Terms and conditions of use
§1 General Provisions
1.1. These regulations govern the use of the Online Store at www.milo.pl,
1.2. The online store operating at www.milo.pl (hereinafter referred to as “Milo …of climbing”) is run by Milo-Sport M. i E. Kwaśniewscy sj, entered into the National Court Register maintained by the District Court Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register under the number [entry number 0000101572], Tax Identification Number (NIP): 6260015355, National Business Registry Number (REGON): 271946804. (hereinafter referred to as “Milo …of climbing”).
1.3. Contact details of the entrepreneur enabling the Buyer to contact the Seller:
1) postal address: Milo-Sport M. i E. Kwaśniewscy sj ul. Łączna 39 41-303 Dąbrowa Górnicza;
2) telephone number: tel.: 32 264 11 34;
3) e-mail address: info@milo.pl.
1.4. The Milo …of climbing online store's Terms and Conditions are permanently posted on the website www.milo.pl/regulamin in a manner enabling Customers to access, reproduce, and record their contents. The Terms and Conditions are also made available to Customers before concluding a contract.
§2 Definitions
The terms used in these regulations mean:
2.1. Consumer – a natural person within the meaning of Article 221 of the Civil Code,
2.2. Entrepreneur with consumer rights – a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of their business activity, made available under the provisions on the Central Register and Information on Business Activity,
2.3. Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity,
2.4. Service Provider/Seller – Milo-Sport M. i E. Kwaśniewscy sj, entered into the National Court Register maintained by the District Court Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register under the number [entry number 0000101572], Tax Identification Number (NIP): 6260015355, National Business Registry Number (REGON): 271946804, having its registered office at:
Łączna 39, 41-303 Dąbrowa Górnicza, M. DĄBROWA GÓRNICZA commune, M. DĄBROWA GÓRNICZA county, Silesian Voivodeship. ,
2.5. Online Store – online store operated at www.milo.pl by Milo-Sport M. i E. Kwaśniewscy sj
2.6. Civil Code – Act of 23 April 1964 (Journal of Laws 2020, item 1740),
2.7. Product – (1) a movable item available in the Online Store (including a movable item with digital elements, i.e. containing digital content or a digital service or connected with them in such a way that the lack of digital content or a digital service would prevent its proper functioning), (2) digital content or (3) a service (including a digital and non-digital service) which is the subject of the Sales Agreement between the Customer and the Seller,
2.8. Regulations – these regulations for the provision of services by electronic means within the meaning of Article 8 of the Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws 2020, item 344),
2.9. Customer/Buyer – a natural person, legal person or organizational unit without legal personality, to which special provisions grant legal capacity, who places or plans to place an Order within the Online Store using electronic means, including a Consumer, an Entrepreneur with consumer rights and an Entrepreneur,
2.10. Order – a declaration of intent of the Customer, in which the Customer accepts the Seller's sales offer, which includes in particular the price, type and quantity of Products under the Sales Agreement via the Online Store.
2.11. Sales Agreement – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store. A Sales Agreement also means, respectively, an agreement for the supply of digital content or a digital service (in the case of Products that are digital content or digital services) and a service agreement (in the case of a Product that is a service other than a digital service).
2.12. Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws 2020, item 287).
§ 3 Rules for using the online store
3.1. Prices for all Products in the Online Store are gross prices (including VAT) and are expressed in Polish zloty. Any deviations from the Polish currency principle are clearly marked next to the Product price.
3.2. The Seller uses discount codes in the Milo …of climbing Online Store, entitling the purchase of Products at the discount indicated on the coupon. Discount codes cannot be exchanged for cash.
3.3. To place an order in the Milo …of climbing online store, acceptance of these Terms and Conditions is required.
3.4. To successfully place an order in the Milo …of climbing online store, you must have a device with internet access that allows you to browse websites, as well as a keyboard or other device that allows you to correctly complete electronic forms. We recommend using the latest versions of web browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.
3.5. The Online Store website uses Responsive Web Design (RWD) technology, which adapts the page content to the device on which it is displayed. The Store website is designed to be viewed on both desktop computers and mobile devices.
3.6. The Milo …of climbing online store website has an SSL certificate – a secure communication encryption protocol.
§ 4 Conditions for concluding a sales contract
4.1. Orders in the Milo …of climbing online store can be placed by completing the appropriate forms available on the store's website.
4.2. When placing an order, the Customer is required to provide correct personal data: name and surname, address, email address and mobile phone number.
