§ 1. GENERAL PROVISIONS

1.1 Scope of activity of the Internet Shop: mail-order sale of articles of clothing and textiles via the website.
1.2 The Internet Shop www.mymemi.com (hereinafter referred to as the Site) is owned by: MEMI Daria Górniak, ul. Gałczyńskiego 38H, 52-214 Wrocław. It is entered in the Register of Entrepreneurs kept by the District Court for Wrocław- Krzyki under the number NIP 615 19 36 984, hereinafter referred to as the Service Provider.
1.3 The availability of goods in the Shop constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code.

1.4 The buyer of the goods offered at the Shop is an adult user of the Site (including the user who has created an account at the Shop) who places an Order (hereinafter referred to as the "Customer").

1.5 In order to browse the content of the Shop, the service provider does not require any data from the web user.

1.6 The Customer who makes an Order for private purposes (Orders not related to business or professional activity) is hereinafter referred to as the "Consumer".

1.7 Contact with the Service Provider is possible by phone + 48 880 557 172 (order processing, product availability, complaints, returns) and +48 505 269 334 (technical problems, B2B cooperation) from Monday to Friday between 9.00 a.m. and 5.00 p.m. and by email [email protected] (order processing, product availability, complaints, returns), [email protected] (B2B cooperation Poland), [email protected] (B2B cooperation abroad), [email protected] (technical problems) or [email protected] (general issues). The price for the call according to the rate of the operator the caller is using, as for mobile calls to the T-mobile network.

1.8 The contract of sale is concluded at the moment the Customer places an Order and the My Memi Shop confirms its acceptance.

1.9 The contract of sale may concern the goods presented on the Site and on the offer of the Shop at the time of placing an Order.

1.10. The Service Provider is a VAT payer and issues a sales document - a receipt or an invoice - for each product sale transaction.

1.11. The execution of Orders is carried out in accordance with the prices in force on the day of placing the Order by the Consumer. Prices are given next to the picture or in the product description. Orders placed by other Customers who are not Consumers (in particular, those containing Tax Identification Number (NIP), data of entrepreneurs), are realized according to the prices indicated in confirmation of the Order by the Shop.

1.12. The Online Shop carries out Orders with shipment to all countries of the world. In the case of Orders from abroad - the terms of dispatch - in particular the costs and time of delivery are agreed on individually. For this purpose, please contact the Store by e-mail or telephone.

1.13. The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93 as amended) - to which he/she is entitled under applicable laws. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, the latter shall prevail.

§ 2. REGISTRATION OF ACCOUNT ON THE WEBSITE

2.1 My Memi Store allows for placing Orders both in the case of prior registration of an account on the Site and without registration.

2.2 An e-mail address is required for account registration.

The person registering accepts the Terms and Conditions of the Store and agrees to the processing of personal data under the terms described in the Terms and Conditions.

Registration is completed when the "Register" button is selected on the registration page or when the "Create an account" option is selected when placing an Order.

2.3 After registration, the user is granted an account which allows him/her to identify the activities performed on the Website, in particular the placing of Orders.

Upon registration, you will receive a confirmation email with your username and automatically assigned password (which can be changed in the Customer panel), as well as a link to log into your account.

2.4 Access to the account is possible after entering the login and password assigned to the account. The password must be kept secret and protected from unauthorised access by third parties.

2.5 Registration and account service is free of charge.

2.6 The user of an account, has the right to delete the account without stating a reason. To do so, it is necessary to send a corresponding statement to [email protected]. However, cancellation of the account does not affect the previously placed Order confirmed by the Service Provider.

2.7 The User is obliged to enter data into the system that is factually correct, in accordance with the law and good manners. The data provided may not violate personal rights or property rights of third parties.

2.8 After logging into your account, you will be able to check your Orders, manage payment and shipping addresses, and change your password and account details.

§ 3. PLACING ORDERS

3.1 The Order is placed when the Order is confirmed by the My Memi Shop, which is carried out via the Website using the Internet.

Placing an Order in the Shop is tantamount to a declaration of intent to conclude a contract of sale of the goods selected by the Customer from those currently available on the Website and for a price which is the sum of all the selected goods plus shipping costs.

3.2 The goods selected by the Customer are placed in a shopping cart. The shopping cart can be checked and updated at any time.

