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: email@example.com.
2. Miraculum shall provide information on the Order’s status to the e-mail address specified by the Client.
Article 8 Prices of the Products
1. The Miraculum Online Store shall post information on its range of Products on the Website and it shall offer online the Products available in the Chopin Online Store’s Warehouse.
2. Prices on the Chopin Online Store’s Website visible next to the offered Products:
a) shall be inclusive of VAT and any excise duty, and shall be indicated in zlotys (PLN), euros (EUR) and/or US dollars (USD);
b) shall not include shipment costs;
c) shall not include any potential customs duties.
3. A binding and final price shall be the price of the Product specified on the Chopin Online Store’s website at the time Order placement by the Client. The Client shall be informed about a default payment currency applicable to the Product(s) based on a language or a country of a system from which the Order is made. The following default assignment of the payment currency according to a place of shipment is hereby introduced:
a) polish zloty (PLN) – if a place of delivery is in Poland;
b) euro (EUR) – if a place of delivery is in a the European Union or the EEA Member State, or Switzerland;
c) US dollar (USD) – if a place of payment is a state other than the European Union Member State – Russia, the United States of America, the People’s Republic of China, Japan, and the Republic of Korea (South Korea).
The payment currency determination specified above shall apply in all cases, without any deviations from the aforementioned rule.
4. Once the Order has been placed, the price of the Product specified in Article 8.4-6 shall be increased by shipment costs, in accordance with the currently applicable fixed shipment fee as specified on the Website. The shipment costs shall not include customs duties or any other extra fees.
5. The Chopin Online Store reserves the right to change, on an ongoing basis, the prices of its Products and to conduct and cancel any promotional campaigns and price reductions. The right referred to in the preceding sentence shall not affect the Orders placed prior to the effective date of a change in the price or of the terms of any such promotional campaigns or price reductions.
6. Promotions in the Chopin Online Store shall not be combined, unless rules applicable to a specific promotion specify otherwise.
7. The prices of the Products in the Chopin Online Store shall apply only to the Orders placed individually by the Client, online, on the Website: www.chopinperfumes.com.
8. For each Order, Miraculum shall issue a receipt, and also a VAT invoice, upon the Client’s request made at the time of placing the Order at the latest. VAT invoices and receipts shall be issued in Polish for the Orders with a place of delivery in Poland and in English for the Orders with a place of delivery outside the territory of Poland.
Article 9 Forms of Payments for the Products Made in 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 in Poland may be paid for remotely by:
a) a bank transfer to Miraculum’s account;
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.
Article 11 Lead Time
1. The Chopin Online Store shall indicate time (in Business Days) of the ordered Products’ delivery from the Warehouse to a place specified by the Client. This shall be an indicative period counted from the payment for the Products (in case of a COD payment applicable in Poland – from the acceptance of the Order) until the delivery of the ordered Products by a courier service provider. The Chopin Online Store shall specify the lead time taking into account delivery times indicated by the courier service provider. The lead time for the entire Order shall be specified taking into consideration the time needed to pick all of the ordered Products.
2. The ordered Products shall be delivered to the Client by UPS to the address specified in the Order’s form on the Chopin Online Store’s website.
3. The Chopin Online Store shall not be liable for failure to deliver the ordered Products caused by an incorrect address given by the Client. In such a case, the Chopin Online Store shall notify the Client that the Order cannot be fulfilled via e-mail sent to the address specified by the Client. The Products may be resent to a new or corrected address provided that the Client pays for the next shipment.
Article 12 Complaints
1. Miraculum is obliged to provide the Consumers with the Products free from any defects.
2. Miraculum shall be liable towards the Consumers for the Products’ physical and legal defects pursuant to rules prescribed by the applicable Polish laws governing a statutory warranty for physical defects of goods.
3. The Consumers may file a complaint in writing to the Customer Service Department, at the address: Miraculum S.A., Jotes Business Park Sp. z o.o., ul. Papiernicza 7, 92-312 Łódź, Poland, by phone at +48 22 205 06 00, or by e-mail at the e-mail address: firstname.lastname@example.org.
4. A default language of communication with the Polish Consumers shall be Polish, while for the Foreign Consumers it shall be English. Forms to be used to file a complaint in Polish and English are attached hereto.
5. Miraculum shall consider the Consumer’s complaints within 14 (fourteen) days as of the date of filing thereof, and shall send relevant information to the e-mail address specified by the Consumer. If the Consumer has requested for the Product to be replaced or for a defect to be removed, or if the Consumer has submitted a price reduction notice with the indication of an amount by which the price should be reduced, and Miraculum has not replied to such a request within 14 (fourteen) days, the request shall be deemed as accepted.
