Regulations

§1 General Provisions

1.1. This regulation governs the rules for using the online store conducted at the address www.milo.pl.

1.2. The online store, operating at the address www.milo.pl (hereinafter referred to as “Milo …of climbing”), is run by Milo-Sport M. and E. Kwaśniewscy s.j., registered in the National Court Register kept by the District Court Katowice-East in Katowice, 8th Economic Division of the National Court Register under the number[nr wpisu 0000101572], Tax Identification Number (NIP): 6260015355, National Business Registry Number (REGON): 271946804. (referred to hereinafter as “Milo …of climbing”).

1.3. Contact details of the entrepreneur enabling the Buyer to get in touch with the Seller:

Postal address: Milo-Sport M. and E. Kwaśniewscy s.j Łączna 39 41-303 Dąbrowa Górnicza;

2) Phone number: tel.: +48 32 264 11 34;

3) Email address: info@milo.pl.

1.4. The regulations of the Milo …of climbing online store are continuously available on the website www.milo.pl/regulamin in a manner that allows customers to access, reproduce, and record its content. The regulations are also provided to customers before the conclusion of a contract.

§2 Definitions

The terms used in this regulation mean:

2.1. Consumer – a natural person as defined in Article 221 of the Civil Code,

2.2. Entrepreneur as a consumer – a natural person who enters into an agreement directly related to their economic activity when the content of this agreement indicates that it does not have a professional character for this person, particularly arising from the subject of their economic activity, as made available under the provisions of the Central Register and Information on Economic Activity.

2.3. Entrepreneur – means a natural person, legal person, or an organizational unit not being a legal person, to which the law grants legal capacity, conducting economic or professional activity on its own behalf and performing a legal act directly related to its economic or professional activity.

2.4. Service Provider/Seller – Milo-Sport M. and E. Kwaśniewscy s.j., registered in the National Court Register kept by the District Court Service Provider/Seller – Milo-Sport M. and E. Kwaśniewscy s.j., registered in the National Court Register kept by the District Court Katowice-East in Katowice, 8th Economic Division of the National Court Register under the number [registration number 0000101572], Tax Identification Number (NIP): 6260015355, National Business Registry Number (REGON): 271946804, with its registered office at the address:

Łączna 39, 41-303 Dąbrowa Górnicza, Municipality of Dąbrowa Górnicza, District of Dąbrowa Górnicza, Silesian Voivodeship.

2.5. Online Store – an online store operated at the address www.milo.pl by Milo-Sport M. and E. Kwaśniewscy s.j.

2.6. Civil Code – the Act of April 23, 1964. (Journal of Laws of 2020, No. 1740).

2.7. Product – available in the Online Store: (1) a movable item (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 digital service would prevent its proper functioning), (2) digital content, or (3) service (including a digital service and other than digital service) that is the subject of a Sales Agreement between the Customer and the Seller.

2.8. Regulations – this regulation concerning the provision of electronic services as defined in Article 8 of the Act on the Provision of Electronic Services dated July 18, 2002. (Journal of Laws of 2020, No. 344).

2.9. Customer/Buyer – a natural person, legal person, or an organizational unit not being a legal person, to which specific regulations grant legal capacity, who places or intends to place an Order within the Online Store using electronic means, including Consumer, Entrepreneur as a consumer, and Entrepreneur.

2.10. Order – a declaration of the Customer’s will, in which the Customer accepts the sales offer of the Seller, which includes, in particular, the price, type, and quantity of Products within the scope of the Sales Agreement through the Online Store.

2.11. Sales Agreement – a product sales agreement concluded or to be concluded between the Customer and the Seller through the Online Store. The Sales Agreement also includes, respectively, the agreement for the supply of digital content or digital services (in the case of Products consisting of digital content or digital services) and the agreement for the provision of services (in the case of a Product that is a service other than a digital service).

2.12. Consumer Rights Act – the Act of May 30, 2014. Consumer Rights Act – the Act of May 30, 2014 (Journal of Laws of 2020, No. 287).

§ 3 Rules of using the online store

3.1. The prices of all Products in the Online Store are gross prices (including VAT) and are expressed in Polish zlotys. Exceptions from the Polish currency rule are clearly indicated next to the Product price.

3.2. The Seller uses discount codes in the Milo …of climbing Online Store, which entitle the holder to purchase Products at a discounted rate specified on the coupon. Discount codes are not exchangeable for cash.

3.3. To place an order in the Milo …of climbing online store, the acceptance of this Regulations is necessary.

3.4. To successfully place an order in the Milo …of climbing online store, it is necessary to have a device with internet access for browsing web pages, as well as a keyboard or other device that enables the correct completion of electronic forms. It is recommended to use the latest versions of internet browsers such as Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, and so on.

