MIVI COLLECTION ONLINE STORE TERMS AND CONDITIONS 1. GENERAL PROVISIONS1.1. These Terms and Conditions set out the rules for using the Mivi Collection online store operating at https://mivishop.shop, placing orders, concluding sales agreements, delivery, payments, withdrawal from the agreement, returns, complaints, and the provision of electronic services.
1.2. The Store sells women’s clothing and accessories to consumers and to natural persons concluding an agreement directly related to their business activity, where the content of the agreement indicates that it is not of a professional nature for them, in particular based on the scope of their business activity disclosed in CEIDG.
1.3. The provisions concerning withdrawal from the agreement and lack of conformity of goods with the agreement also apply to entrepreneurs referred to in point 1.2, to the extent resulting from applicable law.
1.4. These Terms and Conditions are made available free of charge before the conclusion of the agreement in a manner allowing them to be saved and reproduced. Acceptance of the Terms and Conditions is required to place an order. The provisions of these Terms and Conditions do not limit the Customer’s mandatory statutory rights.
2. SELLER DETAILS AND CONTACT2.1. Seller: Mivita & Emporio Mateusz Felchner (Mivi Collection).
2.2. Correspondence address: Demlin 99h, 83-209 Godziszewo, Poland.
2.3. Returns address: ul. Pidka 14/U1, 83-010 Straszyn, Poland.
2.4. E-mail:
[mivibiuro@gmail.com](mailto:mivibiuro@gmail.com)2.5. Tax Identification Number (NIP): 592-227-07-10, REGON: 368335400.
2.6. Contact telephone number:
+48 798 797 158.
2.7. Bank account number for payments: PL12 1140 2004 0000 3502 7935 9805 (mBank, SWIFT: BREXPLPWMBK).
3. DEFINITIONS3.1. Seller – the entrepreneur indicated in Section 2 of these Terms and Conditions.
3.2. Store – the Mivi Collection online store available at https://mivishop.shop.
3.3. Customer – a person using the Store or placing an order.
3.4. Consumer – a natural person performing a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
3.5. Product – a movable item offered in the Store, in particular women’s clothing and accessories.
3.6. Business Days – Monday to Friday, excluding public holidays in Poland; international deliveries also take into account public holidays applicable in the country of delivery.
3.7. Account – a free service enabling the Customer to use the Customer panel, including access to order information.
3.8. Terms and Conditions – this document.
4. ORDERS AND CONCLUSION OF THE AGREEMENT4.1. Orders may be placed without registration or after creating a Customer Account.
4.2. The Customer selects the Product and its variant, adds it to the cart, provides correct information required to process the order, selects an available delivery and payment method, and accepts the Terms and Conditions. Before confirming the order, the Customer may review and correct the information entered.
4.3. The order is placed by using a button that clearly indicates the obligation to pay. The order constitutes an offer to purchase the Products under the conditions presented in the order summary.
4.4. After placing an order, the Customer receives an e-mail confirming that the Store has received the order. The automatic confirmation of receipt of the order does not yet constitute acceptance of the Customer’s offer by the Seller.
4.5. The sales agreement is concluded when the Customer is sent information confirming shipment of the order, which constitutes confirmation that the order has been accepted for fulfilment. In the case of personal collection, the agreement is concluded when information is sent confirming that the order is ready for collection.
4.6. The Seller provides confirmation of the conclusion of the agreement together with its terms and these Terms and Conditions on a durable medium, in particular by e-mail, no later than upon delivery of the Product.
4.7. If a Product is unavailable or another issue prevents fulfilment of the order, the Seller will contact the Customer without undue delay. Any change to the Product or agreed fulfilment date requires the Customer’s consent. If the agreement is not concluded, any prepayment received will be refunded without undue delay.
4.8. In the event of a justified suspicion of abuse or false information being provided, the Seller will attempt to clarify the matter with the Customer. This provision does not entitle the Seller to arbitrarily cancel an agreement that has already been concluded.
