 px. Using outdated browser versions or software that restricts the operation of the website's scripts may affect the correct display of the Store.
The Buyer may use the option of having the Store remember their details in order to facilitate the process of placing a further order. To do so, the Buyer should provide a login and password required to access their account. The login and password are strings of characters set by the Buyer, who is obliged to keep them confidential and protected from unauthorised access by third parties. The Buyer may at any time view, correct, update their data, and delete their account in the Store.
The Seller complies with the code of good practice.
The Buyer is obliged to:
1. not supply or transmit content prohibited by law, e.g. content promoting violence, defamatory content, or content infringing the personal rights or other rights of third parties;
2. use the Store in a manner that does not disrupt its functioning, in particular by using specific software or devices;
3. refrain from actions such as sending or posting unsolicited commercial information (spam) within the Store;
4. use the Store in a manner that is not burdensome for other Buyers or for the Seller;
5. use all content posted within the Store only for personal use;
6. use the Store in accordance with the law applicable in the territory of the Republic of Poland, the provisions of these Terms and Conditions, and generally accepted rules of netiquette.
Where a Consumer has their habitual residence in an EU Member State other than the Republic of Poland, the choice of Polish law as the law governing the contract (§2(1)) does not deprive such Consumer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country of their habitual residence, in accordance with Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council (Rome I).

§3 Conclusion and performance of the contract

Orders may be placed 24 hours a day.
In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated multiple times:
1. adding a product to the cart;
2. selecting the type of delivery;
3. selecting the type of payment;
4. selecting the place of delivery;
5. placing the order in the Store by using the "Order and pay" button.
The contract with a Consumer is concluded at the moment the order is placed.
An order from a Consumer paid for on delivery is fulfilled without undue delay; an order paid for by bank transfer or via the Payment Operator is fulfilled once the Consumer's payment has been credited to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to make the payment for reasons beyond their control and informed the Seller accordingly.
The contract with a Business Customer is concluded at the moment the order is accepted by the Seller and, in the case of prepaid orders, upon payment for the order.
An order from a Business Customer paid for on delivery is fulfilled without undue delay after the contract is concluded; an order paid for by bank transfer or via the Payment Operator is fulfilled after the contract is concluded and the Business Customer's payment is credited to the Seller's account.
Online payments in the Store – fast bank transfers and payment card transactions (Visa, Mastercard) – are handled by the Payment Operator, i.e. PayU S.A. or PayPro S.A. (Przelewy24), as defined in §1(15). Card and e-transfer transactions are settled via the PayU service or Przelewy24.pl, depending on the payment method chosen by the Buyer. On the English-language version of the Store, the Buyer may additionally choose to pay via PayPal, provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., as defined in §1(15)(c).
The fulfilment of a Business Customer's order may be conditional upon payment of the full or partial order value.
The subject of the contract is shipped within the period specified on the product page, and for orders comprising several products – within the longest of the periods specified on the relevant product pages. The time limit begins to run from the moment the order is processed. For deliveries outside the territory of the Republic of Poland, the delivery time may be extended, of which the Buyer is informed when selecting the delivery method in the cart.
The purchased subject of the contract, together with the sales document chosen by the Buyer, is shipped using the delivery method chosen by the Buyer to the place of delivery indicated by the Buyer in the order, together with the enclosures referred to in §2(6)(b).

