Terms of service

The administrator of the online store available at www.milao.pl is Kamila Wakulińska, conducting business under the name Milao Kamila Wakulińska, with the address Ul. Kożuchowska 11/33, 04-715 Warsaw, and holding the tax identification number NIP 9522233156 and REGON 524797620. The Administrator is also the Seller, as defined below, and these terms may be used interchangeably.

Contact details of the Seller: phone number +48 733 151 801, email address: hello@milao.pl. The Customer can also contact the Seller using the form provided on the Store's website.

The Regulations specify the general terms and conditions for the conclusion of sales contracts between the Seller and Customers using the means of distance communication provided by the Store, as well as the provision of free electronic services by the Seller to Customers. The Regulations define the rules for using the Store.

GLOSSARY

All capitalized words used in the Regulations, Privacy Policy, and their attachments, as well as on the Store's pages, have the meanings given below: Store - an online store available at www.milao.pl, through which the Seller provides electronic services and conducts the sale of Products offered by the Seller to Customers, including the sale of Products, Newsletter service,

Administrator/Seller - Kamila Wakulińska, conducting business activity under the name Milao Kamila Wakulińska, address: ul. Kożuchowska 11/33, 04-715 Warsaw, with Tax Identification Number (NIP) 9522233156 and National Business Registry Number (REGON) 524797620. The Seller can be contacted by phone at +48 733 151 801 or by email at hello@milao.pl,

Sales Agreement - a distance contract concluded between the Customer and the Seller through the Store, the subject of which is a Product available in the Store's offer. The terms of the agreement are defined in the Store's Regulations and the applicable legal provisions, to which the Seller undertakes to adhere unconditionally,

Customer - a party with whom a Sales Agreement may be concluded or on behalf of whom the Seller may provide electronic services (after the prior expression of a willingness to receive such services) through the Store. The Customer can be any natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity,

Product - a movable item described and presented in detail in the Store, which may be the subject of a Sales Agreement concluded between the Seller and the Customer. Each Product presented in the Store includes a detailed description along with the price of the Product and the cost of its delivery to the Customer,

Electronic Service - an electronic service provided by the Seller in the Store, including the Newsletter service. Electronic services provided by the Seller are free of charge,

Newsletter - a free electronic service provided by the Seller. The Newsletter is a message sent by the Seller to the email address specified by the Customer, containing, in particular, commercial and promotional information and information about product availability. The Customer voluntarily expresses a desire to receive the newsletter. Failure to give consent does not prevent the use of the Store and making purchases. The Customer can withdraw their consent at any time,

Regulations - these Regulations, available in the Store at www.milao.pl. The Regulations are a regulation referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services.

Privacy Policy - a document defining the rules for processing personal data, which is an integral part of these Regulations,

Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended),

Civil Code - the Act of 23 April 1964 - Civil Code (Journal of Laws of 2022, item 1360, as amended),

Copyrights - all copyrights, including related rights, to all Products presented in the Store, as well as to all materials placed in the Store, in particular, photos, product descriptions, the content of the regulations, and privacy policy, are the exclusive property of the Administrator and are protected by law. All copyright rights of the Administrator are subject to legal protection.