5. PRICES AND PAYMENTS5.1. Product prices are gross prices, include the applicable taxes, and are presented together with the relevant currency. They do not include delivery costs, which are indicated before the order is placed. The rules regarding additional import charges for deliveries outside the European Union are specified in Section 6.
5.2. The Store offers online payment methods, including instant bank transfers, BLIK and card payments, traditional bank transfer, and cash on delivery, where a given method is available for the selected country, currency and delivery method. The available payment methods and the payment operator applicable to a given transaction are presented to the Customer before the order is placed.
5.3. Online payments may be processed by the following payment operators, depending on the payment method available and selected by the Customer:
a)
Autopay S.A., with its registered office in Sopot, ul. Powstańców Warszawy 6, 81-718 Sopot, Poland, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000320590, NIP 5851351185;
b)
Przelewy24 – PayPro S.A., with its registered office in Poznań, ul. Pastelowa 8, 60-198 Poznań, Poland, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068;
c)
Stripe, including in particular Stripe Payments Europe, Limited and – with respect to the relevant regulated payment services provided within the European Economic Area – Stripe Technology Europe, Limited, in accordance with the Stripe terms of service applicable to the relevant transaction.
5.4. Depending on the selected payment operator and the availability of a particular payment method, payment may be made in particular by instant bank transfer, BLIK, payment card, Apple Pay, Google Pay or other methods made available to the Customer during the ordering process. The availability of individual methods may depend on the country, currency, device, Customer’s bank and payment operator.
5.5. Card payments include in particular Visa and Mastercard cards and other types of cards made available by the relevant payment operator for a given transaction. The currently available payment methods are indicated to the Customer before the order is confirmed.
5.6. In the case of payments processed through Przelewy24, the payment operator is PayPro S.A. If card payments are enabled through Przelewy24, the card payment operator is PayPro S.A. Payment Institution, ul. Pastelowa 8, 60-198 Poznań, Poland, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068.
5.7. In the case of payments processed through Stripe, the data necessary to process and authorize the transaction are transferred to the relevant Stripe entities and other participants in the payment process to the extent necessary to complete the transaction, in accordance with applicable law and the terms of service of the relevant operator.
5.8. The Store does not store the Customer’s full payment card details where such details are entered directly into a secure form provided by the payment operator. Authorization and processing of card payments are carried out in accordance with the rules of the relevant payment operator and payment organization.
5.9. In the case of a traditional bank transfer, payment should be made to the bank account indicated by the Seller in the information concerning the order. The payment deadline, where specified, is presented to the Customer before the order is placed.
5.10. Payment is deemed to have been made upon receipt by the Seller of confirmation of successful transaction authorization from the payment operator or, in the case of a traditional bank transfer, upon the funds being credited to the Seller’s bank account.
5.11. If the payment is not properly authorized, is declined or interrupted, the order may remain unpaid. In such a case, the Customer may retry the payment or use another available payment method.
5.12. Refunds are made using the same payment method used by the Customer, unless the Customer expressly agrees to another method that does not involve any costs for them. A refund of a card transaction is made through the relevant payment operator to the account linked to the card or other payment instrument used for payment, in accordance with the rules of the relevant operator.
5.13. The time required for a refund to be credited to the Customer’s account may depend on the payment operator, bank or card issuer and is independent of the time at which the Seller properly instructed the refund.
5.14. Sales documents are issued and made available in accordance with applicable law. Where the Customer’s consent is required, electronic invoices are sent after such consent has been obtained.
6. DELIVERY, DELIVERY TIMES AND COSTS6.1. Delivery is available within Poland and to countries available for selection during the checkout process. Available delivery methods depend on the country and delivery address.
6.2. Available delivery methods include courier delivery, including in Poland InPost courier with prepayment or cash on delivery, delivery to an InPost Parcel Locker, and personal collection. For international deliveries, the available carrier and delivery method are displayed during checkout.
6.3. Delivery costs depend on the destination country and selected delivery method. Available delivery methods and their prices are presented to the Customer before final confirmation of the order. The order summary indicates the total price of the Products and delivery.