4.3. Upon receipt of the order, the Seller will confirm its receipt and simultaneously inform the Customer that the Order has been accepted for processing. Confirmation of the order is made by sending an appropriate email to the Customer at the address provided in the order form. Upon confirmation of the order being accepted by the Seller, the contract is deemed concluded.
4.4. The content of the sales contract is made available and recorded by making these Regulations available on the Online Store website and sending relevant information to the Customer's e-mail address provided when placing the order, referred to in §4 point 4.2.
4.5. Placing Orders in the Milo …of climbing Online Store is possible 24 hours a day, every day of the year.
§ 5 Payment method and payment deadline
5.1. In the Milo …of climbing store you can pay in one of the following ways:
– Order now and pay within 30 days Twisto:
- the fastest payment method on mobile devices,
- late payment option – up to 30 days without any fees,
- available without registration for customers of all banks,
– BLIK:
- the payment method that is gaining new users the fastest,
- easy payment in two steps – just enter the code from your bank's application and then confirm the transaction on your phone,
– Fast transfers:
- fast, fully automatic transfers from accounts of the most popular banks in Poland,
- without retyping the amount and recipient details – and without mistakes.
– Card payment:
- secure payments with VISA and Mastercard debit and credit cards.
5.2. After placing an order, the Customer will receive an email with a bank account number to which the correct amount should be transferred. Once the payment is credited to the Milo … of Climbing store's bank account, the order will be processed.
5.3. The Milo …of climbing online store offers installment and leasing options through Comperia + Siemens SimplyLeasy. Detailed information about the entities providing this service is available at www.milo.pl.
5.4. The Milo …of climbing online store allows payment via the following external electronic payment services:
- imoje.pl (enabling payment within 30 days via Twisto, BLIK payments, quick transfers and card payments)
5.5. The Customer is obliged to make payment using one of the above-mentioned methods within 7 calendar days from the date of conclusion of the sale agreement.
5.6. If you choose cash on delivery (if available), you must pay upon delivery. Please note that cash on delivery may only be available in certain cases, and its availability may depend on the terms of your order.
§6 Delivery
6.1. Ordered Products are delivered only within the territory of the Republic of Poland and are delivered to the address indicated by the Customer in the order form.
6.2. The shipping time for Products ordered from the Milo …of climbing online store is typically 48 hours. The Seller will make every effort to deliver the Product within the time specified on the product card in the online store. If the Product cannot be delivered within the above-mentioned time, the Buyer will be notified immediately.
6.3. Delivery of ordered Products is carried out via selected courier companies and logistics operators, such as:
InPost Parcel Locker
InPost Courier
DPD (delivery to your door or collection point)
- DPD to door/point
- DPD Courier
Please note that delivery prices will be displayed during the ordering process, taking into account your chosen delivery method and destination.
6.4. When the Product is handed over to the courier company, the Buyer is notified of this fact by sending an e-mail to the address provided in the order.
6.5. We currently do not offer in-person collection of ordered Products at our company headquarters. All orders are delivered via selected courier companies and logistics operators.
6.6. The costs of delivering the Product, which in addition to the price of the Product are borne by the Customer, are provided on the Store's website when placing the Order.
6.7. The cost of Product delivery in the event of cash on delivery is borne entirely by the Customer.
6.8. Upon receipt of the Product, the Customer is obligated to confirm receipt. The Product then becomes the Customer's property.
6.9. If the subject of the Sales Agreement is a Product that is digital content or a digital service, access to the Product is granted immediately after payment is received by, for example, making the content or digital service available on the Customer's Account in the Online Store or sending a unique link (URL address) enabling such access to the e-mail address provided by the Customer when placing the Order.
6.10. The Products – digital content and services available in the Online Store – may be used for the period specified in the agreement, under the license terms applicable to the given Product, in accordance with the information provided in its description, and in the absence thereof – in the manner and to the extent necessary to use the Product in accordance with its intended purpose and subject matter, solely for the Customer's own personal use. Unless the individual license terms of the Product provide otherwise, the Customer is not entitled to any copyrights to the Products – digital content and services under the Sales Agreement, and in particular is not entitled to distribute or market them in any form.
§7 Withdrawal from the contract
7.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in this section of the Regulations.