  1. GENERAL INFORMATION
  1. The Sales Agreement between the Seller and the Customer is concluded in accordance with the applicable law and these Regulations and Privacy Policy.
  2. The prices presented in the Store are expressed in Polish currency and are gross prices (the Seller is exempt from VAT. If the right to exemption is lost, this information will appear in the updated Regulations).
  3. All information about Products presented in the Store is an invitation for Customers to conclude a Sales Agreement in accordance with the provisions of the Civil Code and the Consumer Rights Act.
  4. The Sales Agreement is concluded with a Customer who is a natural person and a consumer under these Regulations and the Consumer Rights Act. The Sales Agreement is concluded with a Customer who is a business entity on the terms indicated in the Civil Code and the Regulations.
  1. RULES AND CONDITIONS OF USING THE STORE
  1. Proper use of the Store, conclusion of a Sales Agreement, receipt of the Newsletter, and notifications of product availability are based on the Regulations and Privacy Policy. Therefore, it is necessary to familiarize yourself with the content of these documents and accept them.
  2. By placing an order, the Customer declares that they are aware of the content of the Regulations and Privacy Policy and accepts that, in accordance with their content, a Sales Agreement will be concluded.
  3. The Seller provides services to Users through the Store, consisting of concluding Sales Agreements, sending the Newsletter free of charge, and sending notifications of product availability.
  4. To use the Store, the Customer should have a device that allows them to view the Store (e.g., laptop, smartphone with up-to-date software), have access to the Internet, and use a web browser (e.g., Chrome, Firefox in the current version). If the Customer wishes to use the Seller's services or place an order, they should also have and provide the Seller with their email address, through which the Seller can contact the Customer.
  5. The Seller does not charge any fees for access to the Store and communication using remote communication methods. The Customer bears the direct costs associated with Internet access and data transmission, as specified in the agreement with their electronic services/internet provider.
  1. PLACING AN ORDER AND CONCLUDING A SALES AGREEMENT
  1. The sales agreement for Products is concluded between the Customer and the Seller remotely via the Internet through the Store.
  2. All information about the Products presented in the Store serves as an invitation for the Customer to submit an offer (intent) to purchase the displayed Product.
  3. The offer is submitted by the Customer by sending an order electronically to the Seller's email address: hello@milao.pl or through the interactive form available on the Store's website.
  4. Purchases through the form can be made by logging into an existing Customer account in the Store or without creating one (purchase without a customer account).
  5. To properly submit an offer (order), the Customer, when using the purchase form available in the Store, should follow these steps:

Before placing an order, the Customer should review the Products available in the Store by visiting the Store's website: www.milao.pl and clicking on the Product subsection ("Store").

