Terms & Conditions

Terms and Conditions of Using the Chopin Online Store – Miraculum S.A.
(Rules for the Provision of Electronic Services) of 24 December 2018

Article 1 General Provisions

1. The Chopin Online Store, operated under the address of www.chopinperfumes.com, is an online platform operated by Miraculum S.A. with its registered office in Warsaw, Poland, at Al. Jerozolimskie 184b, 02-486 Warsaw, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw – 13th Commercial Division of the National Court Register under entry No. KRS 0000034099, with the share capital of PLN 48,750,000.00, Tax ID (NIP) 726 23 92 016, REGON (Statistical ID) 472905994.

2. In particular, these Terms and Conditions specify:

     a) a provider of electronic service

     b) customer receiving the electronic services

     c) types and scope of the electronic services

     d) terms of providing the electronic services, including in particular:

         - technical requirements necessary for compliance with an IT system

         - prohibition for a customer to provide any illegal content

     e) terms of concluding and terminating agreements for electronic services

     f) complaint procedure.

3. The provider of the electronic services is Miraculum S.A. with its registered office in Warsaw.

4. A customer receiving the electronic services shall be the User within the meaning assigned thereto in Article 2 hereof.

5. These Terms and Conditions have been made available in a .pdf format allowing reproducing and saving their content with the use of an IT system.

6. The Chopin Online Store may send Products to the following states: the Republic of Poland, the European Union Member States (plus the European Economic Area Member States and Switzerland), Russia, the United States of America, the People’s Republic of China, Japan, and the Republic of Korea (South Korea).

Article 2 Glossary

Online Store Database – an online database with data on the executed transactions and the Products offered in the Miraculum Online Store. The database also contains data of the Miraculum Online Store’s Clients used to fulfil Orders placed by them and, if the Client has expressed their previous consent, for marketing purposes.

Lead Time – indicative time from the registration of an Order in the Online Store Database online until the delivery of the ordered Products by a courier company to an address specified by the Client;

Business Days – Monday through Friday except for public holidays in the Republic of Poland;

Client – shall mean a natural person entering into a legal transaction with the company not related directly to their business or professional activity; – which is a party to a Product(s) sales agreement concluded with Miraculum; within the meaning of these Terms and Conditions, the term Client shall mean a person with a domicile/permanent place of residence in Poland or abroad. If the provisions hereof call for a differentiation between the Clients with a domicile/permanent place of residence in Poland and the Clients with a domicile/permanent place of residence outside Poland, the terms “Polish Client” and “Foreign Client” shall be used accordingly. The term “Client” shall be hereinafter used interchangeably with the term “Consumer” and, the “Polish Consumer” and “Foreign Consumer”, respectively.

Warehouse – a place where the Clients’ Orders are picked.

Miraculum – shall mean Miraculum Spółka Akcyjna with its registered office in Warsaw, Poland, (02-486), at Aleje Jerozolimskie 184b, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS entry No. 0000034099,Tax ID (NIP) 7262392016, Statistical ID (REGON) 472905994;

Payment Service Provider – a third-party entity separate from the Chopin Online Store that serves as an intermediary in the execution of payments by means of an electronic transfer, bank transfer, or credit card.

Personal Data Processing Policy – shall mean a document that sets forth the purposes and principles of processing the User’s personal data, available on the Chopin Online Store’s website. The Personal Data Processing Policy specifies predominantly [...];

Product – any product of the Chopin brand available in the Chopin Online Store;

Terms and Conditions – shall mean these Terms and Conditions governing the use of the Chopin Online Store;

Force Majeure – an event of a sudden, random, or natural nature impossible to avoid or predict, caused by:

     a) catastrophic weather conditions (e.g. temperatures below -25°C, abnormal annual snowfalls, flooding, earthquake, landslide, hurricane, gale force wind, heavy rain, lightning, fire),

     b) an act of the legislative or executive power (e.g. expropriation, state of emergency, state of natural disaster, martial law),

     c) social disruptions (e.g. riots, general strikes).

Chopin Online Store – a store available under the address of www.chopinperfumes.com where Miraculum sells its Products online;

Website – shall mean a website under the address of www.chopinperfumes.pl;

User – shall mean a natural person, legal person, or a unit without corporate existence that uses the electronic services available on the website of the Chopin Online Store;

Order – submission of a purchase offer for the Products in the Chopin Online Store by the Client, consisting in indicating of the Products in a basket that are being purchased and a delivery and payment method.

Article 3 Types and Scope of Services Provided by the Chopin Online Store

1. As determined by Miraculum, the Chopin Online Store shall provide the following types and scope of services:

     a) creation, use, and removal of an electronic account by the Client on the Chopin Online Store’s website under the address www.chopinperfumes.com;

     b) as part of the Online Store’s activity, conclusion of online sales agreements for the Products presented on the website;

     c) placement of Orders for the selected Products with the use of an electronic order form;

     d) making inquiries concerning the Product in which the User is interested;

     e) contact with the Customer via an electronic contact form.