§4 Right of withdrawal

Pursuant to Article 27 of the Consumer Rights Act, the Consumer has the right to withdraw from a distance contract without giving a reason and without incurring costs, except for the costs specified in Articles 33 and 34 of the Consumer Rights Act.
The period for withdrawing from a distance contract is 21 days from the moment of delivery of the goods; sending the declaration before the expiry of this period is sufficient to meet the deadline.
The Consumer may submit a declaration of withdrawal using the form template constituting Annex 2 to the Consumer Rights Act; the form is sent in reply to the Consumer's request, or the declaration may be made in any other form consistent with the Consumer Rights Act.
The Seller will promptly confirm receipt of the declaration of withdrawal to the Consumer by e-mail (to the address provided when concluding the contract, and to any other address provided in the declaration).
In the event of withdrawal, the contract is deemed not to have been concluded.
The Consumer is obliged to return the goods to the Seller without undue delay, and no later than 14 days from the day on which they withdrew from the contract, to the address indicated in §1(2). Sending the goods back before the expiry of this period is sufficient to meet the deadline.
The Consumer returns the goods that are the subject of the contract from which they withdrew at their own expense.
The Consumer does not bear the cost of supplying digital content that is not recorded on a tangible medium if they did not consent to performance before the expiry of the withdrawal period, or were not informed of the loss of their right of withdrawal at the time such consent was given, or the trader failed to provide confirmation in accordance with Article 15(1) and Article 21(1) of the Consumer Rights Act.
The Consumer is liable for any diminished value of the goods resulting from using them in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the goods.
The Seller will, without undue delay and no later than within 14 days of receiving the declaration of withdrawal, refund to the Consumer all payments made by them, including the cost of the cheapest standard delivery method offered by the Seller. If the Consumer chose a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer, in accordance with Article 33 of the Consumer Rights Act. The Seller does not deduct the Payment Operator's commission or any other transaction handling costs from the refunded amount.
The Seller will refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for them.
The Seller may withhold reimbursement of payments received from the Consumer until the goods have been returned or the Consumer has supplied proof of having sent them back, whichever occurs first.
Pursuant to Article 38 of the Consumer Rights Act, the Consumer does not have the right to withdraw from a contract:
1. in which the price or remuneration depends on fluctuations in the financial market that are beyond the Seller's control and which may occur before the expiry of the withdrawal period;
2. in which the subject of performance is a non-prefabricated item, manufactured to the consumer's specifications or intended to meet their individual needs;
3. in which the subject of performance is an item that deteriorates quickly or has a short shelf life;
4. in which the subject of performance is an item delivered in sealed packaging that cannot be returned after opening for health or hygiene reasons, if the packaging was opened after delivery;
5. in which the subject of performance consists of items which, after delivery, by their nature, become inseparably combined with other items;
6. in which the subject of performance is audio or video recordings, or computer software, delivered in sealed packaging, if the packaging was opened after delivery;
7. for the supply of digital content not recorded on a tangible medium, if performance began with the Consumer's express consent before the expiry of the withdrawal period and after being informed by the trader of the loss of the right of withdrawal;
8. for the supply of newspapers, periodicals or magazines, except for subscription contracts.
The provisions of this paragraph concerning the Consumer apply accordingly to a Trader with consumer rights (§1(20)), to the extent and within the limits provided for by applicable law.

§5 Statutory warranty (rękojmia)

It is recommended that the Buyer check the condition of the parcel upon receipt, preferably in the presence of the courier or collection-point employee. If the parcel shows visible signs of damage, the Buyer may refuse to accept it. If damage in transit is found, it is recommended that this be reported to the Seller within 24 hours of receipt, together with photographic documentation – this facilitates and speeds up any complaint proceedings against the carrier. Failure to meet this timeframe does not limit the Consumer's statutory warranty rights under the Civil Code.
Pursuant to Article 558 § 1 of the Civil Code, the Seller excludes liability under the statutory warranty for physical and legal defects towards Business Customers, with the exception of Traders with consumer rights (§1(20)), for whom the exclusion of the statutory warranty applies only to the extent permitted by applicable law. The Seller bears full liability towards the Consumer on the terms set out in Article 556 et seq. of the Civil Code (statutory warranty).
The Consumer may not withdraw from the contract if the defect is immaterial. Upon discovering a defect, the Consumer should contact the Seller via the contact form on the website. Reporting a defect later than immediately after discovering it does not limit the Consumer's statutory warranty rights under the Civil Code.
If the sold goods have a defect, the Consumer may demand replacement of the goods with defect-free ones, removal of the defect, submit a declaration on price reduction, or, in cases provided for by law, withdraw from the contract. The Seller will recognise the defect if it is not the result of improper use of the product. The Consumer initiates the complaint procedure by completing the contact form on the website, in order to receive from the Seller information on further proceedings, including the address to which the goods subject to complaint should be delivered (§1(2)).
The Seller is obliged to replace the defective goods with defect-free ones or remove the defect within a reasonable time and without undue inconvenience to the Consumer.
The Seller may refuse to satisfy the Consumer's request if bringing the defective goods into conformity with the contract in the manner chosen by the Consumer is impossible or, compared with the other possible method of bringing the goods into conformity with the contract, would require excessive costs.
The Seller will respond to a complaint – a request for a price reduction, replacement of the goods with defect-free ones, or removal of the defect – within 14 calendar days of receiving it, informing the Consumer of the acceptance or rejection of the complaint at the e-mail address provided in the report. The Consumer should deliver or send back the goods subject to complaint to the complaint address indicated in §1(2). Failure by the Seller to respond within the above period means that the complaint is deemed justified, in accordance with Article 561⁵ of the Civil Code.
If the Consumer disagrees with the outcome of the complaint, they may use the out-of-court methods of handling complaints and pursuing claims referred to in §7, including mediation conducted by the provincial inspector of the Trade Inspection, permanent consumer arbitration courts, or the ODR platform, and may also pursue their rights before a common court. The use of out-of-court complaint-handling methods is voluntary for both parties.

