TERMS & CONDITIONS

Definitions

• Regulations – these Terms and Conditions for the provision of electronic services within the Online Store themizuri.com.
• Online Store (Store) – the online service available at themizuri.com, through which the Client can place Orders.
• Seller (Service Provider) – Veronika Brzeżowska conducting business under the name THE MIZURI Veronika Brzeżowska, ul. Leszczynowa 18/2, 05-552 Magdalenka, NIP 7011183887, REGON 527449686.
• Client – a natural person, legal person, or organizational unit without legal personality but having legal capacity, using the Online Store themizuri.com, including those making purchases.
• Buyer (Service Recipient) – I) a natural person, including a Consumer, with the capacity to perform legal acts and/or at least 13 years old, provided that if they have not reached the age of 18, consent from their legal representative or guardian is required, and II) a legal person and an organizational unit that is not a legal person, to whom the law grants legal capacity, using or intending to use the Online Store.
• Consumer – a natural person entering into a sales agreement with the Seller not directly related to their business or professional activity.
• Entrepreneur – a natural person, legal person, and an organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity in their own name.
• Product (Goods) – a movable item available in the Store, offered for sale by the Seller.
• Gift Card – a voucher in electronic form with a code generated by the store of a specific nominal value, entitling the user to redeem it in the online store www.themizuri.com .
• Sales Agreement – a sales agreement for the Product concluded between the Seller and the Buyer via the Store.
• Order – the Client's declaration of will constituting an offer to conclude a Sales Agreement for the Product with the Seller.
• Cart – the functionality of the Store that allows the Client to collect selected products for purchase and to modify them.
• Payment Operator – an external entity relative to the Seller that intermediates in making payments via bank transfer or payment card.
• Client Account – a set of data stored in the Online Store and the Seller's IT system concerning a given Client and their orders and distance sales agreements, enabling the Client to place orders and enter into distance sales agreements.
• Registration Form – the form available on the website www.themizuri.com, enabling the creation of an Account.
• Order Form – the form available on the website www.themizuri.com, enabling the placement of an Order.
• Electronic Service – a service provided electronically by the Service Provider to the Service Recipient via the Store.

 

2. General Provisions

2.1. The Regulations define the rules and conditions for using the Store, as well as the rights and obligations of the Service Provider/Seller and the Service Recipient/Buyer. In particular, it includes the terms of using the Electronic Service, placing and modifying Orders, making payments, processing returns, and filing complaints.

2.2. The use of the Online Store is possible provided that the Client's IT system meets the following minimum technical requirements:

• up-to-date web browsers, such as Firefox, Chrome, Microsoft Edge.

2.3. The Service Recipient is obliged to use the Store in accordance with the law and good manners, respecting personal rights and copyrights and intellectual property rights of the Service Provider or third parties. It is prohibited to provide content of an unlawful nature and to use the Store in a manner that disrupts or prevents its proper functioning.

2.4. The Regulations are an integral part of the sales agreement concluded between the Seller and the Buyer.

 

3. Product Information and Ordering

3.1. The store www.themizuri.com sells Products via the Internet.

3.2. Orders can be placed through the website using the Order Form (Store www.themizuri.com) available 24 hours a day, all year round.

3.3. The Store processes orders placed from Monday to Friday within 5 working days from the nearest working day. During holidays season, there might be temporary changes to the order processing time, as reflected in the "Shipping & Delivery" section or at the Checkout page.

3.4. To place an order, the Client is not required to register an account in the Store.

3.5. The Products offered in the Store are new, compliant with the agreement, and legally introduced to the Polish market.

3.6. The information on the Store's website does not constitute an offer within the meaning of the law. By placing an order, the Client makes an offer to purchase a specific Product under the conditions stated in its description.

3.7. The price of the Product visible on the Store's website is provided in Polish zloty (PLN), euros (EUR), or dollars (USD) and does not include delivery costs. Products delivered outside the European Union may be subject to customs duty or applicable tax according to the regulations in the destination country. For additional information, the Client should contact the appropriate customs or excise authority.

3.8. The price of the Product visible on the Store's website is binding at the time of placing the order by the Client. This price will not change regardless of any price changes in the Store that may apply to individual products after the Client places the order.

 

4. Conclusion of the Sales Agreement

4.1. To conclude a Sales Agreement, it is necessary for the Client to place an Order by filling out the Electronic Order Form available on the Store's website. The selection of the ordered Products is made by adding them to the cart. The Electronic Order Form specifies, among other things, which Products, at what price, and in what quantities the Client wants to order to the location indicated by them. The Client follows the displayed messages, taking the appropriate technical steps.

