Placing an order shall be understood as the approval of the provisions of these Regulations.

These Regulations set forth the principles of selling products offered by the online store www.mlekoliving.com, owned by Mleko Living Michal Zaluski, with its registered office at ul. Krótka 6, 32-031 Mogilany, registered in Central Register and Information on Economic Activity (CEIDG) with tax identification number NIP 6772268154 and REGON 365999386, also known as "Service Provider". 

Contact with the Service Provider is possible though e-mail: info@mlekoliving.com or by phone: 0048 667 654 226.

ARTICLE 1
GLOSSARY

1. Store/Website – online store conducted by Service Provider available at www.mlekoliving.com through which Service Provider provides services within the meaning of these Regulations.

2. Regulations – these Regulations of online store www.mlekoliving.com

3. Service – mail order sale of goods interior equipment carried out on the territory of the Republic of Poland and abroad of the Republic of Poland, executed after the ordering by the Ordering Party.

4. Ordering Party – a unit which has full legal capacity, uses the Services provided by the Service Provider and is authorised to receive the ordered products.

5. Agreement – agreement for sales concluded between the Service Provider and the Ordering Party, pursuant to which the Service Provider shall be obliged to provide the Service, whereas the Ordering Party shall be obliged to receive the product and pay the price.

6. Supplier – specialised unit handling deliveries of courier mail.

ARTICLE 2
GENERAL PROVISIONS

1. The Service Provider shall communicate with the Ordering Party by e-mail or telephone. The contact data of the Service Provider are specified in Article 1 of the Regulations. The cost of telephone call is in accordance with the tariff of the service provider used by the Ordering Party for telecommunication services.

2. The Ordering Party shall use the Services of the Service Provider through the online store www.mlekoliving.com

3. Each product offered in the Store is brand new and has the manufacturer warranty.

4. The Service Provider shall be obliged to provide products free of defects.

5. Each price specified for a product is gross, i.e. it includes 23% VAT tax. 

6. The prices are shown without the shipping costs, which are calculated during checkout. 

7. Product prices cannot be modified after placing an order.

8. The Service Provider shall have the right to change prices of products offered in the Store only prior to placing an order by the Ordering Party.

9. The Service Provider shall have the right to expand the offer of the Store by adding new products.

10. The Service Provider shall have the right to introduce price discounts and special offers. Certain special offers are introduced by means of discount codes, which are made available on the Website by the Service Provider in each such case, are subject Article 2, Section 11.

11. During the period of special offer or reduced price sales, the amount of products, as well as duration of special offer or price reduction are limited, and orders are executed in the order they are received. Special offer or price reduction shall finish when the stocks are exhausted, or at the moment specified by the Service Provider.

12. When placing an order, the Ordering Party shall conclude an Agreement with the Service Provider.

13. The Service Provider shall issue a purchase confirmation confirming the conclusion of the Agreement for every order. Purchase confirmation is each time attached and sent together with the ordered product. Upon the request of the Ordering Party, the Service Provider shall issue a VAT invoice, which shall also be sent via email.

14. The Service Provider applies the existing code of good practices in his activity, in accordance with the Act of 23 August 2007 on Combating Unfair Commercial Practices.

ARTICLE 3
ORDER PLACEMENT

The Ordering Party shall place an order through the Store on the website www.mlekoliving.com

2. In order to place an order, the Ordering Party shall press the button „CHECKOUT” after selecting the product.

3. After pressing the button „CHECKOUT”, the Ordering Party shall be obliged to provide the following data:

Name, Surname, e-mail address, Contact phone no, Street, Building no, Postal code, City, State, Country. Optionally: Company name, Tax identification number.

4.By providing the personal data and continuing the transaction The Ordering Party declares that all the provided data are true.

5. If the VAT receipt is requested, The Ordering Party shall provide the Service Provider with valid Company name and Tax identification number in the “Optional Information” section of the Checkout page. 

6. If The Ordering Party is an entity registered as a EU VAT payer, it may request to perform an intra-Community transaction and be charged with zero-rate VAT. In such case, The Ordering Party shall contact the Service Provider prior placing an order.

7. In case when The Ordering Party's delivery address is placed outside the EU member states and USA, there is no possibility to proceed the payment via the Store. In such case The Ordering Party shall contact the Service Provider. The Service Providerwill estimate the delivery cost and time for given location and contact The Ordering Party within 5 working days to finalise the transaction.

8. Excluding the situations specified in Article 3 Sections 6 & 7, The Ordering Party shall be informed of the delivery cost and time. Excluding the aforementioned exceptions, The Ordering Party shall, by pressing „Continue” button, proceed to choosing one of following payment methods: PayPal.

9. After choosing the payment system, The Ordering Party shall finalise the purchase by pressing the button „Continue with PayPal”.

