ONLINE STORE REGULATIONS
https://www.milkies.eu/

Article 1
Definitions

Whenever these regulations refer to the following terms:
1. Seller shall mean MILKIES LTD with its registered office at INTERNATIONAL HOUSE, 24 HOLBORN VIADUCT, LONDON, ENGLAND, EC1A 2BN, e-mail: [email protected]
2. Regulations shall mean these Store Regulations binding the Seller;
3. Complaint Regulations – it means the Complaint Regulations binding the Seller;
4. Consumer shall mean a natural person who performs legal transactions with the Seller that are not related directly to their business or professional activity,
5. Entrepreneurs shall mean a legal person or an organizational unit without legal personality to which the law grants legal capacity and a natural person who performs legal transactions with the Seller that are directly related to their business or professional activity,
6. Customer shall mean a Consumer or Entrepreneur,
7. Complaints shall mean the Customer’s request addressed to the Seller as a notification under the Guarantee.
8. Instructions shall mean guidelines attached to the order concerning the method of material transfer for the product preparation purposes.
9. Store shall mean an online store functioning at the www.milkies.eu website.

Article 2
General Provisions

1. These Regulations define the rules for purchase making at an online store functioning under the www.milkies.eu domain, and for providing services electronically in the scope of offering accounts referred to in Article 3 (2).
2. In order to use the Store the following are necessary: a device (eg a computer, tablet, smartphone) with access to the Internet, an Internet browser such as Internet Explorer 10 or higher, Google Chrome, Mozilla Firefox, Opera, Safari, an active e-mail account, enabled Javascript and acceptance of the use of cookies (required to place an order).
3. These Regulations are an integral part of the sales contract concluded by the Seller with the Customer.
4. The prices listed in the Store are gross prices.
5. The products available in the Store are made to individual order.

Article 3
Customer and customer account

1. Store customers may be persons who have the legal capacity to effectively make a particular purchase.
2. In order to access promotions and to simplify the ordering process, the Customer may create an Account by filling out an electronic form available in the Store, providing their e-mail address and password, first name, surname, address and mobile phone number.
3. After filling in the appropriate electronic form available in the Store, a message is sent to the e-mail address provided during registration, informing about subsequent stages of the Account creation service.
4. The creation and use of the Account by the Customer is free.
5. The Customer is not required to create an Account to make a purchase.
6. As a result of successful registration, the Customer obtains access to the Account created for them which can be used in the online Store after providing the registered e-mail address and password (logging in).
7. The contract for the provision of electronic services in the scope of Account maintenance is concluded between the Customer and the Seller when the Customer receives access to the Account created for them.
8. The Account contains Customer data provided by them in the registration form and the history of their orders. In the event of any changes to the data contained in the Account, the Customer is obliged to immediately update them using the appropriate form available in the online Store. The Customer is responsible for indicating incomplete, out-of-date or false data and for the necessity to update the data appropriately.
9. The Customer may not provide access to the Account to other persons, including disclosing the password to the Account. The Customer is obliged to keep the Account password secret and secure it against disclosure. The Customer is obliged to immediately inform the Seller via e-mail to the following address: [email protected] if the access data to the Account has been obtained by third parties, and explain the circumstances of the takeover.
10. If the Customer violates the Regulations, rules of law or good practice, the Seller may terminate the contract with the Customer or suspend its performance under a specific Account.
11. The Account is maintained for the Customer for an indefinite period. The Customer may at any time demand the cessation of Account maintenance via a statement made to the Seller by e-mail to the following address: [email protected] The Customer may also request to close the Account in a different way, provided their identity as an Account holder can be properly verified. Notwithstanding the foregoing, the Customer who has registered, but has not make purchases or has not use the services provided electronically by the Seller, may withdraw from the contract without providing reasons within 14 days from the date of registration.
12. The Store may refuse registration if the data provided during registration raises reasonable doubts as to their truth and reliability.