4.2. To place an Order, it is necessary to provide personal data marked as mandatory in the Electronic Order Form, accept the content of the Regulations, and send the order by pressing the appropriate button designated for placing the order.

4.3. After entering all the required data, a summary of the order will be displayed. The summary will include information such as: the Seller's identifying data, the subject of the order, the unit and total price of the ordered Products, including delivery costs and other, if any, the chosen payment method, the method of delivery, and the time and cost of delivery.

4.4. The Sales Agreement is considered concluded upon the Client's receipt of an email confirming the order.

4.5. The email confirming the acceptance of the order contains:

• confirmation of all essential elements of the Order,
• a link to the withdrawal form,
• a link to the Regulations containing information on the right to withdraw from the contract.

4.6. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product and/or sent electronically to the Client's email address provided in the Order Form.

4.7. The Order processing time is from 1 to 3 working days from the date of concluding the agreement.

 

5. Payment

5.1. The Seller provides the Client with the following payment methods for the Sales Agreement:

5.1.1. Electronic payments and payment by card via the electronic payment system PayPal.com, Przelewy24, and Stripe.

5.2. Payment for the goods can be made in the manner chosen at the time of placing the order in the Electronic Order Form.

 

6. Delivery

6.1. Delivery of the Product to the Client is paid unless the sales agreement provides otherwise.

6.2. The delivery costs of the product (including transport charges) are determined during the Order placement process and depend on the chosen payment method and the method of delivery of the purchased Product.

6.3. If the Client does not collect the Goods, resulting in the return of the Goods to the Seller, the Seller may withdraw from the sales agreement. Withdrawal from the agreement occurs by submitting a statement to the Client in the form of an email. In this situation, the Seller is obliged to refund the Client the received payment for the purchased Goods. The Client, on the other hand, is obliged to cover the costs of returning the Goods to the Seller.

6.4. Details regarding delivery are specified on the Store's website in the "Shipping and Returns" information tab or in the Order Form.

 

7. Withdrawal from the Agreement

7.1. A Consumer who has concluded a Distance Sales Agreement may withdraw from it within 14 calendar days without giving any reason by submitting a statement of withdrawal from the Sales Agreement. In the event of withdrawal from the Distance Sales Agreement, the agreement is considered not concluded.

7.2. To submit a statement of withdrawal from the Sales Agreement, the Client must send the form to the email address: contact@themizuri.com or use the electronic return form available on the Online Store's website after logging into the Account. The deadline for withdrawal from the Sales Agreement is met if the Client sends the statement of withdrawal from the Sales Agreement before the withdrawal period expires.

7.3. The withdrawal period from the Sales Agreement expires after 14 days from the day on which the Client acquires physical possession of the Product or on which a third party other than the carrier and indicated by the Client acquires physical possession of the Product.

7.4. The address for returning the Product is: THE MIZURI Veronika Brzezowska, ul. Leszczynowa 18/2, 05-506 Magdalenka.

7.5. The Client bears the direct costs of returning the Products.

7.6. The Seller shall promptly, and no later than within 14 days from the date of receipt of the Goods sent by the Consumer, refund to the Consumer all payments made by them, including the costs of delivering the Goods to the Consumer. However, if the Consumer chose a delivery method other than the least expensive standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs in accordance with Article 33 of the Consumer Rights Act.

7.7. The Seller will refund the payment using the same payment method used by the Client unless the Client expressly agrees to a different method of return, which does not involve any costs for them.

7.8. Returns sent on a cash on delivery basis or with additional charges that the Seller would have to incur will not be accepted.

7.9. In the case of withdrawal from the agreement within Poland, the Consumer bears only the direct costs of returning the Goods (shipping costs). For international returns, the Client is responsible for the return costs and any related fees and customs duties. The Client must also handle all formalities related to customs clearance and return of the goods. The Seller is not responsible for the shipment being held at the border and does not refund the funds for the Goods until the shipment physically reaches the Store's headquarters.

7.10. The Client is liable for any diminished value of the Product resulting from the use of the Product in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

7.11. The return of the Product will be considered effective if the Product has intact original tags. If the Product shows signs of use, the Seller reserves the right to refuse the return or appropriately reduce the refund amount.