3.5. The website of the Online Store utilizes Responsive Web Design (RWD) technology, which adapts the content of the page to the device on which it is displayed. The Store’s website is prepared to be displayed on both desktop computers and mobile devices.

3.6. The Milo …of climbing Online Store’s website has an SSL certificate – a secure protocol for encrypting communication.

§ 4 Terms and conditions of concluding a sales agreement

4.1. Orders in the Milo …of climbing online store can be placed by completing the relevant forms available on the store’s website.

4.2. During the process of placing an order, the Customer is obligated to provide accurate personal information, including their first and last name, residential address, email address, and mobile phone number.

4.3. Upon receiving an order, the Seller confirms its reception and simultaneously informs about the acceptance of the order for processing. The order confirmation is carried out by the Seller through sending an appropriate email message to the Customer’s address provided in the order form. From the moment the Seller confirms the acceptance of the order for processing, the agreement is considered concluded.

4.4. The provision and recording of the content of the sales agreement occurs through making this Regulations available on the Online Store’s website and sending relevant information to the Customer’s email address provided when placing the order, as mentioned 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, there is an option to make payment in one of the following ways:

– Order now and pay within 30 days with Twisto:

• the fastest payment method on mobile devices
• the option of deferred payment – up to 30 days without any fees ,
• available without registration for customers of all banks.

– BLIK:

• the payment method most quickly gaining new users
• easy two-step payment – just enter the code from your bank’s application, and then confirm the transaction on your phone.

– Fast transfers:

• fast, fully automated transfers from accounts in the most popular banks in Poland,
• without manually entering the amount and recipient details – and without errors.

– Card payment:

• secure payments with VISA and Mastercard debit and credit cards.

5.2. After placing an order, the Customer receives the bank account number via email to which the correct amount should be transferred. Upon the payment being credited to the bank account of the Milo …of climbing store, the order is transferred for processing.

5.3. The Milo …of climbing online store enables payments to be made using the installment system as well as the Comperia + Siemens SimplyLeasy leasing system. Detailed information about the entities providing the aforementioned service is available on the website www.milo.pl.

5.4. The Milo …of climbing online store enables payment to be made through the following external electronic payment services, such as:

• imoje.pl (enabling payment within 30 days with Twisto, BLIK payment, fast transfers, and card payment)

5.5. The Customer is obligated to make the payment using one of the aforementioned methods within 7 calendar days from the day of concluding the sales agreement.

5.6. In the case of choosing cash on delivery payment (if available), the Customer is obligated to make the payment upon receiving the shipment. Please note that the cash on delivery payment option may be available only in specific cases, and its availability may be subject to the conditions of the particular order.

§6 Delivery

6.1. The ordered Products are delivered exclusively within the territory of the Republic of Poland and are carried out to the address indicated by the Customer in the order form.

6.2. The delivery time for Products ordered from the Milo …of climbing online store is typically 48 hours. The Seller will make every effort to ensure that the delivery of the Product takes place within the time specified on the product card in the online store. In case it is not possible to deliver the Product within the aforementioned time, the Buyer will be promptly informed about it.

6.3. The delivery of the ordered Products is carried out through selected courier companies and logistic operators, such as:

InPost Parcel Locker

InPost Courier

DPD (delivery to the door or to a pickup point)

• DPD to door/pickup point
• DPD Courier

Please note that the delivery costs will be displayed during the order placement process, taking into account the chosen delivery method and destination.

6.4. At the moment of handing over the Product to the courier company, the Buyer is notified of this fact by sending an email message to the address provided in the order.

6.5. Currently, we do not offer the option of personal pickup of ordered Products at the company’s premises. All orders are delivered through selected courier companies and logistic operators.

6.6. The costs of delivering the Product, which are in addition to the product price and are borne by the Customer, are provided on the website of the Store when placing an Order.

6.7. The cost of delivering the Product in the case of choosing cash on delivery payment is fully covered by the Customer.

6.8. At the moment of receiving the Product, the Customer is obligated to confirm its receipt. From that point on, the Product becomes the property of the Customer.

6.9. In the case where the subject of the Sales Agreement is a Product consisting of digital content or a digital service, access to the Product is provided immediately after the payment is credited, for example, by providing access to the digital content or service in the Customer’s Account in the Online Store or by sending a unique link (URL) allowing access to the provided digital content or service to the email address provided by the Customer during the order placement.

