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Store Terms & Conditions

 

Online Store Terms and Conditions

Miradouro Ceramica

⭳ Terms & Conditions to download (PDF)

  1. GENERAL PROVISIONS, CONTACT WITH THE STORE OWNER

    1. This document (hereinafter referred to as the “Terms and Conditions”) sets out the rules and conditions for using the online store Miradouro Ceramica, operating at: https://www.miradouroceramica.com.

    2. The owner of the Store is Adam Tomys, an entrepreneur conducting business activity under the name Software Development Adam Tomys, with its registered office at: ul. Mieczysława Karłowicza 11/7, 40-145 Katowice, Poland, entered into the Central Register and Information on Economic Activity (CEIDG), NIP: 4980238958, REGON: 241269451 (hereinafter referred to as the “Seller”).
    3. The Seller’s contact details are as follows:
      Correspondence address: ul. Mieczysława Karłowicza 11/7, 40-145 Katowice, Poland
      E-mail: contact@miradouroceramica.com
      Phone: +48 570 140 389 / +351 969 799 940 (customer service hours are provided in the “Contact” section of the website).
  2. TECHNICAL REQUIREMENTS

    1. To use the Store, the following are required:

      1. a computer or another device with an internet browser installed;

      2. access to the Internet;

      3. an active e-mail address.

        PERSONAL DATA

        1.The administrator of the personal data of the Store’s customers is the Seller.

        2.All information regarding the processing of personal data of customers and other users of the Store’s website can be found in the Privacy Policy.

  3. CONCLUSION OF THE SALES AGREEMENT, CUSTOMER ACCOUNT
    1. The Store enables the purchase of goods (hereinafter referred to as “Products”) displayed on the Store’s website. Registration or creation of an account in the Store is not required to place an order. To place an order, the customer must select the desired Products, add them to the “Cart” using the appropriate button, and continue with the ordering process by selecting the desired delivery and payment options.
    2. Information about products in the Store, including descriptions and prices, constitutes an invitation to conclude a sales agreement within the meaning of Article 71 of the Polish Civil Code, under the terms set out in these Terms and Conditions.
    3. Submitting an order requires completing the order form with all mandatory information necessary for the execution of the agreement and, optionally (at the customer’s request), data required for issuing a VAT invoice.
    4. If the customer decides to create an account in the Store (hereinafter referred to as the “Account”), registration is a one-time process. The customer’s e-mail address and chosen password will serve as login credentials for future use. After logging in, the customer gains access to their order history and will not need to re-enter their personal data for future purchases.
    5. The customer may cancel their Account at any time without incurring any costs. To do so, they must send a resignation request to: contact@miradouroceramica.com.

    6. By confirming the order with the button “Buy and Pay” (or another with equivalent wording), the customer:

      • submits to the Seller an offer to purchase the Products selected in the order under the conditions specified in these Terms and Conditions,

      • accepts the obligation to pay the price of the Products and delivery costs.

    7. The sales agreement (hereinafter the “Agreement”) is concluded at the moment the Seller accepts the order for processing (acceptance of the customer’s offer), which the Seller confirms by sending an e-mail message acknowledging receipt and acceptance of the order for processing.
    8. If the Seller is unable to fulfill the order (in whole or in part), the Seller shall notify the customer accordingly — in such a case, the Agreement is not concluded. The Seller will also inform the customer of possible alternatives for fulfilling the order, e.g. partial fulfillment or waiting for stock replenishment. If the order has been prepaid, and fulfillment is not possible, the Seller shall promptly refund the corresponding payment to the customer.
    9. The Seller shall provide the customer with confirmation of the concluded Agreement on a durable medium at the latest upon delivery of the Product.
    10. The Store shall not be liable for any failure or delay in delivery resulting from the customer providing incomplete or incorrect delivery information or omitting other details necessary for order fulfillment.
    11. The Seller reserves the right to suspend the fulfillment of an order if the data provided by the customer are false or raise justified doubts as to their accuracy. In such a case, the Seller (if possible) will attempt to contact the customer to verify the data.
  4. PRICES AND PAYMENT METHODS
    1. Product prices are stated in EURO and are gross amounts, i.e. inclusive of VAT.
    2. The cost of delivery is shown separately in the Store’s shopping cart, depending on the delivery method selected by the customer.
    3. Available payment methods are described on the Store’s website in the “Payment methods” section and are displayed to the customer during the checkout process.