7.2. In order to exercise the right referred to in the preceding point, the Consumer should inform the Seller by submitting a declaration of withdrawal from the contract. The declaration can be sent by post to the following address: Łączna 39, 41-303 Dąbrowa Górnicza, M. DĄBROWA GÓRNICZA commune, M. DĄBROWA GÓRNICZA district, Silesian Voivodeship, or electronically to the Seller's email address: info@milo.pl. The Consumer may use the withdrawal form provided by the Seller or the template constituting Annex 2 to the Consumer Rights Act, but this is not obligatory. To meet the deadline for withdrawal from the contract, it is sufficient to send the declaration before its expiry. A declaration of withdrawal submitted after the deadline referred to in §7 point 7.1 shall have no legal effects.
7.3. The declaration of withdrawal from the contract form (Annex No. 1 to these Regulations) is provided to the Buyer in paper form (in the documentation attached to the shipment) and in electronic form (in the attachment to the electronic correspondence confirming acceptance of the order for execution).
7.4. The period for withdrawal from the contract begins:
- for a contract under which the Seller delivers a Product and is obliged to transfer its ownership (e.g. a Product that is a movable item) – from the moment the Consumer or a third party indicated by him, other than the carrier, takes possession of the Product, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;
- for other contracts (e.g. a Product that is digital content or a digital service) – from the date of conclusion of the contract.
7.5. The Consumer bears the direct cost of returning the Product. The Consumer is obligated to properly secure the returned Product to prevent damage in transit.
7.6. The Consumer is obligated to return the Product immediately, but no later than 14 days from the date on which they withdrew from the contract. The Seller may stipulate that in the event of withdrawal from the contract, the returned Product will be collected by them or a person authorized by them. The Product should be returned to the following address: Łączna 39, 41-303 Dąbrowa Górnicza, M. DĄBROWA GÓRNICZA commune, M. DĄBROWA GÓRNICZA district, Silesian Voivodeship.
7.7. The Consumer is liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
7.8. In the event of withdrawal from the contract, all payments made by the Consumer, including the costs of delivery of the Product (excluding additional costs resulting from the Consumer's choice of a delivery method other than the least expensive standard delivery method available in the Online Store), will be refunded by the Seller immediately, but no later than within 14 days of the date the Seller receives the Buyer's notice of withdrawal from the contract. The refund will be made using the same payment method used by the Consumer. The Seller, in consultation with the Consumer, may agree on a different refund method that will not incur additional costs for the Consumer. If the Seller has not stipulated that it will collect the Product from the Consumer, it may withhold the refund until it receives the Product back or the Consumer provides proof of sending it back, whichever occurs first.
7.9. In the case of a Product that is a service, the performance of which – at the Consumer's express request – began before the expiry of the withdrawal period, the Consumer who exercises the right to withdraw from the contract after submitting such a request is obligated to pay for the services provided up to the time of withdrawal. The amount of payment is calculated proportionally to the scope of the services provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the services provided.
7.10. In the case of a Product that is digital content or a digital service, the following additional rules apply – to any other matters not regulated below, the remaining provisions of paragraph 7 of the Regulations shall apply:
- In the event of withdrawal from the contract for the supply of a Product – digital content or digital service – the Seller, from the date of receipt of the Consumer's declaration of withdrawal from the contract, may not use content other than personal data provided or created by the Consumer during the use of the Product – digital content or digital service – provided by the Seller, with the exception of content that: (1) is useful solely in connection with the digital content or digital service that formed the subject of the contract; (2) relates solely to the Consumer's activity when using the digital content or digital service provided by the Seller; (3) has been combined by the Seller with other data and cannot be separated from it or can only be separated with disproportionate effort; (4) was created by the Consumer jointly with other Consumers who may still use it. Except for the cases referred to in points (1)–(3) above, the Seller, at the Consumer's request, makes available content other than personal data that was provided or created by the Consumer during the use of the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the Consumer from further use of the digital content or digital service, in particular by preventing the Consumer from accessing the digital content or digital service or blocking their account in the Store, which does not affect the Consumer's rights referred to in the preceding sentence. The Consumer has the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used, machine-readable format.
- In the event of withdrawal from the contract for the supply of a Product – digital content or a digital service, the Consumer is obliged to stop using this digital content or digital service and making it available to third parties.
