§1

General

1. MIYAKO Japanese shop [hereinafter the "Shop"] conducts retail sales via the Internet, on the basis of these Terms and conditions [hereinafter the "Terms"].

2. The registered owner of the Shop: BB Sp. z o.o., ul. Matejki 14, 58-580 Szklarska Poręba/POLAND, NIP: 6112810405, REGON: 387987348. The company is entered into the Central Register and Information on Economic Activity (CEIDG) operated by the Ministry for Economic Development of the Republic of Poland.

3. The prices shown at Shop's website include VAT.

4. The Terms are an integral part of the contract of sale concluded with the Customer.

5. The contract of sale is subject to approval of the Terms by the Customer

§2

Orders

1. Orders can be placed through the Shop's website.

2. The condition of the contract is to provide the sufficient information about the Customer and recipient of the goods. Shop confirms acceptance of the order by an email. Shop has the right to refuse order, limit the method of payment or to require prepayment in case the order raises legitimate doubts about the veracity and accuracy of the data provided.

 3. The parties are bound by the information contained on the website at the time of purchase, in particular about the price, product description, product features, the time, method and cost of delivery.

4. The information on the Shop's website does not constitute an offer within the meaning of the Polish Civil Code. Sales agreement is concluded after confirmation of order by the Customer by clicking the confirmation link in the e-mail sent to the Customer or upon reception of the payment for the order.

5. For each order Shop issues a receipt without Tax ID of the buyer. On request, the Shop issues an invoice containing full details of the buyer. For this purpose, the Customer is obliged to conclude an appropriate disposition when ordering (box: "Sales document").

§3

Payment

1. The Customer may choose the method of payment from those listed in Methods of payment section.

2. In the case of payment other than cash on delivery, the Customer is obliged to make the payment within 3 working days of placing an order. Failure to meet the payment deadline may result in cancellation of the order by the Shop.

3. The payment is complete upon the receipt of funds on the Shop's bank account (bank transfer), or a positive authorization of transaction (electronic payment).

4. The total cost of the order is presented in the "To pay" section on the screen presenting the contents of the basket.

5. Available methods of payment may vary depending on the currency of payment and the country of delivery. The list of available payment methods is presented in the contents of your cart.

§4

Dispatch of goods

1. The Shop sends ordered goods via the Polish Post or the courier company .

2. Methods and cost of delivery are specified in the cost of delivery section. Due to the nature of the products in the order, certain methods of delivery may not be available. The list of available methods of delivery is presented in the contents of your cart.

3. Methods of delivery may vary depending on the country of delivery.

4. During the promotion period "Day of Free Delivery" for certain methods of delivery Shop may provide free shipping option. Special promotion terms and conditions apply.

5. In the case of payment other than cash on delivery, dispatch time is counted from the moment of positive authorization of transaction (electronic payment) or the receipt of funds on the Shop's bank account (bank transfer). In the case of cash on delivery, dispatch time is counted from the moment of confirmation of the order by the Customer.

6. In the event that the order could not be delivered through the Customer's fault, Shop may require an additional fee for the return to the sender and the re-dispatch. The cost of the return to the sender is determined on the basis of standard Store delivery cost.

§5

Complaints

1. The goods available at the Shop are free of physical and legal defects.

2. In the case of defects, the Customer has the right to return defective goods to the Shop with a description of identified defects. The Customer has the right to return defective goods within two years of receipt of the goods, provided filing a complaint to the Shop of discovery of the defect within two months of its detection.

3. The Shop responds to the Customer complaint within 14 days.

4. If the complaint is accepted, Shop immediately replaces the defective goods or removes the defects or reimburses for the returned goods. The Customer has the right to choose how to meet the claim.

5. If the complaint is accepted, the Shop reimburses the cost of the initial delivery (with the exception of the additional costs resulting from the Customer's choice of method of delivery other than the least expensive method of delivery offered by the Shop).

6. If the implementation of the accepted complaint involves shipping a new product or defect removal, delivery costs is paid by the Shop.

§6

Right of withdrawal

1. The Customer who is a consumer has the right to withdraw from the contract within 14 days without giving any reason.

2. The period for withdrawal expires after 14 days from the date on which the Customer acquired the possession of the goods or a third party other than the carrier and indicated the Customer, acquired the possession of the goods.

3. To exercise the right of withdrawal, the Customer must inform the Shop: BB Sp. z o.o., ul. Matejki 14, 58-580 Szklarska Poręba, POLAND, tel.: +48 502 221 151, e-mail: kontakt@miyako.pl, about the decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by mail, telephone or e-mail ). The Customer can use the withdrawal form, but it is not mandatory.

4. To keep the withdrawal deadline, it is sufficient to send the information on exercising the right of withdrawal before the deadline.

5. In case of withdrawal from the contract, the Shop shall reimburse all payments received, including the cost of delivery (with the exception of the additional costs resulting from the choice of a method of delivery other than the least expensive method of delivery offered by the Shop), without undue delay and in any event no later than 14 days from the day on which the Shop was informed about the decision to exercise the right to withdraw from the contract.