6.10. The use of Products – digital content and services available in the Online Store – is possible for the duration specified in the agreement, under the licensing terms applicable to the specific Product as indicated in its description, and in the absence of such terms – in a manner and to the extent necessary for using the Product in accordance with its purpose and subject, solely for the Customer’s own personal use. Unless the individual licensing terms of the Product state otherwise, the Customer, based on the Sales Agreement, is not entitled to any copyrights to the Product – digital content and services, and particularly does not have the right to distribute or trade them in any form.

§7 Withdrawal from the agreement

7.1. A consumer who has entered into a distance contract may, within a period of 14 calendar days, withdraw from it 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 statement of withdrawal from the agreement. The statement can be sent by mail to the address: Łączna 39, 41-303 Dąbrowa Górnicza, gmina M. DĄBROWA GÓRNICZA, powiat M. DĄBROWA GÓRNICZA, Silesian Voivodeship , or electronically to the Seller’s email address info@milo.pl. The consumer may use, for this purpose, the withdrawal form provided by the Seller or the template attached as Annex 2 to the Consumer Rights Act, although this is not mandatory. To meet the deadline for withdrawing from the agreement, it is sufficient to send the declaration before its expiration. A declaration of withdrawal submitted after the deadline specified in §7 point 7.1, does not have legal effects.

7.3. The withdrawal declaration form (Attachment No. 1 to this Regulations) is provided to the Buyer in paper form (in the documentation included with the shipment) and in electronic form (as an attachment to the electronic correspondence confirming the acceptance of the order for processing).

7.4. The running of the deadline for withdrawal from the agreement commences:

• for an agreement in which the Seller delivers a Product and is obligated to transfer its ownership (e.g. a movable item) – from the moment the Consumer or a third party designated by them, other than the carrier, takes possession of the Product; and in the case of an agreement that: (1) includes multiple Products that are delivered separately, in batches, or in parts – from the moment the Consumer takes possession of the last Product, batch, or part; or (2) involves regular delivery of Products for a specified period – from the moment the Consumer takes possession of the first of the Products.
• for other agreements (e.g., Products consisting of digital content or digital services) – from the day of entering into the agreement.

7.5. The consumer bears the direct costs of returning the Product. The consumer is obliged to properly secure the returned Product to prevent its damage during transportation.

7.6. The consumer is obligated to return the Product promptly, but no later than within 14 days from the date on which they withdrew from the agreement. The seller may stipulate that in the event of withdrawal from the agreement, the Product subject to return will be collected by them or a person authorized by them. The return of the Product should be sent to the address: Łączna 39, 41-303 Dąbrowa Górnicza, gmina M. DĄBROWA GÓRNICZA, powiat M. DĄBROWA GÓRNICZA, województwo śląskie.

7.7. The consumer is responsible for any decrease in the value of the Product resulting from its use beyond what is necessary to ascertain the nature, characteristics, and functioning of the Product.

7.8. In the case of withdrawal from the agreement, all payments made by the consumer, including the costs of delivering the Product (except for additional costs resulting from the consumer’s choice of a delivery method other than the cheapest standard method available in the Online Store), shall be reimbursed by the Seller promptly, no later than 14 days from the date on which the Seller receives the consumer’s statement of withdrawal from the agreement. The refund of payments will be made using the same payment method that the consumer used. The Seller, in agreement with the consumer, may establish an alternative method of refund that does not entail any additional costs for the consumer. If the Seller has not reserved the right to collect the Product personally from the consumer, the Seller may withhold the refund until the Product is received back or until the consumer provides proof of sending it back, whichever occurs earlier.

7.9. In the case of a Product that is a service, if the provision of the service has commenced at the consumer’s explicit request before the expiration of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request shall be obliged to pay for the services provided up to the time of withdrawal from the contract. The amount of payment is calculated proportionally to the scope of the performed service, taking into account the agreed price or remuneration in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performed service.

7.10. In the case of a digital content or digital service Product, the following additional rules apply – in other respects not regulated below, the remaining provisions of paragraph 7 shall apply. of the Regulations apply:

• In the event of withdrawal from a contract for the supply of digital content or digital services, from the day of receiving the Consumer’s declaration of withdrawal from the contract, the Seller may not use any content other than personal data provided or generated by the Consumer while using the digital content or digital service provided by the Seller, except for content that: (1) is useful solely in connection with the digital content or digital service that was the subject of the contract; (2) relates solely to the Consumer’s activities while 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 them or can only be separated with disproportionate effort; (4) has been generated by the Consumer collectively with other Consumers who can continue to use them. Except for the cases mentioned above in points (1)–(3), at the Consumer’s request, the Seller provides them with content other than personal data that has been provided or generated by the Consumer while using the digital content or digital service provided by the Seller. In the event of withdrawal from the agreement, the Seller may prevent the Consumer from further using digital content or digital services, in particular by denying the Consumer access to digital content or digital services or by blocking their account in the Store. This does not affect the Consumer’s rights as mentioned in the preceding sentence. The Consumer has the right to obtain digital content from the Seller free of charge, without any hindrance from the Seller, in a reasonable time and in a commonly used machine-readable format.
• In the event of withdrawal from the agreement for the supply of digital content or digital services, the Consumer is obliged to cease using such digital content or digital services and refrain from sharing them with third parties.

7.11. The right of withdrawal does not apply to contracts covered by Article. The right of withdrawal does not apply to contracts covered by Article 38 of the Consumer Rights Act, especially in the cases of contracts: (1) for the provision of services, for which the Consumer is obliged to pay a price, if the Seller has fully performed the service with the clear and prior consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, they will lose the right to withdraw from the contract, and they acknowledged this; (2) in which the subject of the provision is a non-prefabricated product, produced according to the Consumer’s specifications or serving to satisfy their individualized needs; (4) in which the subject of the provision is a product liable to rapid deterioration or having a short shelf-life; (5) in which the subject of the provision is a product delivered in a sealed package, which, once opened, cannot be returned due to health protection or hygienic reasons, if the packaging has been opened after delivery; (6) for the delivery of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay a price, if the Seller has begun the provision with the clear and prior consent of the Consumer, who was informed before the commencement of the provision that after the performance of the service by the Seller, they will lose the right to withdraw from the contract, and they acknowledged this, and the Seller provided the Consumer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act.

7.12. provisions of this paragraph 7. of the Regulations concerning Consumers also apply to Entrepreneurs under Consumer Rights.

§8 Complaints

8.1. The basis and scope of the Seller’s liability towards the Customer are determined by the generally applicable legal provisions and the following provisions of the Regulations. Below are additional pieces of information concerning the liability of the Seller for the conformity of the Product with the Sales Agreement as required by law:

• In the case of a complaint regarding a movable item purchased by the Customer under a Sales Agreement concluded with the Seller until December 31, 2022, the Seller’s liability is governed by the provisions of the Civil Code in force until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions specify, among other things, the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty). According to Article 558 § 1 of the Civil Code, the Seller’s liability for warranty for a Product purchased in accordance with the preceding sentence, with respect to a Customer who is not a Consumer, is excluded.
• In the case of a complaint regarding a movable item (including a movable item with digital elements), excluding, however, a movable item that serves exclusively as a carrier of digital content, purchased by the Customer under a Sales Agreement concluded with the Seller from January 1, 2023, the Seller’s liability is governed by the provisions of the Consumer Rights Act in force from January 1, 2023, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions specify, among other things, the basis and scope of the Seller’s liability towards the Consumer in the event of a lack of conformity of the Product with the Sales Agreement.
• In the case of a complaint regarding a digital content or service Product, or a movable item that serves exclusively as a carrier of digital content, purchased by the Customer under a Sales Agreement concluded with the Seller from January 1, 2023, or before that date if the provision of such Product was to take place or has taken place after that date, the Seller’s liability is governed by the provisions of the Consumer Rights Act in force from January 1, 2023, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions specify, among other things, the basis and scope of the Seller’s liability towards the Consumer in the event of a lack of conformity of the Product with the Sales Agreement.

8.2. In case of identifying mechanical damages that occurred during delivery or in the event of lodging any other complaint with the Seller, the Buyer should submit a written report to the address: Łączna 39, 41-303 Dąbrowa Górnicza, municipality of M. DĄBROWA GÓRNICZA, county of M. DĄBROWA GÓRNICZA, Silesian Voivodeship, Poland. or via email to the address: info@milo.pl.

8.3. In the complaint, it is recommended to indicate: the defect that the Product allegedly has according to the Client’s opinion, and if possible – to document the said defect, the date of occurrence of the defect, the request for a method to bring the Product into conformity with the contract or other claim of the Client, and provide contact information. The above requirements are recommendations; their absence does not affect the effectiveness of the complaint.