7.11. The right of withdrawal does not apply in relation to contracts covered by Article 38 of the Consumer Rights Act, and in particular in the case of contracts: (1) for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service he will lose the right to withdraw from the contract and has acknowledged this; (2) in which the subject of the provision is a non-prefabricated Product, manufactured according to the Consumer’s specification or serving to meet his individual needs; (4) in which the subject of the provision is a Product that is subject to rapid deterioration or has a short shelf life; (5) in which the subject of the provision is a Product delivered in sealed packaging that cannot be returned after opening for health protection or hygiene reasons if the packaging was opened after delivery; (6) for the supply of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller commenced the performance with the express and prior consent of the Consumer, who was informed before the commencement of the performance that after the Seller has fulfilled the performance, the Consumer will lose the right to withdraw from the contract, and the Consumer has acknowledged this, and the Seller has provided the Consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act.
7.12. The provisions of this paragraph 7 of the Regulations regarding Consumers also apply to Entrepreneurs with Consumer Rights.
§8 Complaints
8.1. The basis and scope of the Seller's liability towards the Customer are defined by generally applicable laws and the following provisions of the Regulations. Below is additional information regarding the Seller's liability for the Product's compliance with the Sales Agreement, as provided by law:
- In the event of a complaint regarding a Product – a movable item – purchased by the Customer under a Sales Agreement concluded with the Seller by December 31, 2022, the Seller's liability is governed by the provisions of the Civil Code in the wording applicable until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions specify, in particular, the basis and scope of the Seller's liability towards the Customer if the Product sold has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for a Product purchased in accordance with the previous sentence towards a Customer who is not a Consumer is excluded.
- In the event of a complaint regarding a Product – a movable item (including a movable item with digital elements), but excluding a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller on or after January 1, 2023, the Seller's liability is governed by the provisions of the Consumer Rights Act in the wording applicable on or after January 1, 2023, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller's liability towards the Consumer in the event of a Product's non-conformity with the Sales Agreement.
- In the event of a complaint regarding a Product – digital content or service or a movable item serving solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller on or before 1 January 2023, if the delivery of such Product was to take place or took place after that date, the Seller's liability is governed by the provisions of the Consumer Rights Act in the wording applicable from 1 January 2023, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller's liability towards the Consumer in the event of a Product's non-conformity with the Sales Agreement.
8.2. In the event of mechanical damage occurring during delivery or in the event of another complaint being submitted to the Seller, the Buyer should send a written notification to Łączna 39, 41-303 Dąbrowa Górnicza, M. DĄBROWA GÓRNICZA commune, M. DĄBROWA GÓRNICZA district, Silesian Voivodeship, or by e-mail to info@milo.pl.
8.3. It is recommended that the complaint include: the defect that the Customer believes the Product has, and if possible, document the defect, the date the defect occurred, the requested method of bringing the Product into conformity with the contract or any other claim the Customer may have, and provide contact information. The above requirements are recommendations only; their absence does not affect the effectiveness of the complaint.
8.4. The Seller will respond to the notification within 14 days of receiving it.
8.5. The above provisions regarding Consumers also apply to Entrepreneurs with Consumer Rights.
8.6. Detailed information on the possibility for a Customer who is a Consumer to use extrajudicial methods of complaint handling and redress as well as the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection:
8.6.1. http://www.uokik.gov.pl/spory_konsumenckie.php;
8.6.2. http://www.uokik.gov.pl/sprawy_indywidualne.php;
8.6.3. http://www.uokik.gov.pl/wazne_adresy.php.
8.7. A Customer who is a Consumer has in particular (but not exclusively) the following exemplary options for using out-of-court complaint and claim settlement methods:
8.7.1. The Customer is entitled to refer a dispute arising from the concluded Sales Agreement to a permanent consumer arbitration court, referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended). The regulations for the organization and operation of permanent consumer arbitration courts are specified in the regulation of the Minister of Justice of 6 July 2017 on the regulations for the organization and operation of permanent consumer arbitration courts at the provincial inspectors of the Trade Inspection (Journal of Laws of 2017, item 1356).
8.7.2. The Customer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request for out-of-court resolution of the dispute between the Customer and the Seller. Information on the rules and procedures of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of the individual Provincial Inspectorates of the Trade Inspection.
8.7.3. [Important – The ability to submit complaints via the ODR platform expires on 20 March 2025, and the platform itself will be decommissioned on 20 July 2025.] A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/odr . The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or service contract (more information on the platform's website or on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html ).
§9 Rules for publishing opinions
9.1. The Seller allows the publication of reviews of its Products on the Online Store website. Reviews should be written in Polish, in accordance with the rules of correct Polish.
9.2. A Product Review may only be submitted for Products actually purchased in the Seller's Online Store and by the Customer who purchased the Product being reviewed. It is prohibited to enter into fictitious or sham Sales Agreements for the purpose of submitting a Product Review. A review of the Online Store may only be submitted by a person who is a Customer of the Online Store.