6.4. The total fulfilment time includes preparation of the Product for shipment and transportation time. The preparation time for shipment is stated in the description of the relevant Product and depends on its availability. The designation “shipping within 24H” refers to preparation and dispatch, not delivery of the parcel.
6.5. In the case of card payments, the preparation period begins after successful payment authorisation; in the case of prepayment by bank transfer, after the funds have been credited; and in the case of cash on delivery, from the moment the order is placed. If the Product description specifies a particular shipping date, that date applies provided that the requirements of the selected payment method have been met.
6.6. The estimated courier or parcel locker delivery time is between 2 and 10 Business Days from dispatch, depending on the destination country and delivery method. If a more precise delivery time is provided for a particular method, the Customer receives this information before placing the order. Transportation time must be added to the Product preparation time.
6.7. Personal collection is free of charge and takes place at ul. Pidka 14/U1, 83-010 Straszyn, on Business Days between 9:00 and 15:00, after the Customer has received confirmation that the order is ready and has contacted the Store in advance. No transportation time is added; the preparation time specified for the Product applies.
6.8. If an order contains Products with different fulfilment times, information regarding combined or separate shipment and the fulfilment date should be agreed with the Customer. Splitting the shipment does not result in additional charges without the Customer’s prior consent.
6.9. The Seller delivers the Product without undue delay, no later than within 30 days from conclusion of the agreement, unless the parties have agreed otherwise. A delivery date indicated for a Product and accepted before the order is placed constitutes an agreed fulfilment date. In the event of delay, the Customer retains all rights arising from applicable law.
6.10. Delivery is deemed completed when the Product is handed over to the Customer or to a third party designated by the Customer other than the carrier, subject to exceptions provided by law.
6.11. Shipments outside the European Union may be subject to customs clearance, import and export restrictions and additional charges imposed by the destination country. The Store does not carry out deliveries prohibited under applicable regulations, including sanctions and trade restrictions.
6.12. Customs duties, import taxes and customs clearance charges in the destination country that are not included in the order price are borne by the Customer to the extent permitted by law. Information about the possibility of such charges is provided before the order is placed; their amount depends on the laws of the destination country. If a charge is included in the price, this is clearly indicated.
6.13. Customs clearance may affect the estimated delivery time. This does not exclude the Seller’s liability or the Customer’s statutory rights.
6.14. If the Customer refuses to pay import charges, the parcel may be returned. Any claims relating to costs actually incurred require a legal basis and appropriate documentation. The return of a parcel alone does not automatically justify retaining the entire payment.
7. WITHDRAWAL FROM THE AGREEMENT – 14-DAY RETURN PERIOD7.1. A Consumer may withdraw from a distance agreement within 14 days from taking possession of the Product without providing any reason. If one order is delivered separately, in batches or in parts, the period begins upon receipt of the final Product, batch or part, in accordance with applicable law.
7.2. To withdraw from the agreement, the Consumer must provide the Seller with a clear statement, for example by e-mail to [mivibiuro@gmail.com](mailto:mivibiuro@gmail.com) or by post to the correspondence address indicated in Section 2. The Consumer may use the form provided at the end of these Terms and Conditions or the return function available in the Store, but this is not mandatory. It is sufficient to send the withdrawal statement before expiry of the deadline.
7.3. The Product must be returned without undue delay, no later than within 14 days from withdrawal, to: Mivi Collection, ul. Pidka 14/U1, 83-010 Straszyn, Poland. The deadline is met if the Product is dispatched before it expires.
7.4. The direct cost of returning the Product is borne by the Customer unless the Seller agrees to cover this cost. This rule applies to withdrawal without providing a reason and does not apply to costs associated with bringing non-conforming goods into conformity with the agreement.
7.5. The Seller refunds all amounts due without undue delay, no later than within 14 days from receiving the withdrawal statement. If the Seller has not offered to collect the Product, the Seller may withhold the refund until receipt of the Product or proof of its return, whichever occurs first.
