Regulamin

1. GENERAL PROVISIONS

1. The online store 9milly.com, operating under the address 9milly.com, is operated by Sebastian Żabiński, registered under the tax identification number (NIP): 1251755848.
2. These Terms and Conditions of the Online Store define the rules for making purchases in the online store 9milly.com, in particular, the principles and procedures for concluding distance sales contracts via the Store, as well as the complaint procedure and the procedure for withdrawal from the contract by the Consumer.
3. Regarding services provided electronically, these Terms and Conditions constitute the regulations referred to in Article 9 of the Act on the Provision of Electronic Services of July 18, 2002 (i.e., Journal of Laws of 2020, item 344, as amended).
4. These Terms and Conditions are directed to all Customers of the Store. All Customers are obliged to familiarize themselves with the provisions of the Terms and Conditions before making a purchase.
5. Every Customer is required to comply with the provisions of the Terms and Conditions. Sales are conducted based on the version of the Terms and Conditions valid at the time of placing the order.
6. Each Customer can access the Terms and Conditions at any time by clicking on the hyperlink: "Store Terms and Conditions" on the Store's website: 9milly.com. The Terms and Conditions can be downloaded and printed at any time.
7. All information contained on the Store's website: 9milly.com, relating to products (including prices), does not constitute an offer as defined in Article 66 of the Civil Code Act of April 23, 1964 (i.e., Journal of Laws of 2023, item 1610, as amended) but constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code Act of April 23, 1964 (i.e., Journal of Laws of 2023, item 1610, as amended). By sending the Order Form, the Customer makes an offer to purchase and deliver the specified Product at the price and on the terms specified in the description.

 

2. DEFINITIONS

Terms and Conditions – This set of rules governs the principles of using the Store's Services by Customers.

Consumer – A natural person concluding an Agreement via the Store, not directly related to their business or professional activity.

Entrepreneur with Consumer Rights – A natural person concluding a civil-law Agreement via the Store, directly related to their business activity, where the content of the Agreement indicates that it does not have a professional nature for that person, particularly resulting from the subject of their business activity made available based on regulations on the Central Registration and Information on Business. For the purposes of these Terms and Conditions, it is assumed that unless a distinction is made between these two groups of entities, the Terms and Conditions apply to both Consumers and Entrepreneurs with Consumer Rights.

Customer – A natural person (including a Consumer) who is at least 13 years old (provided they have obtained the consent of their legal representative), a legal entity, or an organizational unit without legal personality, to which specific legal provisions grant legal capacity, using the Services provided by the Store.

Order Form – A Service available on the Store's website through which the Customer can make a purchase, in particular by adding Goods to the Cart and specifying certain terms of the Sales Agreement, including delivery and payment methods.

Cart – A component of the Store where the selected Goods are visible to the Customer and where the Customer can set and modify Order details, including the quantity of purchased Products.

Store – The online platform owned by the Seller, available at the domain 9milly.com, through which the Customer can purchase Goods from the Seller.

Seller – Sebastian Żabiński, with headquarters at Krzywińska 14/20/ Poland, registered under tax identification number (NIP): 1251755848, who, conducting business or professional activities, offers sales through their website.

Goods – A movable item that is the subject of transactions between the Store and the Customer, the terms of sale of which are specified in the Order Form.

Goods with Digital Elements – Goods containing digital content or digital services or connected to them in such a way that the absence of the digital content or service would prevent their proper functioning.

Product – Any good or service, including real estate, digital services, and digital content, as well as rights and obligations.

Digital Environment – Hardware, software, and network connections used by the Consumer to access or use digital content or digital services.

Integration – The connection of digital content or digital services with elements of the Consumer's digital environment and their inclusion in these elements to ensure compliance with the Agreement for providing digital content or digital services.

Compatibility – The ability of digital content, digital services, or goods to work with the hardware or software typically used to access or use digital content, digital services, or goods of the same type without the need for their transformation.

Functionality – The ability of digital content, digital services, or goods to perform their functions considering their purpose.

Interoperability – The ability of digital content, digital services, or goods to work with hardware or software other than those typically used to access or use digital content, digital services, or goods of the same type.

Online Trading Platform – A service utilizing software, including a website, part of a website, or an application, operated by or on behalf of an entrepreneur, enabling Consumers to conclude remote agreements with other entrepreneurs or individuals not conducting business activities to conclude remote agreements with other individuals not conducting business activities.

Provider of an Online Trading Platform – An entrepreneur operating an online trading platform, providing the platform to entities, or enabling the use of this platform.

Agreement – A distance sales agreement for Goods, concluded by the Customer via the Store, typically through the Order Form.