3.3 Orders can be placed 24 hours a day, 7 days a week. However, they will be processed on working days.

3.4 The Customer has the right to modify the Order up to the moment of selecting the "Buy and pay" button. - This applies both to the selection of products and to the address data for the shipment of goods or the issuance of the invoice.

3.5 Placing an Order in the Shop: having selected all the products, the Customer selects the "Proceed to Checkout" button and then chooses the method of payment and delivery address, may enter the data for issuing a VAT invoice, concludes the Order by selecting "I buy and pay". The Order is then received by the Service Provider for confirmation.

3.6 By making a purchase, the Customer declares that he/she has read the Terms and Conditions and consents to the processing of personal data under the terms of these Terms and Conditions.

3.7 Before selecting the "Buy and pay" button, the Customer is obliged to familiarise himself with:

- the main characteristics of the goods presented for sale

- the address and contact details of the Service Provider

- the prices of the goods and delivery, including all taxes

- the method and time of delivery

- terms, procedure and address for complaints

- the conditions (including costs) for returning the goods, as well as the obligation to deliver the goods without defects.

3.8 The Service Provider will confirm the Order placed by the Customer on the Website (after selecting the "Buy and pay" button) and will also send a confirmation to the email indicated by the Customer. The confirmation will include:

- details of the service provider: address, contact telephone number, transfer details

- a list of ordered goods with unit prices

- total amount of Order (net and gross)

- Order number

- method of delivery and payment

- Customer data.

3.9 An invoice or receipt will be enclosed with the Order as proof of purchase. The invoice may be enclosed with the shipment or sent electronically, to the e-mail address provided, in the form of an electronic image of billing documents, in particular: VAT invoices with attachments, correcting VAT invoices with attachments and forms. The receipt will be enclosed with the parcel or sent by e-mail. This consent shall also authorise the Seller to issue and send VAT invoices in electronic form pursuant to Article 106n of the Act of 11 March 2004 on Value Added Tax (Journal of Laws of 2011 No. 177 item 1054 as amended).

3.10. The Service Provider will contact the Customer by e-mail or telephone in relation to the placement or execution of the Order.

3.11. The Order will be sent to the address indicated by the Customer in the Order.

3.12. In the event that the Customer finds inaccuracies in the content of the message confirming acceptance of the Order, the Customer has the option of contacting the Store at [email protected].

3.13. The Shop is obliged to deliver the Order free of defects.

3.14. The Customer does not have to confirm the Order in any way. Confirmation of the Order shall be the recording of the payment on the bank account of the Internet Shop or recording the payment in the PayPal or Przelewy24 Internet payment panel.

§ 4. FORMS OF PAYMENT IN THE INTERNET SHOP

4.1 The Shop allows the Customer to choose one of the following forms of payment:

- traditional transfer

- online payment via PayPal. In case of any problems, please contact PayPal directly. The rules for making payments by Customers via PayPal and the complaint procedure are available on the PayPal website. The use of payments through the online payment system is tantamount to the Customer's acceptance of the Terms and Conditions of these services. The Terms and Conditions of these services are available on the PayPal Website.

- online payment through the Przelewy24 System. In case of any problems, please contact Przelewy24 directly. The rules for making payments by Customers via the Przelewy24 System and the complaint procedure are available on the Przelewy24 Website. The use of payments via the online payment system is tantamount to the Customer's acceptance of the Terms and Conditions of these services. The terms and conditions of these services are available on the Przelewy24 website.

§ 5. ORDERS AND SHIPMENT

5.1 The Customer has 3 days to make the payment, after which time the Order shall be cancelled. The Customer will be informed of the cancellation of the Order by e-mail or telephone.

5.2 The Service Provider shall commence the execution of the Order as soon as the payment is credited to the Service Provider's bank account. If the payment was made via PayPal or Przelewy24 - the Service Provider shall commence the execution of the Order as soon as the Customer receives an automatic e-mail informing that the payment has been accepted.

5.3 All Orders are processed via courier or parcel service. The Customer will receive an e-mail from the Service Provider stating that the Order has been processed and dispatched, together with a tracking number to enable the shipment to be traced.

5.4 Cancellation of a submitted Order is only possible by e-mail at [email protected]. The Customer cannot cancel an Order that has already been dispatched (the Customer has received the dispatch message). The above does not exclude the Consumer's right of withdrawal described in Par. 7 of the Terms and Conditions.

