Terms and Conditions

Welcome to the website of Miokana.By purchasing our goods and/or using our services, you accept these General Terms and Conditions (“GTC”). Please read this GTC carefully.This GTC shall be applied to the contractual relationships entered into on the website and/or in the webshop of Miokana available at www.miokana.com, and to the visit and use of the website and/or the webshop. You expressly agree that you use our website at your sole risk.

1. GENERAL PROVISIONS

The following Terms and conditions are valid between you and Miokana and apply to all use of our website www.miokana.com. 

The GTC is in effect from 20 March 2021 and shall be effective until withdrawal. We reserve the right, at our sole discretion, to update, modify or replace any part of this GTC by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Please read the GTC and check back often. 

The governing law of this GTC is Polish law. 

The language of this GTC and that of the contractual relation between you and Miokana is the English language. 

Miokana’s as providing goods and services

Company’s name: Miokana Julia Ulida

Company’s registered adress: Gwiazdzista 15a, 01-656, Warsaw, Poland

Tax Number: 1132957008

Email address for general inquiries: hello@miokana.com

2. GENERAL DEFINITIONS

Account – e-service; a set of sources in the Service Provider’s electronic system, marked by an individual name (login) and password, provided by the Client, where the details furnished by the Client and information about the Orders placed by the Client are collected.

AGREEMENTthe agreement for sale of a Product entered into between the Seller and the Client via the Online Shop within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and a sales agreement within the meaning of art. 535 of the Civil Code of 23 April 1964 in the case of Buyers.

BUYER – both Consumer and Client.

Civil Code – the Act dated 23 April 1964

Client – a natural person having full capacity to enter into transactions, a legal person or an organisational unit who is not a legal person but who has legal capacity assigned by separate legal provisions, placing an Order with the Online Shop.

Consumer – a natural person carrying out a legal transaction with an undertaking, where such a legal transaction is not related directly to the persons business or professional activities.

CONSUMER LAW – the Consumer Rights Act of 30 May 2014.

CODE OF GOOD PRACTICES – a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.

CART – a list of products made from the products offered in the store based on the Buyer’s choices.

E-Service – a service provided by electronic means, by the Service Provider to the Service Recipient via the Online Shop.

DELIVERY – the type of transport service along with the carrier’s definition and cost mentioned in the delivery price list

GTC – General Terms & Conditions

Order – the Client’s statement of will filed using the Order Form, aimed directly at entering into the agreement for sale of the Product with the Seller.

PROOF OF PURCHASE – invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended and other applicable laws.

REGISTRATION FORM – the form available from the Online Shop enabling to create the Account.

PAYMENT – Stripe and Blue Media are an entities providing online payment services.

If there is a need to return funds for the transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the payment card of the Ordering Party.

With card payments, the order processing time in Poland is up to 3 business days.

Product – a movable thing available from the Online Shop which is the subject-matter of the sale between the Client and the Seller.

SITE – internet service available at www.miokana.com, through which the Buyer can place an order.

SELLER: Miokana 

SYSTEM – a team of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks using the end device appropriate for a given type of network, commonly referred to as the Internet.

PHYSICAL FAIL – incompatibility of the item sold with the contract, in particular if the item:

  1. it does not have properties that such a thing should have due to the purpose of the contract marked or resulting from circumstances or destination;
  2. does not have properties the existence of which the Seller has provided to the Consumer,
  3. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not report for
  4. it does not have properties that such a thing should have due to the purpose of the contract marked or resulting from circumstances or destination;
  5. does not have properties the existence of which the Seller has provided to the Consumer,
  6. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such a destination;
  7. has been delivered to the Consumer in an incomplete state;
  8. in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
  9. it does not have the characteristics provided for by the manufacturer or his representative or person who places the product on the market as regards his business and a person who, by placing his or her name, trade mark or other distinguishing sign on the item, presents itself as a producer, unless the Seller did not know the assurances or, judiciously, he could not know or they could not affect the Consumer’s decision to conclude the contract, or if their content was corrected before the conclusion of the contract.

