Mimizu Furniture Online Store Terms and Conditions

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§ 1. General Provisions and Seller Details

1.1. The Mimizu Furniture online store, available at https://www.mimizufurniture.com, is operated by Brzozowski ABP spółka z ograniczoną odpowiedzialnością, a Polish limited liability company with its registered office in Katowice, at ul. Świętego Jana 11/4, 40-012 Katowice, Poland, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000759265, maintained by the District Court Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register, Tax Identification Number (NIP): 9542799257, National Business Registry Number (REGON): 381875720, with a share capital of PLN 10,000.00, hereinafter referred to as the “Seller”.

1.2. The Seller may be contacted:

• by email: info@mimizufurniture.com;

• by telephone: +48 696 356 360;

• by post: Brzozowski ABP sp. z o.o., ul. Świętego Jana 11/4, 40-012 Katowice, Poland.

1.3. These Terms and Conditions govern the use of the Store, the placement of Orders, the conclusion of sales contracts, payments, delivery of Products, withdrawal from contracts, and the submission and handling of complaints.

1.4. The Store sells to both consumers and business customers.

1.5. These Terms and Conditions are made available free of charge before a contract is concluded, in a form that allows them to be saved, reproduced and printed.

§ 2. Definitions

2.1. Customer — a natural person, legal person or organisational entity with legal capacity that uses the Store or enters into a contract with the Seller.

2.2. Consumer — a natural person entering into a legal transaction with the Seller for purposes not directly related to that person’s business or professional activity.

2.3. Business Customer with Consumer Rights — a natural person entering into a contract directly related to their business activity where the content of the contract indicates that it is not of a professional nature for that person, as assessed in particular by reference to the scope of their business activity recorded in the Polish business register, CEIDG.

2.4. Product — movable goods offered in the Store, including, in particular, furniture, garden or terrace furnishings, and accessories.

2.5. Order — a declaration made by the Customer with the intention of entering into a sales contract, specifying, in particular, the Products, their quantities and selected variants.

2.6. Business Days — Monday to Friday, excluding public holidays in Poland.

§ 3. Product Information, Orders and Conclusion of the Contract

3.1. The Products offered in the Store are new. Their features, dimensions, materials, available variants and other relevant information are presented in the Product descriptions.

3.2. Information displayed in the Store constitutes an invitation to enter into a contract. By placing an Order, the Customer makes an offer to purchase the specified Products on the terms presented during the ordering process.

3.3. Orders may be placed at any time, except during necessary periods of technical maintenance or interruption.

3.4. To place an Order, the Customer selects a Product and its variant, adds it to the shopping cart, provides the information necessary to process the Order, selects an available delivery and payment method, and reads and accepts these Terms and Conditions.

3.5. Before placing an Order, the Customer is informed of the main characteristics of the Product, the total price including taxes, delivery costs and any additional charges, and the delivery timeframe.

3.6. The Order is placed by clicking a button labelled “Order with an obligation to pay” or another unambiguous wording indicating an obligation to pay.

3.7. The Seller sends an acknowledgement of receipt of the Order to the Customer’s email address. An acknowledgement of receipt does not, by itself, constitute acceptance of the Order, unless the message also expressly confirms that the Order has been accepted for fulfilment.

3.8. The sales contract is concluded when the Customer receives an email confirming that the Order has been accepted for fulfilment. The Seller sends this confirmation no later than 2 Business Days after receiving the Order. If the Order is not accepted within this period, the Customer’s offer expires and any payments already collected are refunded without undue delay.

3.9. Confirmation of the contract, its terms, these Terms and Conditions, and the model withdrawal form are provided to the Customer on a durable medium, in particular in the body of an email or as an attachment.

3.10. Any change to the agreed Product, price or other essential terms of the Order requires agreement with the Customer. The Customer’s failure to respond to a proposed change does not constitute acceptance of that change.

§ 4. Products Made to Individual Specifications

4.1. The Seller may fulfil Orders for Products made to the Customer’s individual specifications, including, in particular, non-standard dimensions, designs, structures or finishes.

4.2. Before the contract is concluded, the parties agree on the Product specifications, price, payment terms, scope of delivery, and manufacturing and delivery timeframe. These arrangements are recorded and provided to the Customer, in particular by email.

4.3. The Customer should check the specifications provided before accepting them. Acceptance of the specifications does not exclude the Seller’s liability for the Product’s conformity with the contract.

4.4. Any change to individual specifications after the contract has been concluded requires agreement by both parties, including agreement on any resulting changes to the price and delivery timeframe.

4.5. The rules concerning the exclusion of the right of withdrawal for genuinely personalised Products are set out in § 8 of these Terms and Conditions.