Article 4
Placing orders

1. A Customer who does not have a registered Account may place an order provided that the following data is provided during the purchase: name and address of the recipient and address for delivery – for the purpose of the contract of sales; e-mail address – to confirm the order; acceptance of the Regulations and consent to the processing of personal data for the purpose of contract performance.
2. A Customer who has a registered Account places an order using their Account.
3. After the order has been placed by the Customer, the Store confirms the order by sending an e-mail describing the subject of the order to the email address provided with the order. In the event of the Customer providing incomplete, erroneous or contradictory information when placing an order, the Store shall contact the Customer in order to remove errors.
4. If the subject of the order is a product requiring the Customer to send materials necessary to perform the order (milk, hair, etc.), the parcel should be sent to the following address: Milkies.eu, Wapienna 4A/2, 71-790 Szczecin, Poland.
5. The material referred to in paragraph 4 should be sent in the quantity and condition enabling the order to be carried out. The optimal quantity and condition that makes it possible to fulfill an order are understood as:
a) in the case of milk – 20 milliliters sent in a packaging in accordance with the instructions; orders for which the material sent has a volume of less than 5 milliliters will not be processed,
b) in the case of hair – not less than 60 individual hairs of not less than 1 centimeter in length and total width of not less than 5 millimeters; the hair should be clean and sent in a packaging in accordance with the instructions,
c) in the case of an umbilical cord – a fragment of not less than 1 cm in length, optimally of maroon coloration; we recommend keeping the remaining fragment of the umbilical cord at home due to the risk of the parcel getting lost,
d) in the case of other material – in the quantity indicated by the Seller in the order confirmation.
6. The Seller shall not be liable for the impossibility of fulfilling the order for reasons attributable to the Customer, including those resulting from sending the material in an amount that prevents the order from being processed.
7. The Customer is obliged to deliver the material referred to in paragraph 4 within 6 months from the date of order. In the case of the sample not being sent in the abovementioned period, the Seller is entitled to demand compensation for the damage caused by the delay, which will be effected by paying the amount corresponding to 10% of the order value (contractual penalty).
8. If the subject of the order is a product requiring the Customer to send the material necessary to perform the order (milk, hair, etc.), the order placed is considered complete upon delivery to the Seller of the material referred to in paragraph 4, and upon payment made to the Seller.
9. After delivering to the Seller the material referred to in paragraph 4, the Store confirms the delivery of the material by sending a message to the e-mail address provided during ordering.
10. If the payment is not made within the time specified in Article 5 (4) and the Order is cancelled, the material delivered to the Seller by the Customer is stored for a period of one month, during which the Customer may contact the Seller in order to restore the canceled order (without the possibility of changing the order). The ineffective expiration of one month entitles the Seller to destroy the material sent by the Customer.
11. The execution date of the contract is up to 10 weeks from the moment a complete order is placed.
12. At the time of placing the order, the Customer places an offer to conclude a sales contract for the ordered products. After the conclusion of the contract of sale, the Store confirms its terms to the Customer by sending them to the e-mail address of the Customer.
13. Information presented next to the product on the Store website at the time of the order placement is binding for the parties. The above applies in particular to: price, product characteristics, product qualities, elements included in the kit, date and method of delivery.
14. The information on the Store website does not constitute an offer as defined in the provisions of the Polish Civil Code.

Article 5
Payments

1. The customer has a choice of the following payment methods:
a) payment by bank transfer directly to the Seller’s bank account, or
b) PayPal.
2. The product price given in the product description includes taxes and all fees required by applicable law. The price does not include product delivery costs, the amount of which is indicated separately.
3. For the order to be executed, necessary conditions include payment for the product and delivery of material necessary to perform the contract.
4. In case of payment by bank transfer, the payment for the order should be made within 7 days from the date of order confirmation by the Store. No payment within this period will result in cancellation of the Order, and the lack of payment shall be understood as the Customer’s withdrawal from the sales contract.
5. Payments are considered made when the Seller’s bank account is credited.
6. After receiving the payment, the Store confirms its receipt by sending a confirmation message to the e-mail address provided during the order.
7. The Seller documents the payment by issuing an invoice. The Customer agrees to receive an electronic version of the issued invoice via e-mail, to the e-mail address they provide.

Article 6
Product delivery

1. The place of fulfillment of the sales contract by the Seller is the place where the order is picked up (or should be picked up according to the Customer’s instructions).
2. The Seller informs about delivery costs before the Customer places the order.
3. The Store sends ordered products via Polish state postal services (Poczta Polska) or courier service.
4. The delivery of the product takes place at the address indicated by the Customer located within the territory of the Republic of Poland, as well as outside of this territory if sending parcels with ordered products is not prohibited.
5. The Customer is obliged to check the condition of the product and packaging immediately after delivery of the parcel. In the event of any damage that may occur during the delivery, the Customer is obliged to prepare an appropriate report and notify the Seller immediately.
6. The Seller is not liable for non-delivery of the product for reasons attributable to the Customer (e.g. as a result of an incorrect or incomplete delivery address). In such a situation, the Seller will notify the Customer about an unsuccessful attempt to deliver the product.
7. If the product is not delivered to the Customer for the reasons set out in paragraph 6, the Seller notifies the Customer about it. If a correct address is provided by the Customer, the Seller resends the product, upon prior payment by the Customer of the equivalent of 10 euros, which is a contractual penalty to repair the damage caused by the Customer (the cost of repacking the product, preparing the parcel and re-shipping).
8. If the product is not delivered to the Customer within 14 days of being posted by the Seller, the Customer is obliged to inform the Seller who immediately places a complaint with the carrier. In the event of non-delivery of the product due to reasons attributable to the carrier, if the parcel is not found the Seller shall execute the order placed by the Customer again, without modifications to the originally placed order. The Seller shall inform the Customer about the details of the re-execution of the order by e-mail.