§6 Privacy policy and personal data protection

The controller of the Buyers' personal data is the Seller – Misoui Jakub Kasperek, ul. Staszica 13, 63-000 Środa Wielkopolska, Poland, NIP: 7773180692 (hereinafter: the "Controller"). Contact regarding personal data protection matters is possible via the contact form available in the Store.
Buyers' personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), the Polish Personal Data Protection Act of 10 May 2018, as amended, and the Polish Act on the Provision of Electronic Services of 18 July 2002, as amended.
The Controller processes, in particular, the following categories of the Buyers' personal data: identification and contact data (first and last name, delivery address, e-mail address, telephone number), data necessary to issue a proof of purchase, and data relating to orders placed and purchase history.
Personal data is processed for the following purposes and on the following legal bases:
1. concluding and performing the sales contract, including handling orders, payments, delivery, complaints and returns – Article 6(1)(b) GDPR;
2. fulfilling legal obligations incumbent on the Controller, in particular tax and accounting obligations – Article 6(1)(c) GDPR;
3. direct marketing of the Controller's own products and services, including sending the newsletter – based on the Buyer's consent (Article 6(1)(a) GDPR) or the Controller's legitimate interest (Article 6(1)(f) GDPR);
4. establishing, pursuing or defending against claims – Article 6(1)(f) GDPR.
Recipients of personal data may include entities supporting the Controller in fulfilling orders, in particular courier and postal companies, the Payment Operator (§1(15)), the e-commerce platform provider, and accounting and IT service providers, acting under data-processing agreements concluded with the Controller.
The Buyer has the right to access their data, rectify it, erase it, restrict its processing, transfer it, object to its processing, and withdraw consent at any time (without affecting the lawfulness of processing carried out before its withdrawal), as well as the right to lodge a complaint with the President of the Personal Data Protection Office (UODO).
The provision of personal data is voluntary but necessary for the conclusion and performance of the contract.
Detailed rules on the processing of personal data, including data retention periods and information on cookies, are set out in the Privacy Policy available at: https://www.misoui.com/polityka-prywatnosci.

§7 Final provisions

None of the provisions of these Terms and Conditions is intended to infringe the Buyer's rights, nor may they be interpreted as such, since in the event of any inconsistency between any part of these Terms and Conditions and applicable law, the Seller declares its unconditional adherence to, and application of, that law in place of the contested provision of these Terms and Conditions.
Registered Buyers will be notified electronically (to the e-mail address indicated upon registration or when placing an order) of any changes to these Terms and Conditions and their scope. The notification will be sent at least 30 days before the new Terms and Conditions take effect. Changes will be introduced in order to bring these Terms and Conditions into line with applicable law.
The current version of these Terms and Conditions is always available to the Buyer under the "Terms and Conditions" tab (www.misoui.com/regulamin). During the fulfilment of the order and throughout the entire after-sales period, the Buyer is bound by the version of the Terms and Conditions accepted when placing the order, unless the Consumer considers it less favourable than the current version and informs the Seller of their choice to apply the current version instead.
In matters not regulated by these Terms and Conditions, the relevant applicable legal provisions apply. If the Consumer so wishes, disputes are resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection, or through proceedings before an arbitration court operating at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. via the EU's ODR online platform, or by choosing any authorised entity listed in the UOKiK Register. The Seller declares its intention and consent to the out-of-court resolution of consumer disputes. As a last resort, the matter is settled by the court having local and subject-matter jurisdiction.
Before placing an order, the Buyer has the right to negotiate any provisions of the contract with the Seller, including provisions amending these Terms and Conditions. Such negotiations should be conducted by e-mail. If the Buyer decides not to pursue the option of concluding the contract through individual negotiations, these Terms and Conditions and the relevant legal provisions apply.
These Terms and Conditions are available in Polish and English language versions. In the event of any discrepancy between the Polish and English versions, the Polish version shall prevail.