3. ORDER PLACEMENT AND PROCESSING

1. Using the Store requires reading and accepting these Terms and Conditions. By placing an order, the Customer accepts the content of the Terms and Conditions.
2. The main parameters determining the ranking of offers presented to Consumers as a result of a search query, and displayed in direct association with a specific offer in a visible manner, are as follows:
3. The Store labels sponsored offers and paid advertisements. This information is displayed in direct association with a specific search result in a visible way that stands out from the general interface.
4. The price specified in the order constitutes the total amount the Customer is required to pay, including the applicable tax (gross price). The delivery cost is not included in the price, as it depends on the delivery method selected by the Customer for the Product.
5. If the Consumer is required to pay an amount exceeding the agreed price described in the previous section, the Store will promptly inform the Consumer of this fact, explaining the reason for the price difference. Additional charges to the Consumer will only occur after obtaining their explicit consent.
6. The Seller reserves the right to change prices in the Store, introduce new Products for sale, conduct and cancel promotional campaigns, or make changes to them in accordance with applicable laws.
7. In the event of a promotion, the Store informs Customers of the lowest price of the Product from the last 30 days. If the Product has been on sale for less than 30 days, the price before the promotion is the lowest price since the Product was introduced to the Store. This information is displayed next to the promotional price of the Product.
8. Orders from Customers are accepted via the Order Form submitted through the website: 9milly.com or via email at kontakt9milly@gmail.com, 7 days a week, 24 hours a day.
9. Ordering a Product is carried out by selecting the Goods the Customer is interested in, clicking the "ADD TO CART" button next to the Product description, and then, from the "CART" tab on the Store's page, completing the Order Form, including selecting the delivery and payment method or the cash-on-delivery option if available for the selected Product, and then clicking the purchase confirmation button.
10. Entrepreneurs with Consumer Rights should indicate, at the time of placing the Product order, that the purchase is not of a professional nature for them.
11. After placing an order, the Customer receives confirmation of the placed order at the email address provided in the Order Form.
12. Upon receiving confirmation of the offer by the Customer, the Seller begins the order fulfillment process, whereby:
    a) For orders with cash-on-delivery payment – the process begins no later than the next business day after confirmation by the Seller.
    b) For orders with traditional bank transfer payment – the process begins after the payment for the order is credited to the Store's bank account.
13. The Customer will receive a message confirming the acceptance of the order for processing, which is understood as the Seller's statement of accepting the offer. Upon receipt by the Customer, the Sales Agreement is concluded.
14. Upon the Customer's request, an invoice will also be issued and sent to the Customer (Art. 106b(3) of the Value Added Tax Act of March 11, 2004, i.e., Journal of Laws of 2023, item 1570, as amended).
15. The available means of communication between the Customer and the Store are:
    a) Email – kontakt9milly@gmail.com
    b) Phone – 5+48660504644
    c) Address for withdrawal from the Agreement: Krzywinska 14/20 Poland
16. The Seller does not verify the authenticity of Customer reviews regarding Products purchased in the Store.

 

4. DELIVERY AND SHIPPING COSTS

1. Orders placed in the Store are shipped via parcel lockers or couriers.
2. Orders placed in the Store are processed only on business days. Orders placed on Saturdays, Sundays, or public holidays will be processed on the next business day.
3. The typical delivery time is 2-3 business days. However, for orders placed as preorders, the shipment may take up to 25 business days. The delivery time includes the order processing time, which involves preparing the Products for shipment, and the estimated delivery time, which is 24 hours for deliveries within Poland.
4. The Seller is not responsible for delays caused by the carrier.
5. Upon receiving a shipment delivered by a courier, the Customer should carefully check the contents and completeness of the shipment, the condition of the external packaging, and the condition of the ordered Product in the presence of the courier. In the event of shipment damage, the Customer should prepare a damage report with the courier, in two identical copies signed by both the Customer and the courier.

 

5. PAYMENT PROCESSING

1. The following payment methods are available in the Store:

1. Cash on Delivery – payment upon receipt of the shipment, available only for products in stock. For preorder items, payment is only possible via Blik or bank transfer.
2. Bank Transfer;
3. Blik.

2. Detailed rules and conditions for making payments via banks or other available services are governed by the respective regulations of the relevant banks and services.
3. Customers who choose the bank transfer payment option are required to make the payment for their order within one (1) business day from the order date. Otherwise, the Seller's offer will no longer be binding, and the order will be removed from the system.