    • After selecting a specific Product, add it to the cart.
    • Then, in the cart, specify the address of the chosen InPost parcel locker or add comments to the order, and click on the "proceed to order" button.
    • Provide the contact and delivery information necessary for placing the order and delivering the Product.
    • Choose the delivery method for the Product and its cost.
    • Select a payment method from the available options.
  1. Proceed to the "check the order" step, which summarizes the order, including information about the selected Product, Customer contact information, chosen delivery and payment method, and confirmation that by placing the order, the Customer acknowledges having read and accepted the Store's Terms and Conditions and Privacy Policy.
  2. Place the order by clicking the "order and pay" button.
  3. Clicking the "order and pay" button signifies the Customer's submission of an offer to purchase the Products listed in the order in accordance with its content.
  4. Until clicking the "order and pay" button, the Customer has the opportunity to make any changes to the order, including adding/removing Products and changing contact information and other details.
  5. After clicking the "order and pay" button, the Customer makes the payment in the chosen form as selected during the order placement.
  6. In the case of choosing the traditional bank transfer payment method, the Customer has 3 business days to make the payment. After this period, the Seller will send a reminder email to the Customer reminding them to make the payment and will set an additional deadline for payment. After the expiration of this additional deadline, the Seller will electronically inform the Customer of the refusal to process the order due to non-payment.
  7. After placing the order, a summary email of the Customer's order will be sent to the email address provided by the Customer.
  8. Upon receipt of the Customer's payment, the Seller will verify the order's (offer's) contents. Subsequently, after a successful verification, the Seller will electronically send an email to the Customer's email address confirming the acceptance of the order for processing. This confirmation email signifies the conclusion of a sales agreement between the Seller and the Customer (the moment of concluding the sales agreement is the receipt of the email mentioned in this point).
  9. The Customer may cancel the order before the Products are shipped to them. In such a case, it is necessary to send a notice of withdrawal (a statement of withdrawal from the sales agreement) to the Seller's email address: hello@milao.pl or contact the Seller by phone at +48 733 151 801.
  10. The Seller accepts orders placed by Customers 24 hours a day, 7 days a week, and their execution takes place on business days during the Seller's working hours. An exception applies to orders for Products where separate terms of order fulfillment are detailed in the Product description, different from the provisions of this Regulation.
  11. The Seller reserves the right to refuse to process an order, in particular, in the event of incomplete data necessary for its proper execution, failure to make payment within the specified time, or lack of availability of the Product. In such a situation, the Seller shall make an attempt to contact the Customer to obtain missing information or clarify the inability to process the order. In the event of such a situation, the delivery time of the Product may be extended by the time necessary to contact the Customer.
  12. A receipt or invoice is included with the order.
  13. The sales agreement is concluded for a specified period, i.e., until the order is fulfilled.
  14. The information referred to in Article 12(1) of the Consumer Rights Act, including in particular the content of the Terms and Conditions and the Privacy Policy that was in force on the day of placing the order, as well as the procedure for returning Products, will be provided by the Seller in the order summary message and in the email confirming the acceptance of the order for processing. This information will be sent to the email address provided by the Customer during the order placement.
  1. PRICE/PAYMENTS
  1. The prices of the Products displayed on the Store's website are gross prices in Polish Złoty. The Seller is exempt from VAT, and therefore, no VAT is charged on the Products. The exemption is based on Article 113(1) of the VAT Act. In the event that the Seller loses the ability to use this exemption, the Seller will begin to charge VAT on the Products, and this information will appear in the Product description, order summary, email confirmations, and purchase receipt.
  2. When placing an order, the Customer selects the payment method. The Seller offers the following payment methods:
    • Bank transfer to the Seller's bank account. Bank: NEST BANK, Seller's account number: 58 1870 1045 2078 1076 4980 0001, or
    • Electronic transfer via the Przelewy24 payment provider (including BLIK payment and credit card payment).
  1. The Seller reserves the right to change the prices of Products listed on its Store's website and offered for sale. Such changes will not affect the rights of persons who have already made a purchase in the Store before the changes are introduced.
  2. The Seller has the right to offer promotions and discounts on Product prices. In the case of a price reduction, the current price will be displayed alongside the lowest price of the same product from the last 30 days (crossed-out price). Promotions do not combine unless otherwise stated in the specific promotion's terms and conditions.
  1. ORDER FULFILLMENT
  1. Order fulfillment takes place after payment for the order is made. Orders can be placed 24 hours a day, 7 days a week. Orders are processed on business days during the Store's working hours (Monday - Friday from 10:00 AM to 3:00 PM).
  2. The Seller processes orders within a period of up to 10 business days from the date of payment confirmation and confirmation of the order's acceptance for processing.
  3. The Customer covers the cost of Product delivery to the address specified by them. The delivery cost depends on its method and is specified in the Product description and during the order placement by the Customer.
  4. The Customer can choose between courier delivery or delivery to a parcel locker. In the case of choosing courier delivery, the Product is delivered to the address specified by the Customer. In the case of delivery to a parcel locker, the Product is delivered to the parcel locker specified by the Customer.
  5. The Seller ships the Products through courier companies such as DPD, InPost, and InPost parcel lockers.
  6. The estimated delivery time for the Product from the day of dispatch by the Seller is 3-4 business days.
  7. The Customer should check the contents of the shipment in the presence of the courier, and in the event of any irregularities, they should prepare a damage report together with the courier. The damage report should be signed by the Customer and the courier.
