The following regulations define the rules and regulations for making purchases in an online store operated by the Seller at the address www.milaau.com.
The Seller is the company Milaau – Miron Kaftański (Milaau) based in Łebień 52/A, 84-351 Łebień; Tax Identification No. (NIP): 841 166 82 87, National Business Registry No. (REGON): 367321300; BANK ACCOUNT: 38 1140 2004 0000 3402 7499 9042.
1. Additional service – a service provided by the Seller to the Customer outside the Online Store in connection with the nature of the sale of Products.
2. Agreement – in the case of Consumers, this shall mean an agreement concluded at a distance or off-premises within the meaning of the Act of 30 May 2014 on Consumer Rights, and as regards Purchasers, this shall mean a sales agreement as defined in the Article 535 of the Civil Code Act of 23 April 1964.
3. Authorised Entity – an entity authorised to resolve consumer disputes out of court within the meaning of the Act of 23 September 2016 on Out-of-Court Consumer Dispute Resolution, as amended.
4. Completion date – the delivery time calculated from the moment of posting the full Payment or advance payment until the creation of a full-value Product.
5. Consumer – an adult natural person having a full capacity to perform acts in law, who makes a purchase that is not directly related to their business or professional activities from the Seller.
6. Customer – an adult natural person having a full capacity to perform acts in law, a legal person or an unincorporated organisational entity that has a capacity to perform acts in law, who or which makes a purchase relating directly to their business or professional activities from the Seller.
7. Delivery – a type of shipment service determined together with the designation of a carrier and cost.
8. Milaau – the entity providing sales services via the Online Store www.milaau.com on the terms set out in these Regulations.
9. Object of transaction – Products listed and described on the Online Store www.milaau.com.
10. ODR Platform – an EU website operating under the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, which is available at https://webgate.ec.europa.eu/odr
11. Online Store – a website available at www.milaau.com, which can be used by the Purchaser to place an order.
12. Order – a Purchaser's declaration of intent made through the shop by which the Purchaser determines clearly: a type and quantity of products; a type of delivery, a method of payment; a place of handing over things, Purchaser's details, and by which it aims directly to enter into an agreement with the Seller.
13. Payment – a method of making a payment for the object of an agreement and delivery, mentioned at www.milaau.com/platnosc
14. Physical Defect – non-conformity of a thing sold with an agreement.
15. Product – a minimum and indivisible quantity of things which may be an object of an order and which has been designated in the Seller's shop as a unit of measurement for the purpose of determining its price (price/unit).
16. Proof of Purchase – an invoice, a bill or a receipt issued according to the Goods and Services Tax Act of 11 March 2004, as amended and in pursuance of other applicable provisions of law.
17. Purchaser – both the Consumer and the Customer.
18. Rules and regulations – the following regulations regarding services provided electronically.
19. Shopping Basket – a list of products made consisting products included in the shop's offer and chosen by the Purchaser.
20. System – a set consisting of IT devices working together and software, ensuring that data can be processed and stored, and sent and received through telecommunications networks by means of a terminal device that is appropriate for a given type of network, commonly referred to as the Internet.
General Terms and Conditions
1. The following Rules and regulations define the rules for using the Online Store www.milaau.com.
2. The condition for placing an Order in the Online Store by the Customer is to read these Rules and regulations and accept its terms during the implementation of the Order.
3. All Products offered by the Seller are brand new and free from physical defects.
4. The Agreement has been concluded in the English language, in accordance with the Polish law and these Rules and regulations.
5. The Seller shall ensure the proper operation of the shop during the Purchaser's use of the system through the following web browsers: IE 7 or higher, FireFox 3 or higher, Opera 9 or higher, Chrome 10 or higher, Safari with the latest versions of JAVA and FLASH installed and the screen horizontal resolution of 1024 pixels. Using third parties' software that affects the operation and functions of the web browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may lead to the shop being displayed improperly, therefore in order to ensure that all the functionalities of the shop available at www.milaau.com, can be used, the said software must be shut down.
6. The Purchaser shall:
a. not provide or disclose any content forbidden by provisions of law, e.g. content that encourage violence, defame or infringe personal rights and third parties' rights;
b. use the shop in a manner that does not affect its functioning, in particu-lar by running specific software or devices;
c. refrain from performing actions such as: distributing or placing within the shop commercial information that was not requested (spam);
d. use the shop in a manner that is not onerous for other Purchasers and the Seller;
e. use any and all content placed within the shop solely for its own individ-ual purpose;
f. use the shop in a manner that is compliant with the legal provisions in force within the Republic of Poland, provisions hereof and the general rules of netiquette.
1. Milaau is based on the assumption of custom-made furniture production using solid wood, concrete and steel. These materials may have characteristic imperfections, e.g.
a. wood: knags, local cracks, discoloration;
b. concrete: air bubbles, hairline cracks, discoloration.
These features are fundamental in the brand concept and create the unique harsh nature of Milaau products.
Therefore, such imperfections are not considered a Physical defect of the Product, unless otherwise agreed before placing the Order by the Purchaser.