    4. The Store offers the following payment methods:

      • instant bank transfer

      • card payment: Visa, MasterCard.

    5. Order processing begins once the Store receives confirmation of successful payment from the payment operator.
  5. DELIVERY OF GOODS
    1. Delivery of Products is carried out via the DPD courier company.
    2. The delivery cost depends on the weight of the shipment:
      Waga przesyłki

      Cena
      0 - 1 kg

      29,99 zł
      1 - 3 kg

      39,99 zł
      3 - 10 kg

      69,99 zł
      10 - 20 kg

      89,99 zł
      20 - 30 kg

      149,99 zł
    3. Except for Products collected in person by the customer, the order is considered fulfilled when the parcel is handed over to the carrier. The exact delivery time depends on the courier company.
    4. Products are dispatched by the Seller within 7 business days, unless a different delivery time is expressly stated in the product description at the time of ordering. Detailed delivery times are provided in the Store’s “Order processing time” section.
    5. The Seller normally fulfills orders within the territory of the Republic of Poland, at the delivery costs indicated in the “Delivery time and costs” section of the Store.
      International shipping is available, with costs specified on the Store’s website or agreed individually with the customer.
  6. WITHDRAWAL FROM THE AGREEMENT
    1. A customer who is a consumer or an entrepreneur enjoying consumer rights (as defined in Article 7aa of the Polish Consumer Rights Act) has the statutory right to withdraw from the sales agreement within 14 days of receiving the Product, without giving any reason, subject to the exceptions listed below.
    2. To exercise the right of withdrawal, the customer must send a statement:

       - by e-mail to: contact@miradouroceramica.com, or

       - in writing to: ul. Mieczysława Karłowicza 11/7, 40-145 Katowice, Poland.

    3. A withdrawal form template is available [here], though its use is not mandatory. The Seller will promptly send an e-mail confirmation of receipt of the withdrawal statement.
    4. The customer must then return the Product(s) at their own expense within 14 days to the following postal address: ul. Mysłowicka 35A/12, 40-486 Katowice, Poland.

    5. The Seller will refund the following amounts without undue delay, and no later than within 14 days of receiving the withdrawal statement:

      • the price of the Product,

      • the original delivery cost (based on the cheapest available standard delivery method offered by the Store).

    6. The Seller may withhold the refund until the Product is returned or until proof of its return is provided.
    7. Refunds will be made using the same payment method used in the original transaction, unless the customer has expressly agreed otherwise.
    8. The customer is liable for any diminished value of the Product resulting from handling it in a way that goes beyond what is necessary to establish its nature, characteristics, and functioning.
  7. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

    1. The right of withdrawal does not apply to agreements for the supply of Products that are:

      • non-prefabricated, made according to the consumer’s / entrepreneur’s specifications, or clearly personalized;

      • liable to deteriorate rapidly or have a short shelf life;

      • supplied in sealed packaging, which, after opening, cannot be returned for health protection or hygiene reasons;

      • audio or video recordings or computer software supplied in sealed packaging, once opened after delivery;

      • goods that, after delivery, become inseparably mixed with other goods due to their nature (e.g., building materials once used);

      • newspapers, periodicals, or magazines, except for subscription contracts;

      • goods whose price depends on fluctuations in the financial market beyond the Seller’s control;

      • alcoholic beverages whose price was agreed upon at the time of contract conclusion, but whose delivery may occur more than 30 days later, and whose value depends on market fluctuations beyond the Seller’s control.