7.6. The refund also includes the cost of delivering the Product to the Consumer, but only up to the cost of the least expensive standard delivery method offered by the Seller for the relevant order.
7.7. Refunds are made using the same payment method used to pay for the order unless the Consumer expressly agrees to another method that does not involve any costs. In the case of card payments, the refund is made to the account linked to the card used for payment.
7.8. Exercising the right of withdrawal does not require providing a reason, having an Account, or purchasing a return label through the Store’s system.
8. CONDITION OF RETURNED PRODUCTS AND EXCEPTIONS TO THE RIGHT OF WITHDRAWAL8.1. The Consumer is liable for any reduction in the value of the Product resulting from use beyond what is necessary to establish its nature, characteristics and functioning. This may include, among other things, signs of use, stains or strong perfume odours. Any reduction in the refunded amount must correspond to the actual decrease in value and must be justified.
8.2. It is recommended that the Product be returned complete, with all elements of the set, tags and packaging, where possible. The absence of tags or original packaging does not in itself remove the right of withdrawal; however, it may be relevant when assessing a decrease in value under point 8.1.
8.3. The right of withdrawal does not apply in statutory cases, in particular to non-prefabricated Products manufactured according to the Consumer’s specifications or intended to meet the Consumer’s individual needs. Choosing a standard size or colour or an extended waiting period does not in itself constitute personalisation.
8.4. The exception concerning sealed goods that cannot be returned after opening for health protection or hygiene reasons applies only where the statutory conditions are satisfied and the packaging was opened after delivery. It does not automatically apply to ordinary clothing or trying on clothing.
8.5. If a statutory exception to the right of withdrawal applies to a particular Product, the Customer is informed of this before conclusion of the agreement.
9. SIZE EXCHANGE9.1. A size exchange, where available, is carried out by returning the Product in accordance with these Terms and Conditions and placing a new order. The Seller may individually agree with the Customer on a simplified exchange procedure.
10. COMPLAINTS, LACK OF CONFORMITY OF GOODS WITH THE AGREEMENT AND WARRANTY10.1. The Seller is responsible for the conformity of the Product with the agreement. In relation to Consumers and persons covered by point 1.3, the provisions concerning lack of conformity of goods with the agreement apply, in particular Chapter 5a of the Polish Consumer Rights Act; they are not replaced by less favourable warranty-for-defects rules.
10.2. Liability covers lack of conformity existing at the time of delivery and disclosed within two years from that date, unless a longer legally established shelf-life or suitability period applies. A lack of conformity disclosed within two years is presumed to have existed at the time of delivery, subject to statutory exceptions.
10.3. The Customer may request repair or replacement. The Seller may offer the other remedy if the remedy selected by the Customer is impossible or would involve excessive costs. If both remedies are impossible or excessively costly, the Seller may refuse to bring the Product into conformity in accordance with applicable law.
10.4. Repair or replacement is carried out within a reasonable period after the Seller has been informed of the lack of conformity and without excessive inconvenience to the Customer. The Seller bears all related costs, including shipping, transport, labour and materials, and collects the Product made available by the Customer at the Seller’s expense.
10.5. A price reduction or withdrawal from the agreement may be requested in circumstances provided by law, in particular where the Seller has refused repair or replacement, has failed to carry them out properly, the lack of conformity continues to exist, the lack of conformity is sufficiently serious to justify immediate exercise of these remedies, or where the circumstances indicate that conformity will not be restored within a reasonable period or without excessive inconvenience.
10.6. A price reduction must be proportionate to the reduction in the Product’s value. Withdrawal from the agreement due to lack of conformity is not available where the lack of conformity is insignificant; however, the lack of conformity is presumed to be significant.
10.7. Complaints may be submitted by e-mail to
[mivibiuro@gmail.com](mailto:mivibiuro@gmail.com) or by post to the Seller’s correspondence address. Contact telephone number: +48 798 797 158. It is recommended to provide contact details, the order number, a description of the lack of conformity and the requested remedy. A receipt is not the only acceptable proof of purchase, and failure to provide the recommended information does not deprive the Customer of the right to make a complaint.