2. Photographs and visualizations of the Products included in the offer, on the Online Store website or other Milaau distribution channels, unless otherwise indicated, are for illustrative purposes only. Pictures and visualisations do not present ready products offered for sale. They are only examples of products that can be manufactured by Milaau for an individual customer's order. Due to the above, the actual dimensions, proportions, coloring, wood graining or product structure may differ from the pictures / visualizations shown for each order being processed and this does not constitute a basis for complaints about the product.
Due to the specificity of processing of materials used in the furniture production process and their susceptibility to changes in volume and shape under the influence of external factors, i.e. fluctuations in temperature and air humidity, the Seller reserves the following dimensional tolerances from nominal values:
a. thickness of elements ± 5 mm (0,2 inch)
b. length of elements ± 10 mm (0,4 inch)
c. width of elements ± 10 mm (0,4 inch)
Use and storage of furniture
1. The Customer is obliged to read the enclosed user manual of the Product, use the Product in accordance with its intended purpose and store the Product in appropriate conditions.
2. The wood used by the Seller has been subjected to appropriate drying processes and is intended for internal use in rooms with a temperature of 15-25 ° C and relative humidity of 35-65%.
3. The Milaau brand concept is based on providing the buyer with products that, apart from their unique appearance, also provide tactile stimuli. Achieving this effect is possible by applying appropriate impregnating oils, which should be periodically renewed. The impregnating agent is not included with the purchased product.
Prices and fees
1. All prices quoted by the Seller are expressed in Polish currency and are unit prices.
2. Product prices do not include delivery costs.
3. The condition of submitting the Order is its full payment or advance payment in the amount of 50% of the order value.
4. If the Buyer pays an advance payment, the remaining part is payable to the Seller's bank account before sending the Product to the Customer.
5. The security of online payments is provided by Blue Media S.A.
6. Available payment methods:
b. Visa Electron
d. MasterCard Electronic
7. Prices do not include any customs costs for shipping abroad.
Conclusion and Performance of Agreement
1. Orders are accepted via the Online Store and E-mail firstname.lastname@example.org.
2. Orders placed via the Online Store can be placed 24 hours a day, 7 days a week.
3. To place an Order, the Purchaser shall take at least the following actions, however, some of the actions may be performed more than one time:
a. to add a product to the basket;
b. to choose a type of delivery;
c. to choose a method of payment;
d. to choose a place of handing over things;
e. to place an order in the shop by clicking the “Order and Pay Now” button.
4. The conclusion of the Order with the Consumer takes place at the time of placing the Order.
5. The conclusion of the Order with the Customer takes place at the moment of acceptance of the Order by the Seller, about which he informs the Customer within 48 hours of placing the Order.
6. The standard maximum Completion date of the Order is:
a. up to 30 business days - products that do not have concrete elements;
b. up to 45 business days - products with concrete elements,
unless otherwise agreed individually with the Purchaser before placing the Order.
7. The Order Completion date is counted from the moment of posting the full Payment of the order or advance payment.
8. The shipping / delivery time is not included in the Completion date of the order.
9. The object of the agreement purchased shall be sent, together with a sales document chosen by the Purchaser, at a place of handing over things and by the method of delivery indicated by the Purchaser in the order
1. Products are sent to the address indicated in the order form or provided by email. The Online Store will inform the Customer immediately about an incorrectly completed order form that prevents shipments or may delay it.
2. The Products are delivered by courier companies or in some cases by Milaau. There is also a possibility of personal collection after prior determination of the date and time of receipt of the product.
3. The delivery time (from the moment the Product is delivered to the courier) is normally 1-3 working days in Poland and may be different for other countries.
4. The Seller is not responsible for delays in shipment resulting from the courier company's fault.
5. The cost of shipping specified in the Order form or via e-mail shall be borne by the Customer.
6. The basic delivery includes delivery of the Product to the Customers building (does not include bringing in).
7. In the case of specific delivery requirements, please contact the Seller before submitting the Order.
8. The costs of a possible return of the Product shall be covered by the Customer.
9. Milaau carefully prepares the Products for shipping in order to minimize the chance of damage during transport. Each parcel must be checked in the presence of the courier for possible damage. If a parcel has been damaged, a damage report should be drawn up with the courier to receive compensation from the courier company.
Complaint procedure 10. In the event of a Defect of the product purchased from the Seller, the Buyer has the right to make a complaint based on the provisions of the Civil Code Act.
11. Pursuant to Article 558(1) of the Civil Code, the Seller excludes any and all liability towards Customers for physical and legal defects (implied warranty for defects).
12. Complaints should be submitted to the address of Milaau.
13. In order to file a complaint, you must provide the complained product to Milaau - Miron Kaftański with proof of purchase.
14. The complaint will be considered within 14 days from the date of lodging the complaint. In the case of considering a complaint in favor of the Customer, Milaau will remove the defect, replace the product with a new one or return the value of the purchased product.