6. If the Product has a defect, the Consumer may submit a price reduction notice or a statement on withdrawal from the sales agreement, unless Miraculum replaces the defective Product with the Product free from any defects or if it removes the defect promptly and without any excessive inconvenience for the Consumer. This restriction shall not apply if the Product has already been replaced or repaired by Miraculum or if Miraculum has failed to replace the Product with the Product free from any defects.
7. Instead of a defect removal proposed by Miraculum, the Consumer may request the Product to be replaced with the Product free from any defects or instead of the Product replacement the Consumer may request a defect to be removed, unless arranging for the Product to be compliant with the sales agreement in a manner selected by the Consumer is not feasible or involves excessive costs compared to the solution proposed by Miraculum. When assessing whether the costs at hand are excessive, the value of the Product free from any defects and the type and significance of an identified defect shall be taken into account; further, any inconvenience for the Consumer involved in a different manner of complaint resolution shall be considered.
8. The Consumer may not withdraw from the sales agreement if a defect is immaterial.
9. Instead of a price reduction notice or a statement on withdrawal from an agreement, the Consumer may request the Product to be replaced with the Product free from any defects or a defect to be removed.
10. Miraculum shall replace the defective Product with a Product free from any defects or it shall remove the defect within a reasonable time without any excessive inconvenience for the Consumer, subject to Article12.11 below.
11. Miraculum may refuse to satisfy the Consumer’s claim if arranging for the defective Product to be compliant with the agreement in a manner selected by the Consumer is not feasible or if, compared to a different available method of arranging for the defective Product to be compliant with the agreement, involves excessive costs.
12. The Seller shall not be liable under a statutory warranty to the Clients other than the Consumers.
13. The Polish Consumers may follow an out-of-court complaint handling and claim enforcement procedure before the Permanent Consumer Arbitration Court by the Trade Inspection’s Regional Inspector within its competences and pursuant to the rules set forth in the Rules for Organisation and Operation of the Permanent Consumer Arbitration Courts by the Trade Inspection’s Regional Inspectorates.
Article 13 Right to Withdraw from the Agreement
1. The Consumer has the right to withdraw from a Product(s) sales agreement within 14 days, without giving any reason.
2. The Consumer does not have to give a reason for withdrawing from the agreement or specify costs involved in the withdrawal, except for the costs indicated in Article 33, Article 34.2, and Article 35 of the Consumer Rights Act of 30 May 2014.
3. A time limit for withdrawing from the agreement shall expire upon the lapse of 14 days from the day when the Consumer has received the Products or when a third party other than a carrier, and indicated by the Consumer, has received the Products.
4. In order to exercise the right to withdraw from the agreement, the Consumer must inform Miraculum of their decision to withdraw from the Product(s) sales agreement by way of a unilateral statement. The Consumer may file a complaint in writing to the Customer Service Department, at the address: Miraculum S.A., Jotes Business Park Sp. z o.o., ul. Papiernicza 7, 92-312 Łódź, Poland, by phone at +48 22 205 06 00 or by e-mail at the e-mail address: email@example.com.
The Client agrees for a complaint filed by phone to be confirmed by electronic means, with an e-mail sent to the address specified by the Client.
5. To meet a time limit for withdrawal from the Product(s) sales agreement, the Consumer shall send Miraculum a notice on exercising the right to withdraw from the agreement before the lapse of the time limit for withdrawal from the agreement.
6. In the case of withdrawal from the agreement, Miraculum shall promptly reimburse the Consumer for any payments received from the Consumer, including the Products’ delivery costs (except for any extra costs underlying the delivery method selected by the Consumer other than the cheapest standard delivery method offered by Miraculum), in any case not later than within 14 days as of the day when Miraculum has been advised of the Consumer’s decision to exercise the right to withdraw from the Product(s) sales agreement at the latest, subject to Article 13.6 below.
7. Miraculum shall reimburse the Consumer with the use of the same payment method as applied by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that does not involve any costs for them. Miraculum may withhold the reimbursement until it receives either the Products or evidence that they have been sent back, whichever comes first.
8. The Consumer is obliged to promptly return the Product(s) to Miraculum or to forward it to a person authorised by Miraculum to collect them, in any case not later than within 14 days as of the day when the Consumer has withdrawn from the agreement at the latest, unless Miraculum has proposed to collect the Product(s) on its own. For the time limit to be met, it shall suffice that the Product(s) are sent back prior to the lapse thereof.