 

. COMPLAINTS

1. The Seller is liable for any lack of conformity of the Product with the Agreement. The provisions of the Civil Code Act of April 23, 1964 (consolidated text: Dz.U. of 2023, item 1610, as amended) regarding statutory warranty for defects do not apply to agreements obligating the transfer of ownership of Goods to Consumers, including, in particular, sales agreements, delivery agreements, and agreements for work that constitute Goods.
2. The Seller is liable for a lack of conformity of the Product with the Agreement that exists at the time of delivery and is revealed within two (2) years from that time unless the expiration date of the Product specified by the Seller, its legal predecessors, or persons acting on their behalf is longer. It is presumed that any lack of conformity of the Product with the Agreement revealed within two (2) years of delivery existed at the time of delivery unless proven otherwise or if such a presumption cannot be reconciled with the nature of the Product or the lack of conformity.
3. If the Product is not in conformity with the Agreement, the Consumer may request its repair or replacement. The Seller may replace the Product if the Consumer requests a repair, or the Seller may repair the Product if the Consumer requests a replacement, provided that bringing the Product into conformity with the Agreement in the manner chosen by the Consumer is impossible or would incur excessive costs for the Seller. If both repair and replacement are impossible or would incur excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Agreement.
4. The Seller will carry out the repair or replacement within 14 days of the Consumer notifying the Seller of the lack of conformity with the Agreement, and without undue inconvenience to the Consumer, taking into account the nature of the Product and the purpose for which the Consumer acquired it. The Seller bears the costs of repair or replacement, including postage, transport, labor, and materials. For this purpose, the Consumer shall make the Product available to the Seller for repair or replacement. The Seller will collect the Product from the Consumer at the Seller's expense. If the Product was installed before the lack of conformity was revealed, the Seller will dismantle the Product, repair or replace it, and reinstall it at their expense or arrange for these actions to be carried out.
5. If the Product is not in conformity with the Agreement, the Consumer may make a statement to reduce the price or withdraw from the Agreement if:
   a) The Seller refuses to bring the Product into conformity with the Agreement;
   b) The Seller fails to bring the Product into conformity with the Agreement;
   c) The lack of conformity persists despite the Seller’s attempts to bring the Product into conformity;
   d) The lack of conformity is significant enough to justify a price reduction or withdrawal from the Agreement without first requesting repair or replacement;
   e) It is clear from the Seller's statement or circumstances that the Product will not be brought into conformity within a reasonable time or without undue inconvenience to the Consumer.
6. The reduced price must be proportional to the discrepancy between the value of the Product as non-conforming with the Agreement and the value of the Product conforming to the Agreement. The Seller shall refund amounts due to the Consumer as a result of exercising the right to a price reduction without undue delay and no later than within fourteen (14) days of receiving the Consumer's statement of price reduction.
7. The Consumer may not withdraw from the Agreement if the lack of conformity is insignificant. It is presumed that the lack of conformity is significant.
8. In the event of withdrawal from the Agreement, the Consumer must return the Product to the Seller promptly and at the Seller's expense. The Seller will refund the price promptly and no later than fourteen (14) days from the receipt of the Product or proof of its return, using the same payment method the Consumer used unless the Consumer explicitly agrees to a different refund method without incurring any costs.
9. Complaints regarding Products can be submitted:
   – By email to: kontakt9milly@gmail.com.
10. A complaint should include:
    a) The complainant’s details (name, correspondence address, email address, and phone number);
    b) A description of the reason for the complaint and the desired resolution;
    c) The order number as shown in the order confirmation;
    d) The original or a copy of the proof of purchase (e.g., receipt or invoice) to facilitate the complaint process, although it is not necessary for submitting the complaint.
11. The above provisions do not exclude the possibility of the Seller providing a warranty for purchased Products, governed by a separate warranty policy.