  8. COMPLAINTS
    1. The Seller is obliged to deliver Products that comply with the Agreement.
    2. For consumers and entrepreneurs with consumer rights, the Seller’s liability for conformity of the Products with the contract is governed by the Consumer Rights Act. For all other customers, the Seller’s liability is based on the Civil Code.

    3. Complaints may be submitted:

    4. The Seller will respond to the complaint in the same form in which it was submitted (by e-mail or in writing) within 14 days of its receipt.

    5. If the customer is dissatisfied with the outcome, they may use alternative dispute resolution (ADR) methods, including:

      • submitting a request to the Provincial Trade Inspector for mediation;

      • contacting a local or municipal consumer ombudsman or consumer protection organization;

      • using the Online Dispute Resolution (ODR) platform available [here];

      • referring the matter to a Permanent Consumer Arbitration Court.

    6. Further information about ADR procedures can be found on the website of the Office of Competition and Consumer Protection (UOKiK): https://polubowne.uokik.gov.pl.
  9. SELLER’S LIABILITY FOR PRODUCT CONFORMITY (WARRANTY)
    1. The Seller is liable to the Consumer or the Entrepreneur with consumer rights for conformity of the Product with the sales agreement in accordance with the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2020, item 287, as amended).
    2. Products offered in the Store are new, handmade, and conform to the description provided on the website.
    3. The Seller is liable for any lack of conformity existing at the time of delivery and revealed within 2 years of the delivery date.
    4. If non-conformity is found, the Consumer may file a complaint by e-mail at contact@miradouroceramica.com or in writing to the Seller’s registered address.
    5. A complaint should include: the Consumer’s name, contact details, order number, description of the defect, and, if possible, photographic documentation.
    6. The Seller will review the complaint within 14 days from its receipt and inform the Consumer of further steps.
    7. If the complaint is accepted, the Seller will, at no cost to the Consumer, restore conformity of the Product with the contract (by repair, replacement, or refund), in accordance with the Consumer’s choice and applicable law.
  10. FINAL PROVISIONS
    1. Polish law shall apply to all Agreements concluded through the Store. Agreements are concluded in the Polish language.
    2. None of the provisions of these Terms and Conditions exclude or limit the rights of consumers (and Entrepreneurs with consumer rights) arising from applicable laws.
    3. The Seller may modify these Terms and Conditions at any time. Such changes apply to orders placed after the publication of the updated version.
      In the case of (i) previously concluded contracts for digital or electronic services, and (ii) customers with Accounts in the Store — such customers will be notified of the changes and given the option to reject the new Terms.
    4. These Terms and Conditions are effective as of 30 November 2024.

Newsletter Terms and Conditions
w sklepie Miradouro Ceramica

  1. GENERAL PROVISIONS, CONTACT WITH THE SELLER

    1. These Newsletter Terms and Conditions (“Newsletter Terms”) define the rules and conditions under which the Seller (“Seller”) – the owner of the online store Miradouro Ceramica (“Store”) – provides the newsletter service (“Newsletter”).

    2. The Newsletter consists of periodic electronic messages sent by the Seller to the e-mail address of a person who has given their marketing consent (“Subscriber”).
      These messages contain, in particular, commercial information regarding the Store and the Seller. They may also include other content related to the Seller’s activity, the Store’s industry, or educational materials that, in the Seller’s opinion, may be of interest and value to customers or potential customers of the Store (“Newsletter”).
    3. These Newsletter Terms constitute the terms of an electronic service within the meaning of the Polish Act on the Provision of Electronic Services.
      The Newsletter service is free of charge and is an additional, supplementary service to the Seller’s main activity — offering customers the purchase of Products.
    4. The Newsletter Terms are an annex to the Store’s main Terms and Conditions.
      In matters not covered herein, the provisions of the Store Terms and Conditions shall apply.
    5. Seller’s contact details (for Newsletter-related matters):
      ul. Mieczysława Karłowicza 11/7, 40-145 Katowice, Poland
      E-mail: contact@miradouroceramica.com
      Tel.: +48 570 140 389 / +351 969 799 940
  2. TECHNICAL REQUIREMENTS AND FUNCTIONALITY OF THE NEWSLETTER SERVICE

    1. To use the Newsletter service, the following are required:

      • a computer or another device with software enabling e-mail reception,

      • an active e-mail address,

      • access to the Internet.