9. The Consumer shall incur any direct costs of returning the Products to Miraculum, i.e. to the address: Miraculum S.A., Jotes Business Park Sp. z o.o., ul. Papiernicza 7, 92-312 Łódź, Poland.
10. The right to withdraw from the Product(s) sales agreement shall not be available if the Product has been delivered in mint condition and packaging has been opened after the delivery of the Product when such a Product may not be returned due to health protection or hygienic reasons.
Article 14 Personal Data
Any information related to the protection of the Clients’ personal data is included in the Personal Data Processing Policy.
Article 15 Copyrights and Other Rights
Miraculum shall enjoy all the rights to the Chopin Online Store, including the proprietary copyrights to the layout of the website or its elements, the rights to trademarks placed on the Products, the rights to the Online Store Database, and the right to use the Chopin Online Store’s web domain.
Article 16 Content Provided by the User
1. The Client must not provide any illegal content, which includes in particular the fact that the Client must not use the Chopin Online Store in breach of any applicable provisions of law or these Terms and Conditions or contrary to public morality or in breach of any rights of third parties.
2. Miraculum is entitled to remove any content posted by the User in connection with the performance of the agreement that is illegal or legitimately suspected to be illegal.
Article 17 Final Provisions
1. In any issues not governed with these Terms and Conditions the provisions of the Polish law shall apply, in particular the Polish Civil Code, and in the case of the Clients that are the Consumers, also the Consumer Rights Act (Journal of Laws of 2017.683 of 30 March 2017).
2. The selection of the law referred to in Article 17.1 above shall not deprive the Foreign Consumer with a domicile in the territory of the European Union of protection available to such a Consumer under regulations which may not be excluded in a contract, by operation of law that pursuant to Article 6(1) of Regulation (EU) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) would be applicable if no law has been selected.
3. These Terms and Conditions shall enter into force on 24 December 2018.
4. These Terms and Conditions may be amended by Miraculum at any time in line pursuant to the following rules:
a) for the Orders placed prior to any amendment of the Terms and Conditions the current principles shall apply;
b) for the Orders placed after the new or amended Terms and Conditions have been published on www.chopinperfumes.pl, the new or amended Terms and Conditions shall apply provided that the Client has accepted them.
5. We inform the Consumers that they may follow an out-of-court complaint handling and claim enforcement procedure. For this purpose, an EU ODR online platform at: http://ec.europa.eu/consumers/odr has been made available. The ODR platform is an interactive and multilingual website with a service centre providing comprehensive services for consumers and entrepreneurs seeking out-of-court settlement of any disputes relating to contractual liabilities under an online sales or service agreement.
Information Clause – the Clients
Pursuant to Article 13 of 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 (EU OJ 119 of 4 May 2016), we inform the Clients that:
the Controller of your personal data is Miraculum S.A. with its registered office in Warsaw, Poland, (02-486), at Aleje Jerozolimskie 184b, e-mail address: firstname.lastname@example.org, entered into the Register of Entrepreneurs of the National Court Register 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, Tax ID (NIP) 7262392016, Statistical ID (REGON) 472905994, with the share capital of PLN 45,000,000.00, whose registration files are held at Pursuant to Article 6(1)(b) of the aforementioned Regulation, your personal data shall be processed for the performance of the agreement.
Recipients of your personal data shall be entities that participate in the performance of the agreement, i.e. the Controller’s staff within their professional obligations, under an authorisation, payment operators in the case of payments by an electronic transfer, bank transfer, or credit card, carrier companies to the extent necessary to deliver the ordered Products, entities supporting accounting and legal processes, providers of IT services, including hosting.
Your data shall be stored for a term of the concluded agreement and for the time necessary to demonstrate its due performance until any potential claims arising out of the agreement are protected and enforced, for the maximum of ten years as of the agreement’s termination or expiry, and for a period prescribed by tax regulations. Nonetheless, the personal data in the scope prescribed by tax regulations shall be processed for six years.
You have the right to request from the controller access to and rectification, or erasure of the personal data or restriction of its processing, as well as the right to data transfer.
You have the right to file a complaint with the President of the Personal Data Protection Office if in your opinion your personal data is processed in breach of the General Data Protection Regulation.
The Controller has not appointed a Data Protection Officer. Any personal data related issues may be reported at the e-mail address: email@example.com [or] at the registered office’s address specified in Section 1.
The data is provided on a voluntary basis, but failure to provide it might result in refusal to perform the agreement.