9.3. Customers who post reviews may not use them for any illegal activity, in particular for any activity constituting an act of unfair competition, or any activity that infringes personal rights, intellectual property rights, or other rights of the Seller or third parties. When posting a review, the Customer is obligated to act in accordance with the law, these Terms and Conditions, and good practice.
9.4. The Seller ensures that published Product reviews come from Customers who have purchased the Product. To this end, the Seller requires that reviews undergo verification before they are published. Verification involves checking the review's compliance with the Terms and Conditions, and most importantly, whether the reviewer is a Customer of the Online Store. In this case, the Seller verifies whether the reviewer has made a purchase in the Online Store (e.g., by checking whether the reviewer is listed in the Store's customer database). In the case of Product reviews, the Seller additionally verifies whether the reviewer has purchased the Product being reviewed. Verification occurs without undue delay.
9.5. In the event of any doubts or objections directed to the Seller by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer purchased a given Product, the Seller reserves the right to contact the author of the review to clarify and confirm that he or she is actually a Customer of the Online Store or has purchased the Product being reviewed.
9.6. Opinions are subjective statements of Customers and do not constitute the opinion of the Seller.
9.7. The Buyer/Customer is obligated to post opinions that do not violate applicable law or the rights of third parties. They are fully responsible for the comments they post in the Milo …of climbing Online Store.
9.8. The Seller does not post or commission any other person to post false Customer reviews or recommendations, and does not distort Customer reviews or recommendations in order to promote its Products. The Seller provides both positive and negative reviews. The Seller does not provide sponsored reviews.
§10 Personal data
10.1. The Seller is the controller of personal data.
10.2. The principles of personal data protection can be found in the Privacy Policy of the Milo …of climbing online store, available at www.milo.pl.
§11 ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE RULES
11.1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act as they apply to the
Online Store and the Service Provider. The Service Recipient is generally not obligated to provide content when using
the Online Store, unless the Terms and Conditions require the provision of specific data (e.g., data required for placing an Order).
The Service Recipient may be able to add an opinion or comment in the Online Store using tools
provided for this purpose by the Service Provider. Whenever the Service Recipient provides content, they are
obligated to comply with the rules contained in the Terms and Conditions.
11.2. CONTACT POINT – The Service Provider designates the email address info@milo.pl as a single point
of contact. The contact point enables direct communication between the Service Provider and the authorities of the Member States,
the European Commission, and the Digital Services Council, and simultaneously enables service recipients (including Service Recipients)
to communicate directly, quickly, and user-friendly with the Service Provider electronically, for the purposes of applying the
Digital Services Act. The Service Provider designates Polish and English for communication with its contact point.
11.3. Procedure for reporting Illegal Content and action pursuant to Article 16 of the Digital Services Act:
11.3.1. Any person or entity may report to the Service Provider
the presence of specific information that such person or entity considers to be Illegal Content to the email address sklep@nazwasklepu.pl.
11.3.2. The report should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates
submission of reports to the email address provided above containing all of the following: (1)
a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported
information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as
the exact URL(s), and, where applicable, additional information enabling
identification of the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and
email address of the reporting person or entity, except in the case of a report concerning information believed
to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement
confirming that the reporting person or entity has a good faith belief that the information and allegations
contained therein are accurate and complete
.A report referred to above shall be deemed to constitute actual knowledge or awareness for the purposes of
Article 6 of the Digital Services Act in relation to the information to which it relates if it enables the Service Provider, acting with
due diligence, to determine – without detailed legal analysis – the illegal nature of the activity or
information in question.
11.3.4. If the report contains electronic contact details of the person or entity that submitted the report, the Service Provider shall, without
undue delay, send such person or entity an acknowledgment of receipt of the report. The Service Provider
shall also, without undue delay, notify such person or entity of its decision with respect to the information to which
the report relates, including information on the possibility of appealing the decision.
11.3.5. The Service Provider shall consider all reports it receives under the mechanism referred to above and
shall make decisions with respect to the information to which the report relates in a timely, non-arbitrary, objective and
diligent manner. If the Service Provider
uses automated means for the purposes of such consideration or decision-making , it will include information on this subject in the notification referred to
in the previous point.