  1. COMPLAINTS
  1. The product sold is free from defects, new, and unused. The seller is responsible only for physical and legal defects of the product as specified in the Consumer Rights Act and the Civil Code. The seller's liability under the warranty is valid for 2 years from the date of product delivery to the customer.
  2. The following regulations regarding complaints apply to consumers and entrepreneurs with consumer rights. In the case of a purchase made by an entrepreneur, the provisions of the Civil Code apply.
  3. The seller is responsible for non-compliance of the product with the contract that exists at the time of its delivery and is disclosed within two years from that time, unless the product's shelf life, determined by the seller, its legal predecessors, or persons acting on their behalf, is longer.
  4. In the first instance, when there is a non-compliance of the product with the contract, the customer can request repair or replacement.
  5. The seller may replace the product when the customer requests a repair, or the seller may repair it when the customer requests a replacement, if bringing the product into compliance with the contract in the manner chosen by the customer is impossible or would require excessive costs for the seller. If repair and replacement are impossible or would require excessive costs for the seller, the seller may refuse to bring the product into compliance with the contract.
  6. When assessing excessive costs for the seller, all circumstances of the case should be taken into account, in particular, the significance of the lack of conformity of the goods with the contract, the value of the goods conforming to the contract, and the excessive inconvenience to the customer due to another method of bringing the goods into conformity with the contract.
  7. The costs of repair or replacement are borne by the seller.
  8. The customer provides the product subject to repair or replacement to the seller. The seller collects the goods from the customer at their expense. Collection can be arranged by courier or by any other means agreed between the seller and the customer.
  9. If the product is non-compliant with the contract, the customer may submit a statement about reducing the price or withdrawing from the contract when:
    • The seller refuses to bring the product into conformity with the contract.
    • The seller does not bring the product into conformity with the contract.
    • The lack of conformity of the product with the contract persists, despite the seller's attempts to bring the product into conformity with the contract.
    • The lack of conformity of the product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protection measures mentioned above.
    • The seller's statement or circumstances clearly indicate that the seller will not bring the product into conformity with the contract within a reasonable time or without undue inconvenience to the customer.
  10. The seller refunds the amounts due to the customer as a result of a price reduction immediately, no later than 14 days from the day the customer's statement about the price reduction is received.
  11. The customer cannot withdraw from the contract if the non-compliance of the product with the contract is insignificant.
  12. In case of withdrawal from the contract, the customer immediately returns the product to the seller at their own cost. The seller refunds the price immediately, no later than 14 days from the date of receiving the returned goods or evidence of their return.
  13. The seller refunds the price using the same payment method that the customer used, unless the customer has expressly agreed to a different method of refund that does not involve any costs for them.
  14. When submitting a complaint, the customer sends a statement to the seller, which may use the complaint form available on the store's website or HERE. The statement or complaint form should be completed and signed legibly. The customer attaches the completed statement or complaint form to the shipment along with the complained product. Along with the complaint, the customer is obliged to send the faulty product to the address: Milao Kamila Wakulińska, ul. Kożuchowska 11/33, 04-715 Warsaw.
  15. After receiving a complaint, communication between the seller and the customer takes place electronically.
  16. The seller processes complaints within 14 days from the date of receiving the complained product and the complaint form from the customer. In the case of a positive complaint decision, the seller undertakes to send the repaired or new product to the customer at their own cost no later than 14 business days from the date of complaint consideration.
  17. If the seller deems a complaint to be unfounded, the product will be returned to the customer with an explanation. The customer may assert their rights in accordance with the Consumer Rights Act and the Civil Code.
  18. To meet the complaint deadline, it is sufficient to send information about the defect of the product to the seller.
  19. Products presented in the store as used or with defects (resulting in a reduced product price) cannot be the subject of a complaint for the defects that have been indicated in the description and of which the customer was informed before placing the order.
  1. DISPUTE RESOLUTION
  1. The seller hereby informs that the consumer has the right to use out-of-court complaint resolution and claims enforcement methods.
  2. The consumer can use the following methods described above:
    • Permanent consumer arbitration courts (to settle a dispute arising from the concluded sales contract).
    • Contacting the Provincial Inspectorate of Trade Inspection.
    • Consumer Ombudsman competent for the customer's place of residence, the Office of Competition and Consumer Protection (UOKiK), or other consumer organizations (to obtain free legal advice and assistance).
    • Submitting a complaint through the European Union's ODR platform, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL (consumer disputes in e-commerce - online sales).
  3. Additional information on out-of-court complaint resolution and claims enforcement methods is available on the website: https://polubowne.uokik.gov.pl.
  1. WITHDRAWAL FROM THE SALES AGREEMENT/RETURNS
  1. The customer has the right to withdraw from the sales agreement within 14 days from the day of receiving the product, without stating a reason. To meet this deadline, the customer must send a statement to the seller about the withdrawal from the sales agreement.
  2. If the product is non-prefabricated, produced according to the customer's specifications (especially if the customer is a consumer), or serving to satisfy their individual needs, the right to withdraw from the sales agreement in accordance with Article 38 of the Consumer Rights Act does not apply to the customer.