    2. By subscribing to the Newsletter, the Subscriber may receive e-mails from the Seller containing, among others:

      • information about new arrivals and promotions in the Store,

      • discount codes and/or information about special benefits for Newsletter Subscribers,

      • other content related to the Store’s and Seller’s activities, the Store’s industry, or educational materials that, in the Seller’s view, may be interesting or useful for customers or potential customers.

    3. The Seller does not guarantee or declare any specific frequency of sending the Newsletter.
      The time of dispatch and the content of commercial information within the Newsletter are determined solely by the Seller.
  3. CONCLUSION OF THE AGREEMENT, WITHDRAWAL, AND TERMINATION OF THE NEWSLETTER SERVICE

    1. The Newsletter service agreement is concluded when:

      • a person visiting the Store completes the relevant form on the Store’s website by providing their e-mail address to receive commercial information, or

      • when placing an order in the Store, the customer consents to receiving marketing communications by checking the appropriate checkbox.

    2. The Seller may, as an incentive to subscribe, offer potential Subscribers a Bonus (e.g., a discount code, a digital file such as a free e-book, or another benefit related to the Store’s activity — such as free shipping).
      Information about any such Bonus will be clearly provided on the Store’s website.
    3. The Bonus will be sent to the e-mail address provided at subscription, immediately after the conclusion of the Newsletter service agreement.
      The Bonus may be delivered in a digital form (e.g., a link to download an e-book, a discount code, or a code to enter at checkout to activate free delivery).

    4. The Newsletter service agreement is concluded for an indefinite period.
      The Subscriber may unsubscribe from the Newsletter at any time and without providing a reason.
      To do so, they may:

      • click the unsubscribe link included in each Newsletter message, or

      • contact the Seller by e-mail.

    5. The customer also has a statutory right to withdraw from the Newsletter service agreement within 14 days of its conclusion.
    6. The Seller may discontinue the Newsletter service at any time, with prior notice to all Subscribers.
    7. If a Subscriber does not open any Newsletter messages from the Seller for more than one year, the Seller (after prior notice) may terminate the Newsletter service for that Subscriber.
  4. COMPLAINTS
    1. For consumers and entrepreneurs with consumer rights, the Seller is liable for conformity of the Newsletter service with the contract in accordance with the Consumer Rights Act.
      For other users, the Seller’s liability is governed by the Civil Code.
    2. Complaints regarding the Newsletter service may be submitted to the Seller in accordance with the procedure described in points IX.3–5 of the Store’s Terms and Conditions.
    3. If the Subscriber is dissatisfied with the outcome of a complaint, they may also use alternative dispute resolution (ADR)methods, as described in points IX.6–7 of the Store’s Terms and Conditions.
  5. PERSONAL DATA
    1. Pełne informacje o przetwarzaniu danych osobowych klientów Sklepu, w tym na cele świadczenia usługi Newslettera, znajdują się w Polityce prywatności.
  6. CHANGES TO THE NEWSLETTER TERMS AND CONDITIONS
    1. The Seller may amend these Newsletter Terms in accordance with point X.3 of the Store’s Terms and Conditions.
      If a Subscriber does not accept the new wording of the Terms, they may terminate the Newsletter service agreement with 14 days’ notice (by contacting the Seller via e-mail) or immediately (using the unsubscribe method described in point III.3 of these Newsletter Terms).