11.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, with
respect to information provided by Service Recipients:
11.4.1. The following rules apply to the Service Recipient in the case of providing any content within the
Online Store:
11.4.1.1. obligation to use the Online Store, including posting content (e.g. as opinions or comments),
in accordance with its intended purpose, these Terms and Conditions and in a manner consistent with the law and good practice, with
respect for the personal rights, copyrights and intellectual property of the Service Provider and third parties;
11.4.1.2. obligation to provide content that is factually accurate and in a manner that is not misleading;
11.4.1.3 . prohibition on providing illegal content, including the prohibition on providing Illegal Content;
11.4.1.4.
11.4.1.5. prohibition of sending unsolicited commercial information (spam) via the Online Store; 11.4.1.6. prohibition of providing content that violates generally accepted rules of netiquette, including vulgar or
offensive content;
11.4.1.7. obligation to have – if necessary – all required rights and permits to provide
such content on the Online Store's websites, in particular copyrights or required licenses, permits, and consents
for their use, dissemination, sharing, or publication, especially the right to publish and
disseminate in the Online Store and the right to use and disseminate the image or
personal data in the case of content that includes the image or personal data of third parties.
11.4.1.7. the obligation to use the Online Store in a manner that does not pose a threat to the security of
the Service Provider's IT system, the Online Store, or third parties.
11.4.2. The Service Provider reserves the right to moderate content provided by Service Users to the
Online Store's website. Moderation is carried out in good faith and with due diligence, and on the Service Provider's own initiative
or upon receipt of a report, in order to detect, identify, and remove Illegal Content or other content that violates
the Terms of Service, or to prevent access to it, or to take necessary measures to comply with European Union law
and national law consistent with European Union law, including the requirements of the
Digital Services Act, or the requirements of the Terms of Service.
11.4.3. The moderation process may be performed manually by a human or may rely on automated or partially
automated tools to help the Service Provider identify Illegal Content or other content
that violates the Terms of Service. After identifying such content, the Service Provider decides whether to
remove or disable access to the content, or otherwise limit its visibility, or takes other actions
it deems necessary (e.g., contacting the Service User to clarify any objections and amend the content). The Service Provider
will clearly and easily understandably inform the Service User who provided the content (if they have their
contact details) of its decision, the reasons for it, and the available appeal options.
11.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due
diligence, in an objective and proportionate manner, and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular the rights enshrined
in the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism, and other
fundamental rights and freedoms.
11.5.Any comments, complaints, appeals, or objections regarding decisions or other actions, or lack of action,
taken by the Service Provider based on a received notification or a decision by the Service Provider taken in accordance with
the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaints procedure specified in Section 8 of the Terms and Conditions. Using this procedure is free of charge and allows for the submission of complaints electronically to
the email address provided. Using the complaints procedure is without prejudice to
the right of the person or entity concerned to initiate court proceedings and does not violate their other rights.
11.6. The Service Provider will consider all comments, complaints, appeals, or objections regarding decisions or other actions,
or lack of action, taken by the Service Provider based on a received notification or decision in
a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other report contains sufficient reasons
for the Service Provider to consider that its decision not to take action in response to the report is unjustified, or that
the information complained of is not illegal and inconsistent with the Terms of Service, or contains information indicating that
the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, rescind or amend its decision to
remove or disable access to the content or otherwise limit its visibility, or
take other action it deems necessary.
11.7. Service Recipients, persons or entities who reported Illegal Content, and to whom
the Service Provider's decisions regarding Illegal Content or content inconsistent with the Terms of Service are addressed, have the right to choose any
out-of-court dispute resolution body certified by the Digital Services Coordinator of a Member State to
resolve disputes regarding these decisions, including in relation to complaints that have not been resolved through
the Service Provider's internal complaint handling system.
§12 Final provisions
12.1. The Seller reserves the right to make changes to these Terms and Conditions for important reasons. Any changes to the Terms and Conditions will take effect on the appropriate date indicated by the Seller, but no less than 7 days.
12.2. The amended Regulations are binding on the Buyer/Customer if the requirements specified in Articles 384 and 384 [1] of the Civil Code have been met, i.e. he/she has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification.
12.3. Pursuant to art. 8 section 3 item 2 letter b of the Act of 18 July 2002 on the provision of electronic services, the entity using the Online Store website is obliged not to post illegal content on this website.
12.4. In matters not regulated by these regulations, the relevant provisions of the Civil Code and the Act of 30 May 2014 on consumer rights shall apply.
12.5. These Regulations are available at www.milo.pl/regulamin.
12.6. Agreements with the seller are concluded in Polish.
12.7. The Regulations come into force on 18/07/2023.