15. The Seller is not responsible for:
a. damage resulting from improper use and maintenance of the product,
b. damage caused by placing the Product in a room with improper air humidity or in the immediate vicinity of heating sources,
c. damages caused by placing the Product on a wrong base, e.g. curves, non-leveled floor, loose substrates, etc.
d. discoloration caused by exposure to solar radiation,
e. damage caused by exposure of the Product to external weather conditions (does not apply to Milaau Garden products),
f. damage caused by the use of chemical cleaning agents,
g. damage caused by acids,
h. damage caused due to hot, cold or heavy objects acting directly on the surface of the Product,
i. damage caused by prolonged exposure to liquid on the surface of the product,
j. changes resulting from the natural aging process of wood and everyday use,
k. defects resulting from circumstances independent of the Seller;
l. changes resulting from the natural properties of wood, e.g. volume changes, planes, warping, cramps, cracks, crevices,
m. possible small imperfections of materials that are characteristic of the materials used and are the foundation of the Milaau style,
n. differences in the color shade, grain and structure of solid wood, because this is due to its natural anisotropic structure,
Withdrawal from the contract
1. All Milaau Products are made to the individual order of the Buyer and tailored to his individual needs. With reference to art. 38 of the Consumer Rights Act, the consumer is not entitled to withdraw from an agreement concluded outside the business premises or at a distance in relation to a contract in which the object of the provision is a non-prefabricated product, manufactured according to the customer's specification or serving to satisfy his individual needs.
2. An exception is when the Seller offers ready-made products (Products marked as "available from stock", display models, accessories). The buyer, in accordance with art. 27 of the Consumer Rights Act, which concluded a contract at a distance or away from business premises, may, within 14 days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 par. 2 and art. 35.
3. In order to exercise the right to withdraw from the contract, the Purchaser must inform the Seller about his decision to withdraw from the concluded contract by an unambiguous statement (for example, a letter sent by post or e-mail).
4. The Purchaser shall send the Product back at his own expense promptly, however not later than within 14 days from the day on which the Seller was informed that he wishes to withdraw from the concluded contract.
5. The Purchaser is responsible for reducing the value of the object being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
6. The Seller shall promptly, but no later than within 14 days from the date of receipt of the declaration on withdrawal from the contract, return to the Purchaser all payments made by him, including the costs of delivering the goods to the Purchaser. If the Purchaser has chosen a delivery method other than the cheapest method of delivery offered by Milaau, Milaau will not reimburse the Purchaser for additional costs in accordance with Art. 33 of the Act on Consumer Rights.
7. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has explicitly agreed to a different payment method, which does not entail any costs for them.
8. The Seller may withhold the return of the payment received from the Consumer until the Product has been sent back to the Seller or the Consumer has delivered a proof of sending it back.
9. In the statement on withdrawal from the concluded contract, the Cunsumer should place:
• order number,
• date of order,
• invoice / receipt number,
• customer's first and last name,
• customer's address,
• phone number,
• e-mail adress,
• customer details for refund.
1. The Seller shall be the Administrator of the databases containing personal data provided by Consumers of the shop.
2. The Seller shall be obliged to protect personal data pursuant to the Personal Data Protection Act of 29 August 1997 and the Act of 18 July 2002 on the Provision of Services by Electronic Means. The Purchaser, by furnishing its personal data to the Seller while placing an order, grants its consent to the processing thereof by the Seller in order to complete the order received. The Purchaser shall be at any time allowed to review, amend, update and delete its personal data.
Final Provisions 1. Nothing herein shall infringe the Purchaser’s rights, nor shall it be construed or interpreted in this manner, since in the case of any conflict between any part hereof and any provision of law in force, the Seller commits itself to absolutely obey and apply such a provision of law in the place of the provision hereof that has been questioned.
2. Any change in these Rules and Regulations and the scope thereof shall be communicated to registered Purchasers by electronic means (at the email address indicated during the registration process). The notification shall be sent at least within thirty (30) days before new Rules and Regulations enter into force. Changes shall be introduced in order to adapt these Rules and Regulations to the law in force.
3. The Purchaser may access the present version hereof at any time by clicking the tab ‘Rules and Regulations’ (www.milaau.com/regulations). During the completion of an order and throughout the whole aftersales period, the Purchaser shall abide by the Rules and Regulations which it accepted when placing an order. Save for a situation when the Consumer considers them to be less favourable than the present ones and notifies the Seller of its intention to choose the same as binding.
4. Any matters not covered herein shall be governed by applicable law. Disputes, should the Consumer intend to do so, shall be resolved in mediation proceedings before Wojewódzki Inspektorat Inspekcji Handlowej or during a trial before an arbitration tribunal at Wojewódzki Inspektorat Inspekcji Handlowej. The Consumer may also use equivalent and legal pre-trial or out-of-court measures for dispute resolution, e.g. through the EU’s ODR platform or by choosing any authorised entity from among entities appearing on the UOKiK’s register. The Seller shall declare and give its intention and consent to the out-of-court resolution of consumer disputes
5. Controversies shall be resolved by a court of proper venue having competent subject matter jurisdiction only in the last resort.