§ 5. Prices and Payments

5.1. Product prices are stated in Polish zloty — PLN — and are gross prices, including applicable VAT.

5.2. Delivery costs and charges for additional services, where applicable, are presented before the Order is placed. Additional payments require the Customer’s express consent.

5.3. The Store offers the following payment methods, to the extent made available during the ordering process:

• bank transfer;

• electronic payments through PayU or PayPal;

• credit or debit card.

5.4. If payment by bank transfer is selected, the Customer should make payment within 5 Business Days of the conclusion of the contract, unless the parties agreed on a different payment deadline before entering into the contract.

5.5. Electronic payment may be made directly when placing the Order. If the Order is not accepted, the Seller refunds the funds received without undue delay.

5.6. Processing of the Order begins once payment has been received, unless the parties have previously agreed on a different payment arrangement, including an advance payment. The amount of any advance payment and the deadline for paying the outstanding balance must be agreed before the contract is concluded.

5.7. If the Customer is in default in payment, the Seller may request payment and set an appropriate additional deadline of no less than 5 Business Days from the Customer’s receipt of the request, stating that the Seller may terminate the contract if payment is not made within that additional period.

5.8. If the additional deadline expires without payment, the Seller may give notice of termination of the contract in accordance with applicable law.

§ 6. Order Fulfilment and Delivery

6.1. Delivery is available within Poland and to selected European Union countries. The availability and terms of delivery to a particular country are presented before the Order is placed.

6.2. Delivery costs depend, in particular, on the delivery destination, the dimensions of the Product and the selected transport method. The total delivery cost is shown in the Order summary.

6.3. Unless otherwise agreed before the contract is concluded, the total delivery timeframe is 3 to 6 weeks, calculated from the conclusion of the contract or receipt of the required payment, whichever occurs later. This timeframe includes preparation or manufacture of the Product and its transportation.

6.4. If a different delivery timeframe applies to a particular Product, the Seller informs the Customer before the Order is placed and includes that timeframe in the contract confirmation.

6.5. The scope of delivery, including any carrying of the Product into the premises, unpacking or assembly, depends on the selected delivery option or individual arrangements made before the contract is concluded.

6.6. If a delay is anticipated, the Seller informs the Customer of its cause and the proposed delivery date. Such information does not unilaterally amend the contractual delivery deadline or restrict the Customer’s statutory rights.

6.7. Customers are advised to inspect the shipment upon receipt. If the packaging or Product is damaged, preparing a damage report, taking photographs and contacting the Seller as soon as reasonably possible may assist in resolving the matter.

6.8. The absence of a damage report or photographs, or failure to report damage within 48 hours, does not result in the loss of the Consumer’s statutory rights, including the right to submit a complaint.

6.9. Where delivery is arranged by the Seller, the risk of accidental damage to or loss of the Product passes to the Consumer when the Product is delivered to the Consumer or a person designated by them. The statutory exception concerning a carrier independently selected by the Consumer and not offered by the Seller is governed by applicable law.

§ 7. Right of Withdrawal

7.1. A Consumer or Business Customer with Consumer Rights may withdraw from a distance sales contract without giving any reason within 14 days, subject to the exceptions set out in § 8.

7.2. The withdrawal period begins when the Customer, or a third party designated by the Customer other than the carrier, takes possession of the Product. If a single contract covers several Products delivered separately, in batches or in parts, the period begins upon receipt of the last Product, batch or part.

7.3. To exercise the right of withdrawal, the Customer must inform the Seller by an unequivocal statement. The statement may be sent:

• by email to info@mimizufurniture.com;

• by post to Brzozowski ABP sp. z o.o., ul. Świętego Jana 11/4, 40-012 Katowice, Poland.

7.4. The Customer may use the model withdrawal form included at the end of these Terms and Conditions, but this is not obligatory. The withdrawal deadline is met if the statement is sent before the withdrawal period expires. Withdrawal does not require the Seller’s approval.

7.5. The Seller acknowledges receipt of a withdrawal statement submitted electronically without undue delay.

7.6. The Product must be returned without undue delay and no later than 14 days after withdrawal from the contract, unless the Seller has offered to collect it. The return deadline is met if the Product is dispatched before this period expires.

Return address: [INSERT: RECIPIENT’S NAME, STREET, BUILDING NUMBER, POSTCODE, CITY AND COUNTRY].

7.7. The Customer bears the direct costs of returning the Product, unless the Seller has agreed to bear those costs or has failed to provide the required information about the Customer’s obligation to bear them.

7.8. For Products which, due to their nature or dimensions, cannot normally be returned by post, information about the return cost is provided before the Order is placed. If that cost cannot reasonably be calculated in advance, the Seller provides an appropriate estimate of the maximum return cost for the Product and delivery location concerned.