5.5 If the ordered goods are not available in the Store's warehouse, the Store will contact the Customer by e-mail or telephone and propose another date for processing the Order in whole or in part. In the event that the Customer is not satisfied with the alternative delivery date, the Customer has the right to cancel the Order.

5.6 In the event that the Order cannot be fulfilled due to lack of products in stock, and the service provider is unable to contact the Customer within 3 days - the Order will be cancelled. If the Customer has already paid for the Order, the money will be refunded to the same bank account from which it was credited to the Service Provider's account. The Customer will be informed of the cancellation of the Order by email or telephone.

5.7 In the case of shipment abroad, the shipping costs and delivery time are determined individually. In this matter, please contact us at the e-mail address: [email protected]

§ 6. RETURN OF ORDERED PRODUCTS

6.1 The Consumer has the right to return ordered products via the Website, i.e. to withdraw from the sales contract. The Consumer has the right to return the ordered goods within 14 days of the completion of the order (date of delivery by the courier company or date of collection of the package from the parcel machine). The Consumer does not have to give a reason for returning the ordered goods.

6.2 The consumer is obliged to return the products in unaltered condition to the address: MY MEMI, 149 Krakowska Street, 50-428 Wrocław.

6.3 The cost of returning the returned goods is fully covered by the Consumer.

6.4 The Service Provider will refund the amount for the order to the Consumer within 14 days from the date of delivery of proof of purchase, return form and products in an intact state (time counted from the delivery of the last item).

6.5 The refund of the amount paid by the Consumer, shall be made by transfer to the account indicated by the Consumer in the return form or to the bank account from which the Consumer made the payment by online bank transfer.

6.6 The Consumer shall be liable for any diminution in the value of the returned goods as a result of the withdrawal from the contract resulting from the use beyond what is necessary to ascertain the nature, characteristics and functioning of the goods. In the event that the returned products bear traces of use, the Service Provider shall send them back to the Consumer at the Consumer's expense.

6.7 The Service Provider shall not accept shipments sent "cash on delivery". The return shipment should be adequately protected against damage in transit.

§ 7. PRODUCT COMPLAINTS

7.1 The Service Provider shall be liable to the Customer for defects in the goods purchased by the Customer to the extent specified in the Civil Code (Journal of Laws 2014, item 121, as amended). The Service Provider is liable to the Customer if the sold goods have a physical or legal defect (warranty), where a physical defect is the non-conformity of the delivered products with the contract.

7.2 Making a complaint: The Customer should first contact the Service Provider at [email protected] with a completed complaint (description of the complaint, scope of the complaint), it is necessary to attach a photo of the defective goods. When making a complaint, the advertised goods should be delivered to the Service Provider together with the proof of purchase and the completed complaint application (description of the complaint, the scope of the complaint) to the address: MY MEMI, 149 Krakowska Street, 50-428 Wrocław. The complaint will be considered within 14 days from the date of complaint. The Service Provider will notify the Customer of the manner of further proceedings.

7.3 If the complaint is considered legitimate, the Service Provider shall immediately remove the defect or replace the defective goods with goods free of defects, as well as cover the costs incurred by the Client for delivery of the defective product to the Service Provider by a courier indicated by the Service Provider. The above does not affect the possibility of the Client to demand a price reduction or to withdraw from the contract if the defect is significant. If it is not possible to replace the goods, remove the defect or reduce the price, the Service Provider shall refund the amount due in accordance with the applicable legal provisions.

7.4 In the event that, as a result of a change in your location of the product, the costs of delivering the defective product to the Service Provider are higher than if the product had remained in the State of original delivery of the product, the Customer shall be entitled to receive a refund of the costs of delivering the defective product to the Service Provider up to the amount calculated according to the product delivery rates applicable in the State of original delivery of the product.

7.5 If the complaint is found to be unfounded, the goods will be immediately sent back to the Customer at the Customer's expense to the address indicated in the complaint form.

7.6 The Service Provider shall be exempt from liability under the warranty if the Consumer knew of the defect at the time the contract was concluded.

7.7 The Consumer may not withdraw from the contract if the defect is insignificant.

7.8 The Consumer may make use of out-of-court means of handling complaints and asserting claims. If the Consumer wishes to make use of the possibility of amicable resolution of disputes concerning online purchases, he/she may submit his/her complaint e.g. via the EU online ODR platform, available at:http://ec.europa.eu/consumers/odr/.