  3. The customer can submit a statement of withdrawal from the agreement using the form attached to the Consumer Rights Act, a form available on the store's website HERE, or submit their own statement of withdrawal from the sales agreement. The signed form or statement must be sent to the seller's email address: hello@milao.pl or by mail to the address: Milao Kamila Wakulińska, ul. Kożuchowska 11/33, 04-715 Warsaw.
  4. Upon receiving a statement of withdrawal from the sales agreement, the seller confirms receiving such a statement.
  5. The customer is obligated to return the product safely packaged, preferably in the same manner as it was delivered, unused, and free from defects, preferably in the original packaging with attached tags and accessories, along with proof of purchase (receipt/invoice) within 14 days from the day of withdrawal from the sales agreement to the seller's address: ul. Kożuchowska 11/33, 04-715 Warsaw. Sending the product is sufficient to meet this deadline.
  6. The seller allows the return of the product at their expense. When submitting a statement of withdrawal from the agreement, the customer only needs to express their desire to use this option. In the case of choosing free returns, the seller will send the customer a prepaid shipping label to the customer's email address, which must be attached (affixed) to the package with the returned product. The returned product should then be deposited at any parcel locker. If the customer decides to send the return on their own, they will only bear the direct costs of returning the product (shipping cost, packaging). This pertains solely to product delivery/return within Poland.
  7. The seller commits to refunding the payments made by the customer, including delivery costs, immediately, no later than 14 days from the day of receiving the statement of withdrawal from the sales agreement, subject to the condition that if the customer chose a delivery method other than the cheapest available method offered by the seller, the seller is not obliged to refund the additional costs incurred by the customer.
  8. The seller may withhold the refund of payment received from the customer until the returned product is received or until the customer provides proof of its return (whichever occurs first).
  9. The refund for the product is made in the same way as the payment for the product, unless the customer and the seller agree on a different method of refund that does not result in any costs for the customer.
  10. In accordance with Article 34 of the Consumer Rights Act, the customer is responsible for any reduction in the value of the product resulting from using it in a way that goes beyond what is necessary to determine its nature, characteristics, and functioning.
  11. The seller does not accept products returned in the form of cash-on-delivery shipments.
  1. ELECTRONIC SERVICES / NEWSLETTER
  2. The Seller provides electronic services to Customers through this Store, including the service of allowing Customers to browse all the content of the Store, the service of concluding sales agreements with the Seller, and the service of receiving notifications about new products and their availability (the "Newsletter").
  3. The aforementioned services are provided by the Seller completely free of charge.
  4. The Seller offers the Newsletter service to every Store Customer. Through this service, Customers will receive commercial information from the Seller, information about ongoing promotions, and product availability.
  5. Customers can subscribe to the Newsletter by providing their email address in the form made available by the Seller on the Store's website. To ensure the proper delivery of the Newsletter, Customers must familiarize themselves with the contents of the Terms and Conditions and the Privacy Policy and accept them.
  6. After subscribing on the Store's website, the Customer will receive an email to the address provided, requesting confirmation of the desire to receive the Newsletter. Subscribing to the Newsletter occurs after confirmation and clicking on the confirmation link in the received email.
  7. The Seller provides the Newsletter service until the Customer decides to unsubscribe.
  8. By providing an email address and other Customer-related data, they agree to the processing of their data, including personal data, in accordance with the Terms and Conditions and the Privacy Policy for the purpose of receiving product notifications and the latest information about the Seller, creating and managing a user account, and providing the Newsletter service.
  9. Detailed information regarding the processing of personal data can be found in the Privacy Policy available on the Store's website.
  10. In the event of any issues with the functioning of any of the services provided by the Seller, such issues should be reported directly to the Seller via email at hello@milao.pl or by phone at +48 733 151 801.
  11. FINAL PROVISIONS
  12. All materials presented and posted on the Store, including, but not limited to, product images, descriptions, texts, logos, graphics, etc., are the exclusive property of the Seller and are protected by copyright and related rights in accordance with the Copyright Act. Unauthorized use of materials available on the Store's website without the Seller's consent is prohibited. Any actions taken without prior consent of the Seller will infringe on the Seller's copyright and related rights to the materials made available on the Store's website. To protect these rights, the Seller may pursue claims in accordance with the applicable laws.
  13. The Seller makes every effort to ensure that the Store operates correctly and without disruptions. In the event of technical problems, the Seller undertakes to take the necessary actions to restore the functionality of the Store as quickly as possible. The Seller is not responsible for problems with the functioning of the Internet.
  14. Comments and complaints can be submitted electronically to the Seller's email address: hello@milao.pl.
  15. Matters not regulated by these Terms and Conditions shall be governed by the relevant provisions of the law, including the Civil Code and the Consumer Rights Act. In the event that any provision of these Terms and Conditions is deemed invalid, the remaining provisions shall remain in force.
  16. In the event of a dispute between the Seller and the Customer, both parties shall first attempt to reach an amicable resolution.
  17. If an amicable resolution cannot be reached, disputes shall be subject to the jurisdiction of the common courts in accordance with the general provisions of the Civil Code.
  18. The Seller reserves the right to amend these Terms and Conditions and the Privacy Policy. Such changes will be published on the Store's website and will come into effect on the day of their publication. Orders placed before the introduction of changes will be subject to the rules described in the Terms and Conditions valid on the date of the sales agreement.

Effective from: May 25, 2023.