10. The Service Provider shall reserve the right of additional verification of the order by e-mail or telephone, not later than within 3 working days after placing an order. At the same time, the Service Provider shall reserve the right not to execute an order in the case when the Ordering Party provided incomplete or untrue data, pursuant to Article 3 Section 3 of the Regulations. The Service Provider shall inform the Ordering Party about such case, if possible.

11. The Ordering Party shall be obliged to make the payment after pressing the button „Continue with PayPal”.

12. In the case referred to in Article 3 Section 10 Sentence 2 of the Regulations, the Service Provider shall return the paid funds within 7 days from the date of providing the information concerning the lack of possibility of execution of the order to the Ordering Party.

13. An order shall be accepted for executing upon receiving the confirmation of positive authorisation from the payment system by the Service Provider.

14. In the case when the Service Provider realises after placing an order by the Ordering Party that the ordered product is not available, the Service Provider shall inform the Ordering Party immediately by e-mail or telephone. In such case, the Ordering Party shall have the right to withdraw from the Agreement, and the funds transferred to the benefit of the Service Provider shall be returned within 7 days from the date of receiving the information about withdrawal from the Agreement by the Service Provider.

ARTICLE 4
PAYMENTS

The Ordering Party shall be obliged to pay for the ordered product upon placing the order.

2. The Ordering Party shall pay for the ordered product by bank transfer using the online payment platform – PayPal.

3. The price displayed when choosing the payment system shall be the final price including VAT and shipping costs, excluding the situations described in Article 3 Sections 6 & 7 of the Regulations.

ARTICLE 5
DELIVERY COSTS AND DATES

Each product has specific order processing time. Order processing time is specified in working days and calculated from the date of placing the order by the Ordering Party to the date of sending the ordered goods. In the case when the Ordering Party orders goods with different processing times, the longest processing time shall be binding for the Service Provider.

In the case when the processing time is not specified in the product’s description, the product is available off-the-shelf and the order will be processed within 3 working days, excluding holidays.

ARTICLE 6
OBLIGATIONS OF THE ORDERING PARTY

The Ordering Party shall be obliged to check the status and content of shipment in the presence of the Supplier.

2. In the event of noticing the occurrence of transport damage, the Ordering Party shall perform the acts of diligence required by the provisions of the Act of 15 November 1984. – Transport Law (Uniform text: Journal of Laws 2012.1173) to maintain the liability of the Supplier, and in particular to cause protocol determination of the shipment status and circumstances of loss occurrence by the Supplier.

3. The Ordering Party shall be obliged to acknowledge collection of the delivery from the Supplier.

4. Upon the acknowledgement, the right of ownership to the goods, as well as any risk related to product ownership and use, in particular the risk of loss or damage, shall be transferred to the Ordering Party.

ARTICLE 7
COMPLAINT PROCEDURE

The rights and obligations of the Ordering Party (consumer) are determined by the Act of 30 May 2014 on Consumer Rights.

2. The Ordering Party shall have the right to submit a statement of withdrawal from the Agreement, using the form template included in Article 10 of the Regulations.

3. The Ordering Party may withdraw from the Agreement within 14 days, without stating the reason or incurring the costs.

4. The Ordering Party shall have the right to submit a complaint using the form template included in Article 10 of the Regulations.

5. In the case when the Ordering Party withdraws from the Agreement or submits a complaint, the proper address for executing a return or sending a complaint is as follows: Mleko Living, ul. Stepowa 28b 30-698 Kraków, Poland. A complaint may also be submitted in electronic form or by e-mail. In the event of using the electronic form for submitting a complaint, the complaint should be sent to the address: info@mlekoliving.com

6. The period of withdrawal from the Agreement shall start upon receiving goods from the Supplier by the Ordering Party.

7. The Ordering Party may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Service Provider.

8. In order to observe the deadline referred to in Article 7 Section 3 of the Regulations, it shall be sufficient to send a statement prior to its expiry.

9. In the case of withdrawing from the Agreement pursuant to Article 7 of the Regulations, the Agreement shall be regarded as non-concluded.

10. The Service Provider shall return to the Ordering Party any payments made by the Ordering Party, including the costs of delivery of goods, within 14 days from receiving the statement of withdrawal from the Agreement.

11. The Service Provider shall return payments using the same manner of payment that has been used by the Ordering Party, unless the Ordering Party gave express consent for a different manner of payment, with no additional related costs for the Ordering Party.

12. If the Service Provider has not proposed to receive the goods from the Ordering Party himself, he may withhold the return of payments received from the Ordering Party until receiving the returned goods, or providing the evidence of the shipment of returned goods from the Ordering Party, depending on which event occurs earlier.

13. If the Ordering Party selected a different manner of delivery of goods than the cheapest common manner of delivery offered by the Service Provider, the Service Provider shall not be obliged to return the additional costs incurred by the Ordering Party.

14. The Ordering Party shall be obliged to return goods to the Service Provider immediately, however, not later than 14 days from the date of withdrawal from the Agreement and cover the costs of the shipping. In order to observe the deadline, goods shall be sent prior to its expiry. When returning goods, the Ordering Party shall be obliged to protect goods from destruction.