Article 4 Technical Conditions

1. Miraculum endeavours to enable the use of the Chopin Online Store by the Users on the most popular web browsers. To be able to shop in the Chopin Online Store, the User has to comply with the following technical conditions:

     a) a computer or mobile device with Internet access;

     b) using one of the following browsers:

         - Internet Explorer 10 or higher

         - Firefox 37 or higher

         - Chrome 42 or higher

         - Windows 10 – Edge

     c) having an active e-mail account,

     d) accepting cookies that are used to store information or access information already stored in order to identify the Client or save a history of the Client’s activity on the Website.

2. Miraculum shall use best efforts so that the Chopin Online Store is operational also when using browsers other than the ones listed in Article 4.2 above.

Article 5 Account Registration

1. Account registration is not a prerequisite for placing the Order in the Chopin Online Store; nonetheless, such registration allows placing any subsequent Orders without a necessity to re-enter personal data (except for the login and the password).

2. The registration shall be carried out by filling in an electronic form on the Chopin Online Store’s website and by activating an account.

3. Having submitted the electronic form, the User shall receive an activation link to a previously specified e-mail address. The account shall be activated upon clicking the link.

4. As of the account activation, an agreement is concluded under which Miraculum gratuitously provides an account maintenance service for the User.

5. The agreement referred to in the preceding sentence may be terminated by the User at any time as of the moment when Miraculum receives a notice to this effect. The termination notice may be submitted in an electronic form, with the use of a form available on the Website.

Article 6 Order Fulfilment Terms

1. A prerequisite for placing the Order involves the acceptance of these Terms and Conditions and the Personal Data Processing Policy.

2. Using the “ADD TO BASKET” option, the Client may place the Orders on the Website on a 24/7 basis by indicating the Product in which the Client is interested, and subsequently indicating, in the basket, how to collect the Products and a payment method applicable to the selected Products. The Client shall confirm the Order by clicking the “CONFIRM PURCHASE” button.

3. Information presented on the Website shall not represent Miraculum’s offering within the meaning of the Polish Civil Code; it represents solely an invitation for the Client to submit purchase offers.

4. By placing the Order, the Client makes a purchase offer for the selected Products to Miraculum.

5. When placing the Order (in the basket), the Client shall specify:

     a) the ordered Products;

     b) the address to which the Products are to be delivered and the address to be used in a VAT invoice;

     c) a delivery method;

     d) a payment method.

6. Once the Client has placed the Order, Miraculum shall send the Client an e-mail confirming acceptance of the Order. The Order should be accepted within 2 (two) Business Days from the Order’s date.

7. As of Miraculum’s confirmation that the Order placed by the Client has been accepted, a sales agreement is concluded.

8. The ordered Products shall be delivered to the address specified by the Client in the Order within a time limit underlying the delivery method selected by the Client. The Chopin Online Store undertakes to organise shipment within three Business Days following the day when the Order and payment is accepted (applicable to payment methods other than cash on delivery).

9. An option for the Client to use any specific modality of the Order’s handling may be temporarily blocked due to Force Majeure.

10. If the Product(s) included in the Order is(are) not in the Warehouse and/or if it is not possible to have them shipped to the Chopin Online Store within the time limit needed for the fulfilment of the Order, the Chopin Online Store shall send an e-mail to the Client to the e-mail address specified by them, with a request to make a decision as to the further processing of the Order by:

     a) cancelling the Order, or

     b) partially fulfilling the Order with the Products available in the Warehouse, or

     c) fulfilling the Order in its entirety at a later date to be agreed with the Client, or

     d) partially fulfilling the Order with the Products available in the Warehouse and fulfilling the remaining part of the Order at a later date to be agreed with the Client.

Article 7 Contact with Miraculum

1. In addition to standard postal communication, the Client may contact Miraculum at +48 22 205-06- 00 or by email at the address: chopin@miraculum.pl.

2. Miraculum shall provide information on the Order’s status to the e-mail address specified by the Client.

     b) a payment card via PayU, an external payment system operated by PayU S.A. of Poznań;

     c) a bank transfer via PayU, an external payment system operated by PayU S.A. of Poznań;

     d) cash on delivery, upon collection of the ordered goods.

3. Payment for the Products made with a transfer or payment card should be carried out immediately after the Order has been placed, in any case within seven days as of Order placement at the latest, subject to Article 9.4 below.

4. Payment for the Products to be delivered solely within the territory of Poland may be also made in cash upon the Products’ delivery by a courier service provider.

5. For certain Products, product categories, or ordered volumes, the Chopin Online Store reserves the right to exclude some delivery methods or payment forms, of which the Client shall be always informed prior to placing the Order.

Article 10 Forms of Payments for the Products Made outside the territory of Poland

1. The Order shall include the Products in the basket at the time of Order placement.

2. The Products to be delivered to the Clients outside the territory of Poland may be paid for remotely with:

     a) a bank transfer to Miraculum’s account;

     b) a payment card or credit card via PayU, an external payment system operated by PayU S.A. of Poznań.

3. Payment for the Products made with a transfer or payment card should be carried out immediately after the Order has been placed, in any case within seven days as of Order placement at the latest.

4. The Products to destinations outside the Republic of Poland shall be delivered via UPS, a courier service provider.

5. For certain Products, product categories or ordered volumes, the Chopin Online Store reserves the right to exclude some delivery methods or payment forms, of which the Client shall be always informed prior to placing the Order.