7.9. The Seller refunds payments received without undue delay and no later than 14 days after receiving the withdrawal statement. The refund also includes the original delivery cost, up to the cost of the least expensive standard delivery method offered for the Order concerned.

7.10. Unless the Seller has offered to collect the Product, the Seller may withhold the refund until the Product has been received or the Customer has supplied evidence of having dispatched it, whichever occurs first.

7.11. The refund is made using the same payment method used by the Customer, unless the Customer expressly agrees to another method that does not result in additional costs for the Customer.

7.12. The Customer is liable for any diminished value of the Product resulting from handling beyond what is necessary to establish its nature, characteristics and functioning, in accordance with the Polish Act on Consumer Rights.

7.13. Original packaging is not a condition for exercising the right of withdrawal. However, the Product must be adequately protected for return transportation.

§ 8. Exclusion of the Right of Withdrawal for Personalised Products

8.1. Under Article 38(1)(3) of the Polish Act on Consumer Rights, the right to withdraw without giving any reason does not apply to a non-prefabricated Product made to the Customer’s specifications or intended to meet the Customer’s individual needs.

8.2. This exclusion may apply, in particular, to furniture made to an individual design or non-standard dimensions, provided that the statutory conditions described above are met.

8.3. The mere fact that production begins after an Order is received, that a Product is described as “made to order”, or that a Customer selects a standard catalogue variant does not automatically establish that the right of withdrawal is excluded.

8.4. The Seller informs the Customer before the contract is concluded if the right of withdrawal is excluded for a particular Product.

8.5. Exclusion of the right to withdraw without giving any reason does not restrict the right to submit a complaint concerning a Product that does not conform to the contract.

§ 9. Complaints and Product Conformity

9.1. The Seller is required to deliver a Product that conforms to the contract. In relation to Consumers and Business Customers with Consumer Rights, the Seller is liable for any lack of conformity of the Product with the contract under the Polish Act on Consumer Rights.

9.2. This liability covers a lack of conformity existing at the time of delivery and becoming apparent within 2 years of delivery, unless a longer period of fitness for use has been specified for the Product. The statutory rules concerning the presumption that a lack of conformity existed at the time of delivery apply.

9.3. Complaints may be submitted, in particular:

• by email to info@mimizufurniture.com;

• in writing to Brzozowski ABP sp. z o.o., ul. Świętego Jana 11/4, 40-012 Katowice, Poland.

9.4. To assist in handling a complaint, the Customer is advised to provide contact details, information identifying the purchase, a description of the problem and the remedy requested. Photographs may assist in assessing the complaint but are not a condition for its acceptance. The purchase may also be demonstrated by evidence other than a receipt.

9.5. If the Product does not conform to the contract, the Customer may request repair or replacement. The Seller may propose the alternative remedy if the remedy selected by the Customer is impossible or would involve disproportionate costs. If both repair and replacement are impossible or would involve disproportionate costs, the Seller may refuse to bring the Product into conformity with the contract, subject to the statutory rules.

9.6. Repair or replacement is carried out within a reasonable time and without significant inconvenience to the Customer. The Seller bears the required costs, including, in particular, transportation, labour and materials, and collects the Product at its own expense. If the Product was installed before the lack of conformity became apparent, the Seller also provides any required removal and reinstallation or bears their costs in accordance with the Act.

9.7. The Customer may request a price reduction or terminate the contract in the circumstances provided for by law, including, in particular, where the Seller has refused repair or replacement, has failed to bring the Product into conformity with the contract, the lack of conformity persists despite an attempt to remedy it, or the circumstances indicate that it will not be remedied within a reasonable time or without significant inconvenience. Where the lack of conformity is sufficiently serious to justify an immediate price reduction or termination, a prior request for repair or replacement is not required.

9.8. The Customer is not entitled to terminate the contract on the grounds of lack of conformity if that lack of conformity is minor. The Act provides for a presumption that a lack of conformity is significant.

9.9. Amounts due following a price reduction are refunded without undue delay and no later than 14 days after receipt of the statement requesting the price reduction. Where the contract is terminated due to lack of conformity, the Product is returned at the Seller’s expense, and the price is refunded without undue delay and no later than 14 days after receipt of the Product or evidence of its dispatch.

9.10. The Seller responds to a complaint within 14 days of receiving it, on paper or another durable medium, including email. In the case of a Consumer’s complaint, failure to respond within the statutory period means that the complaint is deemed accepted.

9.11. If the Product is covered by a commercial guarantee, its scope, duration and procedure are specified in the guarantee statement. The commercial guarantee does not restrict rights arising from the Seller’s statutory liability for the Product’s conformity with the contract.