8.4. The Seller shall respond to the notification within 14 days of receiving the complaint.

8.5. The above provisions regarding Consumers also apply to Entrepreneurs with Consumer Rights.

8.6. Detailed information regarding the possibility for a Customer who is a Consumer to use out-of-court dispute resolution methods and claims enforcement procedures, as well as the principles of access to these procedures, is available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Trade Inspection Inspectorates, and at the following internet addresses 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 the following exemplary options for using out-of-court methods of complaint resolution and claims enforcement (but not exclusively):

8.7.1. The customer is entitled to apply to a permanent consumer arbitration court, as mentioned in Article 37 of the Act of December 15, 2000. to the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request to resolve the dispute arising from the concluded Sales Agreement. The regulations concerning the organization and functioning of permanent consumer arbitration courts are determined by the regulation of the Minister of Justice dated July 6, 2017. regarding the determination of the regulations for the organization and functioning of permanent consumer arbitration courts at regional branches of the Trade Inspection Authority. (Journal of Laws of 2017, item 1356).

8.7.2. The Customer has the right to address the Provincial Inspector of the Trade Inspection Authority in accordance with Article 36 of the Act of December 15, 2000 on Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request for an out-of-court settlement of a dispute between the Customer and the Seller. Information regarding the rules and procedure of mediation conducted by the regional Trade Inspectorate is available at the headquarters and on the websites of individual Regional Trade Inspectorates.

8.7.3. The Customer can file a complaint via the Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/. The ODR platform also serves as a source of information regarding alternative dispute resolution methods that may arise between businesses and consumers.

§9 Guidelines for Publishing Reviews

9.1. The seller allows the publication of reviews about their products on the online store’s website. The review should be written in Polish, adhering to the rules of proper Polish language.

9.2. A review about a Product can only be submitted for actually purchased Products from the Seller’s Online Store, and by a Customer who has purchased the reviewed Product. It is prohibited to enter into fictitious or apparent Sales Agreements for the purpose of submitting a review about the Product. A review about the Online Store can be submitted by a person who is a customer of the Online Store.

9.3. Adding reviews by customers must not be used for unlawful activities, especially for actions that constitute unfair competition, or actions that violate personal rights, intellectual property rights, or other rights of the Seller or third parties. By submitting a review, the customer is required to act in accordance with the law, this Regulation, and good practices.

9.4. The Seller ensures that the published reviews about Products come from its customers who have purchased the respective Product. For this purpose, the Seller requires that the review undergoes its verification before being published. The verification process involves checking the conformity of the review’s content with the Regulations, and most importantly, whether the reviewing person is a Customer of the Online Store. In this case, the Seller checks whether this person has made a purchase in the Online Store (for instance, by verifying if the review author is present in the Store’s Customer database). Additionally, in the case of product reviews, the Seller also verifies if the reviewing person has purchased the reviewed Product. The verification takes place without undue delay.

9.5. In case of doubts or reservations expressed by other Customers or third parties, whether a particular opinion comes from a Customer or whether a specific Customer purchased a particular Product, the Seller reserves the right to contact the author of the opinion to clarify and confirm that they are indeed a Customer of the Online Store or have purchased the reviewed Product.

9.6. Opinions are subjective statements made by Customers and do not represent the views of the Seller.

9.7. The Buyer/Customer is obligated to post reviews that do not violate the applicable legal regulations or the rights of third parties. They bear full responsibility for the statements posted by them on the Milo …of climbing Internet Store.

9.8. The Seller does not post or commission any false reviews or recommendations from customers, nor distorts the opinions or recommendations of customers to promote their Products. The Seller provides both positive and negative reviews. The Seller does not provide sponsored reviews.

§10 Personal Data

10.1. The controller of personal data is the Seller.

10.2. The rules for personal data protection are outlined in the Privacy Policy of the online store Milo …of climbing, available on the website www.milo.pl.

§11 Final Provisions

11.1. The Seller reserves the right to make changes to this Regulations for valid reasons. Any changes to the Regulations come into effect at the appropriate time indicated by the Seller, but no sooner than 7 days.

11.2. The amended Regulations are binding on the Buyer/Customer if the requirements specified in Article 384 oraz 384 [1] Kodeksu cywilnego, to jest został on prawidłowo powiadomiony o zmianach i nie wypowiedział umowy w terminie 14 dni kalendarzowych od dnia powiadomienia.

11.3. According to Article 8 3, point 2, letter b of the Act of July 18, 2002 on the provision of electronic services, entities utilizing the website of the Online Store are obligated to refrain from posting unlawful content on this site.

11.4. In matters not regulated by these Regulations, the relevant provisions of the Civil Code and the Act of May 30, 2014 – on consumer rights shall apply.

11.5. This Regulations are available at the internet address: www.milo.pl/en/regulations.

11.6. Contracts with the seller are concluded in Polish.

11.7. The Regulations come into force on July 18, 2023.