§ 8. PERSONAL DATA MANAGEMENT

8.1 On the basis of the Act of 29 August 1997 on the protection of personal data (i.e. Journal of Laws of 2015, item 2135 as amended) in connection with the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2013, item 1422 as amended.) as the data administrator is entitled to process the Customers' personal data for the purpose of using the service and concluding the agreement (submitting an account, placing and executing Orders), settling the agreement, considering a complaint in the case of its submission by the Customer, clarifying the circumstances of unauthorised use of the service, as well as for archiving purposes.

8.2 The following Customer data is necessary for the processing of the contract: surname and first name, address for the shipment of products, e-mail address, contact telephone number.

8.3 The Customer's personal data is also processed for the purpose of direct marketing of the Service Provider's own products and services. The Customer has the right to object to the processing of his/her data for marketing purposes. The Customer may at any time opt out of receiving commercial information concerning the Service Provider or its partners by e-mail.

8.4 In order to resolve a complaint, the Customer shall provide at least the following personal data: name, surname, street, house number, flat number, contact telephone number and e-mail address.

8.5 For the purpose of delivering the Order, the personal data necessary for addressing and delivery of the parcel will be provided to professional parcel delivery companies with entrusting the parcel for delivery and, in the case of using the direct online payment system, to the payment system administrator.

8.6 Furthermore, the Seller processes the exploitation data concerning the IP address of the Customer's device for technical and statistical purposes.

8.7 The Customer has the right to access and correct his/her personal data and to reasonably request its deletion at any time.

8.8 Personal data shall be processed with technical and organisational measures to ensure the protection of the processed data in accordance with the requirements set out in the provisions on the protection of personal data, including the Regulation of the Minister of Internal Affairs and Administration of 29 April 2004 on the documentation of personal data processing and technical and organisational conditions to be met by devices and IT systems used for the processing of personal data (Journal of Laws No. 100, item 1024).

8.9 The provision of data is voluntary, however, it is necessary in order to provide services electronically and to execute the sales agreement or to handle complaints.

§ 9. FINAL PROVISIONS

9.1 These Terms and Conditions are effective as of 01.04.2017.

9.2 In matters not regulated in the Regulations, the provisions of Polish law shall apply, in particular the Act of 24 June 2014 on Consumer Rights (Journal of Laws of 2014, item 827), the Act of 23 April 1964. - Civil Code (Journal of Laws of 2014, item 121 as amended).

9.3 In the event that the Rules and Regulations contain provisions contrary to the aforementioned or other regulations in force in the Republic of Poland, these regulations shall prevail.

9.4 Disputes arising between a Client who is not a Consumer and the Service Provider shall be resolved by the court with jurisdiction over the Service Provider's registered office.

9.5 All the names of goods offered for sale by the Shop are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law, the Act on Copyright and Related Rights.

9.6 All photographs placed on the Site are protected under the Act on Copyright and Related Rights of 4 February 1994 - (Journal of Laws 1994 No. 24, item 83, as amended) and have a creative and individual character. They may not be copied without the administrator's consent.

9.7 The Service Provider reserves the right to temporary interruptions in the operation of the Site, without affecting the execution of confirmed Orders.

9.8 The correct use of the Site requires an ICT system that meets the following standards:

- a screen with a resolution of at least 1024 x 768 pixels

- access to the Internet

- a web browser such as Internet Explorer, Mozilla Firefox, Google Chrome or Safari in the latest version, with cookies enabled

- possession of electronic mail

9.9 The Customer declares that the data provided by him to the Service Provider: personal and company data, delivery and correspondence address, are true and complete. If the data changes, the Client is obliged to notify the Service Provider by updating the data in the account created in the Registration.

9.10 The Service Provider may amend the Terms and Conditions, subject to the following sentences. The change shall come into effect within 14 days from the date of posting on the Website information about the change to the Terms and Conditions and notifying the Clients who have made a Registration of the change by means of a message sent by e-mail. Use of an Account by a Consumer implies acceptance of the amended Terms and Conditions. The change of the Terms and Conditions does not apply to Orders placed with the Service Provider before its entry into force.

9.11. The Service Provider shall have the right to terminate the agreement on provision of services by electronic means at any time, subject to a 14-day notice period, which shall run from the date of notification to the Client at the e-mail address indicated in the Account, for important reasons, e.g. in the event of discontinuation of business or shop activities, violation of the Terms and Conditions by the Client, non-acceptance of the amended Terms and Conditions by the Consumer within 90 days of notification of the change.