9.12. For business customers who do not benefit from the protection afforded to Business Customers with Consumer Rights, the Seller’s liability is governed by the relevant provisions of the Polish Civil Code.

§ 10. Services Provided Electronically

10.1. The Seller provides electronic services free of charge, enabling use of the Order form and contact form and, where the relevant functions are available in the Store, a Customer Account and newsletter.

10.2. Use of the Store requires a device with internet access and an up-to-date web browser. An active email address is required to place Orders and receive correspondence. Certain functions may require JavaScript and strictly necessary cookies to be enabled.

10.3. Use of a form begins when the Customer starts completing it and ends when it is submitted or the Customer stops using it.

10.4. The contract for maintaining a Customer Account is concluded upon completion of registration and continues for an indefinite period. The Customer may close the Account at any time by using the available function or sending a request to info@mimizufurniture.com. Closing the Account does not affect sales contracts already concluded.

10.5. The newsletter is sent following the Customer’s voluntary subscription and provision of any required consents. The Customer may unsubscribe free of charge by using the unsubscribe link in a message or contacting the Seller. Consent to receive the newsletter is not a condition of purchase.

10.6. The Customer should provide accurate information and protect their Account login credentials. Providing unlawful content and taking actions that disrupt the operation of the Store are prohibited.

10.7. Complaints concerning electronic services may be sent to info@mimizufurniture.com or the Seller’s postal address, describing the problem and providing contact details for a response. The Seller responds within 14 days of receiving the complaint. For Consumers, the statutory consequences of failure to respond apply.

§ 11. Personal Data

11.1. The controller of Customers’ personal data is Brzozowski ABP sp. z o.o., with its registered office in Katowice, Poland.

11.2. Personal data are processed in accordance with the GDPR and other applicable laws, including, in particular, for the purposes of processing Orders, performing contracts, handling complaints, fulfilling legal obligations and protecting legal claims.

11.3. Detailed information about the purposes and legal bases of processing, recipients of data, retention periods, individuals’ rights and cookies is provided in the Privacy Policy available in the Store.

11.4. The Customer may exercise their rights, including access, rectification, erasure, restriction of processing, data portability and objection, to the extent and subject to the conditions provided for by law. The Customer also has the right to lodge a complaint with the President of the Polish Personal Data Protection Office.

11.5. Where processing is based on consent, that consent may be withdrawn at any time. Withdrawal of consent does not affect the lawfulness of processing carried out before its withdrawal.

§ 12. Out-of-Court Dispute Resolution

12.1. A Consumer may use out-of-court complaint handling and redress procedures, including, in particular, contacting the competent provincial inspector of the Trade Inspection Authority or the competent permanent arbitration court.

12.2. Assistance with consumer matters may also be obtained from a municipal or district consumer ombudsman.

12.3. Information about available procedures and the rules governing them can be found at https://polubowne.uokik.gov.pl.

12.4. Participation in out-of-court proceedings is voluntary unless required by law. If the complaint procedure does not resolve the dispute, the Seller provides the Consumer, on a durable medium, with the required statement indicating whether the Seller agrees or refuses to participate in the relevant proceedings, together with any other information required by law.

12.5. Use of an out-of-court procedure does not prevent claims from being brought before a competent court.

§ 13. Final Provisions

13.1. Contracts concluded with the Seller are governed by Polish law. However, this choice of law does not deprive a Consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence, where those provisions apply.

13.2. Matters not covered by these Terms and Conditions are governed, in particular, by the Polish Civil Code, the Polish Act on Consumer Rights and the Polish Act on the Provision of Services by Electronic Means.

13.3. Court jurisdiction is determined in accordance with applicable law. These Terms and Conditions do not impose exclusive jurisdiction of the courts at the Seller’s registered office on Consumers.

13.4. The Seller may introduce new versions of these Terms and Conditions for contracts concluded in the future. Each contract is governed by the version in force when that contract was concluded. Publication of a new version does not automatically amend existing contracts or rights already acquired by Customers.

13.5. No provision of these Terms and Conditions excludes or restricts any rights granted to the Customer by mandatory provisions of applicable law.

Appendix — Model Withdrawal Form

Complete and return this form only if you wish to withdraw from the contract. Use of this form is not obligatory.

To:
Brzozowski ABP sp. z o.o. — Mimizu Furniture
ul. Świętego Jana 11/4
40-012 Katowice, Poland
Email: info@mimizufurniture.com

I/We hereby give notice that I/we withdraw from the contract of sale for the following Product(s):

....................................................................................

Order number, if known:

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Date the contract was concluded:

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Date the Product was received:

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Name(s) of the Consumer(s):

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Address of the Consumer(s):

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Date:

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Signature(s) of the Consumer(s) — required only if this form is submitted on paper:

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