3. E-SERVICES IN THE ONLINE SHOP

  1. The following E-Services are available from the Online Shop: The Service Recipient’s using the E-Services is free of charge.
    • Account
    • Order Form
  2. E-Service consisting of the Order Form is a one-off service, the provision thereof is terminated upon the Service Recipient’s placing an Order via the Order Form or upon prior abandoning of placing the Order via the Order Form.
  3. The Service Recipient’s using the Order From starts upon the Service Recipient’s adding the first Product to the virtual cart in the Online Shop.
  4. The E-Service in the form of the Account is provided for an indefinite term. The Service Recipient has the possibility of resigning from using the Account any time, without stating any reason, by sending the Service Recipient the resignation declaration.
  5. It is possible for the Service Recipient to use the Account once the Service Recipient has filled in the Registration Form and clicked the “Account” [Sing in] button. It is necessary for the Service Recipient to furnish the following details in the Registration Form: name and surname, residence address, e-mail address, contact number, password for the Account. For Service Recipients who are not Consumers, it is necessary to provide also their NIP [tax identification number] and their business name.

4. ORDERING & DELIVERY PROCESS

ORDERS can be placed 24 hours a day.

In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:

adding a product to the basket;

choosing the type of delivery;

choosing they payment type;

choosing the place of delivery; 

placing an order in the store by using the “ORDER” button.

Conclusion of the contract with the Consumer takes place at the moment of placing the order.

The conclusion of the contract with the Customer takes place at the moment of the order acceptance by the Seller, which he informs the Customer within 48 hours of placing the order.

The Customer’s order fulfillment may depend on the payment of all or part of the value of the order or obtaining the merchant credit limit at least the value of the order or the Seller’s consent for sending the order on delivery (payable upon delivery).

Sending the subject of the contract takes place on the date specified in the product card, and for orders placed from many products in the longest term from the products specified on the cards. The period starts from the moment the order is processed.

The purchased subject of the contract is, together with the purchase document selected by the Buyer, sent to the selected by the Buyer type of delivery to the place of delivery of the item indicated by the Buyer in the order, together with the attached attachments referred to in § 2 point 6b.

5. GOODS AND SERVICES

In Miokana’s online store at www.miokana.com, you can purchase unique women’s clothes and accessories that are directly sold my Miokana. 

“Notify me!” option: if you have added your email address to the waitlist of a certain product, it doesn’t mean an obligation for Miokana or a preorder for the product, it serves as a sole notification about the product’s availability. Once the desired item is available on our site, we’ll notify you via email within 24 hours. Please note that in some cases garments with high demand might become sold out again during this timeframe.  

6. RIGHT OF WITHDRAWAL

You can announce your right of withdrawal within 14 (fourteen) days of receiving your original order without reasoning. You announce such right in an expressed statement sent to the customer service team (hello@miokana.com) within the above 14 (fourteen) deadline.

You shall send back the item to us without delay, but within the initial 14 (fourteen) days upon delivery.

Shipping costs are non refundable unless the item is defective. We recommend you obtain a proof of postage and use a tracking shipping service or purchase shipping insurance.

We shall refund the price paid for the returned item once it is received by us. The refund shall be made in the same way as the original method of your payment was made.

You will receive a written notification via email what we have received your returned item. Any returned item exceeding the fourteen (14) day deadline will not be eligible for a refund and will be shipped back to the sender.

You are not entitled to exercise the right of withdrawal when the item was prepared especially upon your own instructions, or on your expressed demand, or in case the item was unambiguously personalised to you.

7. INTELLECTUAL PROPERTY RIGHTS

Any invention, discovery, development, design, idea, creation, software, technology, procedure, process, technical material, documentation relating to the products and services of Miokana are subject to copyright protection, and all the parts of them are an exclusive property of Miokana.

8. DATA PROTECTION

For data protection, please see our Privacy Policy.