Article 7
Complaints

1. The Seller offers a warranty for the sold product in accordance with the terms set out below.
2. The Seller provides the Customer with a 6-month warranty for settings and pearls.
3. The Seller provides the Customer with a 30-day warranty for strings and straps.
4. The Seller is liable to the Consumer if the item has a physical or legal defect (under the warranty).
5. If the Buyer is an Entrepreneur, the Seller is excluded from liability under the warranty.
6. Detailed rules regarding the complaint procedure are set out in the Complaints Regulations which constitute an attachment to these Regulations.
7. Submitting a statement about accepting the Regulations is tantamount to accepting the Complaint Regulations.

Article 8
The right to withdraw from the contract

The Customer is not entitled to withdraw from the contract due to the fact that the subject of contractual obligations is an item created according to the customer’s specification or serving to satisfy their individual needs (Article 38(3) of the Act on Consumer Rights of 30 May 2014).

Article 9
Intellectual property

It is forbidden to use any materials published on the Store website (including photos and descriptions of products) without the Store’s consent expressed in writing, under pain of nullity.

Article 10
Personal data protection

1. The Seller is the controller of personal data of Customers and persons indicated by Customers.
2. The Seller processes Clients’ personal data pursuant to a contract for the provision of electronic services concluded in connection with the use of the functionalities of the https://www.milkies.pl/ website, maintenance of the Customer’s Account and order processing (Article 6(1) (b) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR.
3. The Seller may use the Customers’ personal data for marketing purposes consisting in the promotion of goods and services as well as products and services of the Seller’s business partners. The legal basis for the processing of personal data for marketing purposes is the legitimate interest of the administrator (Article 6 (1) (f) of the GDPR) resulting in marketing activities.
4. As part of marketing activities, the Seller may send messages containing information about new products or services to Customers. Sending the above information may take place only if the Customers have given separate consent for marketing communication which can be withdrawn at any time. Withdrawal of consent is possible through contact with the Seller or via a link provided in each e-mail containing marketing messages.
5. The Seller may use the collected personal data to create the so-called customer profiles based on, among others, their interests, purchase history and activities within the Platform. Based on the created profiles, the Seller may send more customized marketing messages informing Customers about goods and services.
6. In addition, in certain situations it is or may be necessary to process Customers’ personal data for purposes other than those indicated above, and necessary because of the Seller’s legitimate interests (Article 6(1)(f) of the GDPR), in particular:
a) for purposes related to monitoring and improving the quality of services provided,
b) for the needs of internal reporting in the Seller’s company.
c) In cases other than those indicated above, Customer’s personal data will be processed only on the basis of a prior consent, to the extent and purpose specified in the consent.
7. Customer’s failure to provide all required personal data may constitute an obstacle to the conclusion of the contract and the provision of services by the Seller to the Customer.
8. Providing personal data is voluntary within the scope of the consent preceding provision of the data.
9. In connection with the processing of personal data of clients for the purposes indicated in paragraphs 3-6, the Customers’ personal data may be made available to the following recipients or categories of recipients:
o entities that operate the online store run at https://www.milkies.eu/; the details of the current online store operator are always provided in the regulations;
o entities participating in the processes necessary to carry out orders placed as part of an online store run at https://www.milkies.eu/;
o public administration bodies and entities performing public tasks or acting on behalf of public administration bodies, to the extent and for the purposes that result from the provisions of law.
10. Customers’ personal data will be processed for the period necessary to provide electronic services, maintain the user’s account within https://www.milkies.eu and process the order.
11. After the expiration of the above period, Customers’ personal data may still be processed to the extent required by the law or for the Seller to pursue the legally legitimate interest of the controller in the scope specified in point 2 above, and in the case of consent by the Customer to the processing of data after termination or expiration of the contract – until such consent is withdrawn.
12. Profiling should be understood as any form of automated processing of personal data, which consists in using them to prepare and send personalized services/offers tailored to the Customer’s needs. Offers are developed based on the Customer’s activity as part of the services provided by the Seller.
13. The Seller ensures that all persons whose personal data are processed have the appropriate rights pursuant to the GDPR, i.e. the right to access personal data, including the right to obtain their copy.
14. The Customer is entitled to submit a request to exercise the rights referred to in paragraph 13 by filling in the form available on https://www.milkies.eu/personal-data-access-request/, according to the available instruction.
15. To the extent that the Customer consented to the processing of personal data, the Customer has the right to withdraw this consent at any time. Withdrawal of consent does not affect the lawfulness of the processing of data which was performed on the basis of the consent before its withdrawal.
16. In the event that the Seller’s processing of Customer’s personal data violates the provisions of the GDPR, the Customer has the right to lodge a complaint with the supervisory body, i.e. the President of the Office for Personal Data Protection.

Article 11
Final provisions

1. The Regulations come into force on the day of publication on the Store website.
2. These Regulations may be changed.
3. Amendments to the Regulations will be announced on the Store website.
4. Amendments to the Regulations come into force from the day they are announced by the Seller. Customers who have placed an order before the amendments to the Regulations enter into force shall be bound by previous Regulations.
5. In matters not covered by the provisions of these Regulations, Polish law shall be applicable.