15. The Ordering Party shall be liable for reduction of value of goods, if they are used in a manner beyond necessary for confirming the character, features and functioning of goods.

16. The Ordering Party shall not have the right to withdraw from the Agreement pursuant to this Section, if the Ordering Party ordered goods which are non-prefabricated, manufactured in line with the specification of the Ordering Party or tailored to meet his individualised needs.

17. In the case of withdrawing from the agreement, the Ordering Party shall return the received VAT invoice together with the goods.

18. The Service Provider shall consider complaints immediately, not later than within 4 working days from the date of receiving the complaint.

19. Upon considering a complaint, the Service Provider shall inform the Ordering Party about his decision by e-mail or telephone.

20.The Service Provider shall replace damaged goods with products free of defects, whereas in the case when it is not possible, the Service Provider shall refund the incurred costs to the Ordering Party, or offer another product available in the offer of the Store.

ARTICLE 8
PRIVACY POLICY

The data collected within the Store shall constitute a set of data within the meaning of the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws 1997 no. 133 Item 883) and shall be reported to the Inspector General for the Protection of Personal Data.

2. The Ordering Party shall give his consent to processing of his personal data by the Service Provider.

3. The collected data are administered by the Service Provider.

4. The data have to be made available for the Service Provider in the process of order placement in the Store for the purpose of its proper processing.

5. The Service Provider shall be the sole administrator of the data and information collected on the Website.

6. Personal data collected by the Service Provider shall not be made available to any third parties, unless:
a) the user gives his consent for such disclosure;
b) upon the request of an authorised body (police, prosecutor’s office, courts, etc.) – in the case of suspected violation of law by the Ordering Party

7. Personal data are protected by the Service Provider from being made available to unauthorised persons, as well as from other cases of their disclosure, loss or destruction. Security measures applied in accordance with their intended use are used for protection, within the meaning of the Regulation of the Minister of Internal Affairs and Administration of 29 April 2004 concerning Personal Data Processing Documentation and Technical and Organisational Conditions which should be Fulfilled by Devices and Computer Systems Used for the Personal Data Processing (Journal of Laws 2004, No. 100, Item 1024).

8. The personal data collected by the Service Provider shall be used exclusively for the purpose of proper order processing.

9. Each unit whose data are collected shall have the right to watch and modify their content.

10. Each unit whose data are collected shall have the right to request cessation of his personal data processing, as well as the removal of such data from the database of the Website.

11. The Service Provider shall not be liable for any damages arising as a result of disclosing the data concerning a unit to any unauthorised parties by such unit.

12. The Service Provider shall not be liable for any damages arising as a result of unlawful disclosure of personal data to any third parties who obtained such data by committing a prohibited act.

ARTICLE 9
FINAL PROVISIONS

The Ordering Party hereby acknowledges that some of the offered products are executed manually, which prevents the possibility of executing an accurate duplicate of their appearance. The differences may concern colour, shape or pattern.

2. The Ordering Party shall be obliged to receive the ordered goods and settle amounts due for the ordered goods in accordance with the Regulations. The Ordering Party may refuse to accept the ordered goods only in the case of noticing damage when receiving the shipment.

3. All information, product photos and manufacturer trademarks are protected by copyrights. It is forbidden to copy, distribute, use for commercial purpose or present them without the approval of their owners.

4. The Regulations shall be effective upon their publication on the Store website.

5. The Service Provider shall reserve the right to introduce changes in the content of the Regulations. The Service Provider shall inform about any amendments to the Regulations through the Store website.

6. The Ordering Party shall have the right to inspect the content of the Regulations without any additional fees. The Regulations are placed on the Store website in the tab „Regulations”.

7. The publication of the Regulations in any other location than on the Website shall be approved in contacting the Service Provider.

8. The Ordering Party shall have the right to record the provisions of the Regulations by copying or printing the content of the Regulations at any time.

9. In the event of a lack of appropriate provisions of the Regulations to address a particular issue, the provisions of Polish law shall be applicable, including in particular the Act of 23 April 1964. Civil Code (Uniform text: Journal of Laws 2014.121), Act of 30 May 2014 on Consumer Rights.

10. In the case when a court or another relevant body decides that the Regulations are non-compliant with the Polish law or principles of social coexistence, the provisions of Polish law shall be applicable, including in particular the Act of 23 April 1964, instead of the non-compliant provision. Civil Code (Uniform text: Journal of Laws 2014.121), Act of 30 May 2014 on Consumer Rights. The provisions of the Regulations which have not been found to be non-compliant with the Polish law or principles of social coexistence shall remain effective and in force.

11. Any disputes arising in connection with the Regulations shall be settled amicably by the Parties, and in the event of a lack of amicable resolution, the court of competent jurisdiction in the place of residence or registered office of the Defendant shall be the relevant body for settling such dispute.

ARTICLE 10
FORMS

Withdrawal Form
Form of Complaint