6. Reimbursement of payments will be done using the same payment method that was used for the initial transaction, unless expressly agreed otherwise; in any case the Customer will not incur any fees in connection with the return. The Shop may withhold reimbursement until receipt of the goods or to have supplied evidence of having sent back depending on whichever is the earliest.

7. The Customer in obliged to send goods to the Shop without undue delay and in any event not later than 14 days from the day on which the Customer communicated the exercise of the right of withdrawal from the contract. The deadline is met if the goods are sent back before the deadline of 14 days.

8. The Customer bears the direct cost of returning the goods to the Shop.

9. The Customer is only liable for any diminished value of the goods resulting from the handling of them in a different way than was necessary to establish the nature, characteristics and functioning of the goods.

10. The declaration of withdrawal form is available on the Shop's website.

§7 

Personal data

Following 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), the Shop informs the Customer the principles and scope of acquiring, processing and storing personal data.

The Data administrator is: BB Sp. z o.o., ul. Matejki 14, 58-580 Szklarska Poręba, NIP: 6112810405, REGON: 387987348.

1. The scope and purpose of data processing

By registering in the Shop system (Create an account function), the Customer agrees to the processing of personal data in the scope of data provided in the registration form and necessary to create a user account. The scope of data processed enables logging into the system and supports the process of password recovery. Registration is not required to place an order.

By placing an order in the Shop system, the Customer agrees to the processing of personal data to the extent necessary to execute the order, as well as to obtain feedback on the level of Customer satisfaction.

Using the Ask about product or Notify of product availability functionality, the Customer agrees to the processing of personal data to the extent necessary to send an answer to a question or notification of product availability.

By using the Recommend to a friend functionality, the Customer agrees to the processing of personal data to the extent necessary to send notifications to the e-mail addresses provided.

By using the Add your review functionality, the Customer agrees to the processing of personal data to the extent necessary to publish the opinion on the Shop's website.

The customer may also express separate consent to receive marketing materials from the Shop, including a commercial newsletter. Consent is voluntary and not required in the process of Customer registration or order placement.

2. Customer rights

The Customer has the right to access personal data provided, their correction, request for removal or restriction of their processing, as well as the right to transfer personal data and object to processing.

In particular, the Customer's right may be exercised when the data provided prove to be incorrect, incomplete or no longer necessary to achieve the purposes for which it was obtained.

The Customer's right can be made to the Data administrator by e-mail at contact@miyako.pl

3. The legal basis of data processing

We process personal data on the basis of the Customer's consent, the accepted Privacy policy as well as the legitimate interest of the Data administrator, which is to monitor the activity of the Shop's website users, to keep site usage statistics, adjust ads in accordance with the content viewed by the user, ensure sales transaction safety, handle the complaint process and service, investigate and defense in the event of mutual claims between the Shop and the user.

Additionally, we process personal data for accounting and tax purposes.

4. The period of data processing and storage

Personal data provided during the registration process (Create an account function), will be processed during the period of Customer account activity. Personal data will be stored for a period of 10 years from the date of the end of the data processing (closing the Customer's account). After the retention period, personal data will be deleted.

The personal data provided in the ordering process will be processed for the duration of the order execution completed with customer satisfaction feedback. Personal data will be stored for a period of 10 years from the moment the data processing purpose ends (order execution). After the retention period, personal data will be anonymised.

Personal data provided in the process of handling the functionality Ask about product or Notify of product availability functionality will be processed for the period necessary to send an answer to a question or notification of product availability. Personal data will be stored for a period of 10 years from the date of the end of the data processing (answer / notification). After the retention period, personal data will be deleted.

Personal data provided in the process of Recommend to a friend functionality will be processed for the period necessary to send notifications to the e-mail addresses provided. Personal data will be stored for a period of 10 years from the date of the end of the data processing (sending notification). After the retention period, personal data will be deleted.

Personal data provided in the process of Add your review functionality will be processed and stored for the period of publication of opinions on the Shop's website.

Personal data provided in the process of subscribing to marketing materials will be processed over the period of subscription activity. Personal data will be stored for a period of 10 years from the moment the data processing purpose ends (cancellation of the subscription). After the retention period, personal data will be deleted.

5. Data transmission

In the scope of the indicated processing basis, personal data may be transferred on the basis of an agreement with the Administrator to data processors such as hosting providers, intermediaries handling electronic payments in the field of payment authorization, transport companies in the field of handling parcels, entities providing accounting services, advertising agencies, as well as state bodies authorized by law.

§8

Intellectual property

1. The use of any material published on the website without the written prior consent of the Shop is prohibited. 

§9

Final clauses

1. The Terms shall come into effect as of the day on which they are published on the Shop’s website.

2. The Shop reserves the right to make changes to the Terms, which shall come into effect as of the day on which they are published on the Shops’s website. Contracts concluded prior to a change to the Terms shall be subject to the version of the Terms effective on the date on which the Customer placed the order.

3. In matters not regulated by the Terms the Polish Civil Code applies.

4. The contracts of sale are subject to Polish law and the jurisdiction of Polish courts.

5. In the event of any discrepancy in the content of the Terms between the Polish and the English language version, the Polish version prevails.