7. RIGHT OF WITHDRAWAL

1. In accordance with the Consumer Rights Act of May 30, 2014 (consolidated text: Dz.U. of 2020, item 287, as amended), the Consumer has the right to withdraw from the Agreement regarding Products purchased in the Store, without providing a reason, by submitting a relevant written statement within fourteen (14) days, starting from the day the Goods are delivered (i.e., from the day the Goods are received by the Consumer). This deadline is considered met if the Consumer sends the statement before it expires.
2. The Consumer can withdraw from the Agreement by submitting a statement of withdrawal to the Seller. A template for the statement is attached as Appendix 1 to these Terms and Conditions.
3. The withdrawal statement should be sent to the following address:
   Henryka Sienkiewicza 16H/2, Kobyłka 05-230, Poland.
4. The Consumer must return the Goods to the Seller within fourteen (14) days from the date on which they withdrew from the Agreement. Sending the Goods back before the deadline is sufficient to meet the return deadline.
5. The Consumer bears only the direct costs of returning the Goods.
6. The Goods must be returned to the Seller’s address:
   Krzywińska 14/20, 03-324 Warsaw, Poland.
7. The Seller will refund all payments made by the Consumer, including the cost of delivering the Goods, within fourteen (14) days from the receipt of the statement of withdrawal from the Agreement. However, the refund will not be made until the Goods are received back or until the Consumer provides proof of their return.
8. If the Consumer selected a delivery method other than the cheapest option offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred.
9. The Seller will make the refund using the same payment method the Consumer used.
10. The Consumer is liable for any reduction in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
11. The right to withdraw from the Sales Agreement does not apply to the Consumer in relation to an Agreement:
    a) where the subject of the contract is a non-prefabricated Product, made according to the Consumer’s specifications or serving to meet their individual needs;
    b) where the subject of the contract is a Product that deteriorates rapidly or has a short shelf life;
    c) where the subject of the contract is alcoholic beverages, the price of which was agreed upon when the contract was concluded, and which can only be delivered after 30 days, and whose value depends on fluctuations in the market, over which the Seller has no control;
    d) where the subject of the contract is a Product delivered in sealed packaging, which cannot be returned after opening due to health or hygiene protection reasons, if the packaging has been opened after delivery;
    e) where the subject of the contract is Products that, by their nature, are inseparably combined with other goods after delivery;
    f) where the subject of the contract is sound or video recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
    g) for the delivery of newspapers, periodicals, or magazines, except for subscription contracts;
    h) where the price or remuneration depends on fluctuations in the financial market, which the Seller has no control over, and which may occur before the deadline for withdrawing from the Agreement;
    i) for the delivery of Products with digital elements, digital services, or digital content not delivered on a physical medium, for which the Consumer is obliged to pay a price, if the Seller started the service with the Consumer's explicit and prior consent, who was informed before the service began that after the service is performed by the Seller, they will lose the right to withdraw from the Agreement, and has acknowledged this, and the Seller has provided them with confirmation;
    j) concluded through public auction;
    k) for the provision of services related to accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports, or cultural events, if the contract specifies the date or period of service delivery;
    l) where the Consumer explicitly requested the Seller to come to perform urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer or delivers goods other than spare parts necessary for repair or maintenance – the right to withdraw applies to the additional Services or Products;
    m) for the provision of services, for which the Consumer is obliged to pay a price, in a case where the Consumer explicitly requested the Seller to come to perform a repair, and the service was already fully performed with the Consumer's explicit and prior consent.
12. The right of withdrawal from a distance contract applies to Consumers and Entrepreneurs on Consumer terms.

 

8. OUT-OF-COURT DISPUTE RESOLUTION

1. If the complaint procedure does not bring the expected result for the Consumer, the Consumer may, among other options, use:
   ● Mediation conducted by the relevant Provincial Inspectorate of the Trade Inspection, where the Consumer can submit a request for mediation. As a rule, the procedure is free of charge. A list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
   ● Assistance from the relevant local permanent consumer arbitration court, operating at the Provincial Inspectorate of the Trade Inspection, where the Consumer can submit a request for the case to be heard before the arbitration court. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
   ● Free assistance from a municipal or district consumer ombudsman.
   ● The online ODR platform, available at: http://ec.europa.eu/consumers/odr/.
2. This chapter entitled "Out-of-Court Dispute Resolution" does not apply to Entrepreneurs on Consumer terms.

9. PERSONAL DATA PROTECTION

1. By placing an order, the Customer consents to the processing of the personal data provided by them for the purpose of order fulfillment and customer service by the Seller, who is also the data controller within the meaning of Article 7 of the Regulation (EU) 2016/679 of the European Parliament and 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), Official Journal of the EU L 119, 4 May 2016, pp. 1-88.
2. The data controller of the personal data provided by the Customer when using the Store is the Seller.
3. The personal data in the Seller’s database is not shared with entities that do not participate in the fulfillment of the Agreement.
4. In accordance with Article 15 of the Regulation (EU) 2016/679 of the European Parliament and 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), Official Journal of the EU L 119, 4 May 2016, pp. 1-88, the Customer has the right to access their personal data, request its correction, or deletion. The Seller ensures that every Customer has the right to control the processing of their personal data.
5. Providing personal data is voluntary; however, the lack of consent to process personal data makes it impossible to fulfill the Customer's order.
6. Detailed information regarding personal data and privacy protection is provided in the "Privacy Policy" section on the Store's website.