7.12. The right to withdraw from the Distance Sales Agreement does not apply to contracts specified in Article 38 of the Act of 30 May 2014 (Journal of Laws of 2019, item 134) on consumer rights, including contracts: 7.12.1. in which the subject of the service is a non-prefabricated item produced according to the consumer's specifications or serving to meet their individualized needs, 7.12.2. in which the subject of the service is an item delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons if the package was opened after delivery, 7.12.3. in which the subject of the service are items that after delivery, due to their nature, become inseparably connected with other items, 7.12.4. for the provision of services for which the Consumer is obliged to pay the price if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who has been informed before the service begins that after the entrepreneur has fulfilled the service, they will lose the right to withdraw from the agreement, and acknowledged this.

 

8. Product Complaint

8.1. The basis and scope of the Seller's liability towards the Client if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular, the Civil Code (including Articles 556-576 of the Civil Code).

8.2. The Seller is obliged to deliver a Product free from defects to the Client.

8.3. Any Product being the subject of a Sales Agreement with defects constituting non-compliance with the Sales Agreement may be complained about within the complaint terms and conditions resulting from applicable laws.

8.4. A complaint may be filed by the Client via email at contact@themizuri.com or to the address: ul. Leszczynowa 18/2, 05-506 Magdalenka.

8.5. The Seller will address the Client's complaint promptly, no later than within 14 calendar days from the date of receiving the package containing the complained Product.

 

9. Electronic Services in the Online Store

9.1. The following Electronic Services are available in the Online Store: Order Form, Account, Newsletter.

9.2. Order Form - a one-time Electronic Service that ends when the Service Recipient places an Order through it or when they stop placing an Order.

9.2.1. The use of the Order Form begins when the Service Recipient adds the first Product to the virtual cart in the Online Store.

9.3. Account - an Electronic Service provided for an indefinite period. The Service Recipient can opt-out of using the Account at any time without giving any reason by sending an appropriate resignation statement.

9.3.1. To use the Account, the Service Recipient must complete the Registration Form and click the "Register" button. The Registration Form requires providing the following data: name, surname, residential address, email address, contact number, and Account access password. Service Recipients who are not Consumers must also provide a VAT ID and company name.

9.4. Newsletter - an Electronic Service activated by providing an email address in the "Newsletter" section on the Online Store's website and clicking the "Subscribe" button. You can also subscribe to the Newsletter while placing an Order by checking the appropriate checkbox – then the subscription is made when the Order is placed.

9.4.1. The Newsletter is provided free of charge for an indefinite period. The Service Recipient can opt-out of the Newsletter at any time without giving a reason by sending an appropriate request to the Service Provider, for example, via email to contact@themizuri.com or by clicking the link included in each Newsletter.

 

10. Intellectual Property Rights

10.1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to the domain name, and legal documents, logos, trademarks, texts, graphics, photos, and other content posted by the Seller belong to the Seller. Their use may only be done in accordance with the Regulations.

10.2. Copying, duplicating, modifying, multiplying, or distributing any part of the Online Store, Service, or its elements without the Seller's written consent is prohibited unless the law or these Regulations explicitly allow it. The Seller may take legal action, including initiating court proceedings, to protect their interests and the interests of the Online Store Clients.

10.3. The rights to use, copy, and distribute data available in the service are regulated by the provisions of the Copyright and Related Rights Act.

10.4. The use of data from the Online Store for commercial purposes is possible only after notifying the Seller and obtaining their written consent.

 

11. Final Provisions

11.1. These Regulations come into force on 01.07.2024.

11.2. Matters not regulated in these Regulations are governed by generally applicable laws, in particular, the Civil Code, the Consumer Rights Act, and other specific acts applicable to the operation and functioning of the Store.

11.3. Unless mandatory provisions of law provide otherwise, the applicable law for resolving any disputes arising from these Regulations is Polish law.

11.4. The content of these Regulations may change due to reasons such as: changes in the law, changes in payment and delivery methods, changes in the scope and form of provided Electronic Services, and changes related to the modernization of the Store's infrastructure – as long as these changes affect the implementation of the provisions of these Regulations.

11.4.1. Changes to the Regulations come into force within 14 days from the date of publication of the new content of the Regulations on the Store's website. The effective date of the last version of the Regulations is indicated in point 12.10 of the Regulations.

11.4.2. Orders placed before the changes to the Regulations come into force are processed in accordance with the previous content of the Regulations.

11.4.3. Acceptance of changes to the Regulations by the Service Recipient is considered to be the first action taken by the Service Recipient in the Store or entering into a Sales Agreement with the Seller after the changes to the Regulations come into force.