10.8. The Seller responds to a Consumer’s complaint within 14 days from receipt, on paper or another durable medium, such as e-mail. Failure to respond within this period means that the Consumer’s complaint is deemed accepted. Other Customers retain the rights granted to them by applicable law.
10.9. A refund resulting from a price reduction is made without undue delay, no later than within 14 days from receipt of the relevant statement. In the case of withdrawal due to lack of conformity, the Customer returns the Product at the Seller’s expense, and the purchase price is refunded without undue delay, no later than within 14 days from receipt of the Product or proof of its return. Refunds are made using the same payment method unless the Customer expressly agrees to another method that does not involve any costs.
10.10. If a warranty has been provided for a Product, its scope, period, territorial coverage, guarantor and procedure for exercising warranty rights are set out in the warranty statement provided to the Customer. The warranty is voluntary and does not exclude or limit the Customer’s statutory rights against the Seller. The absence of a warranty does not exclude the right to make a complaint.
11. PERSONAL DATA AND PRIVACY POLICY11.1. The controller of personal data is the Seller indicated in Section 2. Contact regarding personal data: [mivibiuro@gmail.com](mailto:mivibiuro@gmail.com).
11.2. Personal data processed includes, in particular, first and last name, delivery and billing address, e-mail address, telephone number, information regarding orders, payments, returns or complaints, and information provided when creating an Account, subscribing to the newsletter or submitting a review.
11.3. Data necessary for entering into and performing an agreement, fulfilling an order and operating an Account is processed pursuant to Article 6(1)(b) GDPR. Legal obligations, in particular accounting and tax obligations, constitute the legal basis under Article 6(1)(c) GDPR. Establishing, pursuing and defending claims is based on the Controller’s legitimate interests under Article 6(1)(f) GDPR. Activities based on consent, including relevant marketing activities, are carried out pursuant to Article 6(1)(a) GDPR and the required consents to marketing communications.
11.4. Data is disclosed to recipients only to the extent necessary, including carriers, payment operators, IT service providers and accounting service providers, in accordance with the Privacy Policy.
11.5. Detailed information regarding the purposes, legal bases and periods of processing, recipients, data subject rights and cookies is available in the
Privacy Policy. A data subject may lodge a complaint with the President of the Polish Personal Data Protection Office. Withdrawal of consent does not affect the lawfulness of processing carried out before consent was withdrawn.
11.6. Data required to fulfil an order does not require separate marketing consent. Refusal or withdrawal of consent to marketing does not prevent the Customer from making a purchase.
12. TECHNICAL REQUIREMENTS AND SECURITY12.1. Use of the Store requires a device with internet access, an up-to-date browser supporting JavaScript and necessary functional cookies and, for orders, Accounts and newsletters, an active e-mail address. Software capable of displaying PDF documents is required where documents are provided in PDF format.
12.2. The Customer should provide accurate information, protect their password and prevent unauthorised persons from accessing their Account. The cost of internet access is governed by the Customer’s agreement with their internet service provider.
12.3. It is prohibited to provide unlawful content, infringe the rights of others or interfere with operation of the Store, including by introducing malicious software or attempting unauthorised access.
12.4. Use of the internet involves risks including fraud, phishing and malicious software. Customers are advised to keep their device and browser up to date and verify the website address before providing personal information.
13. CHANGES TO THE TERMS AND CONDITIONS13.1. These Terms and Conditions may be amended for valid reasons, including changes in law, security requirements, service functionality, payment methods or delivery methods, to the extent necessary to reflect such changes.
13.2. Amendments do not affect acquired rights and do not modify the terms of previously placed orders or concluded sales agreements.
13.3. In the case of changes concerning continuous services such as an Account or newsletter, the Seller informs the Customer at least 14 days in advance on a durable medium, such as e-mail, specifying the scope and effective date of the changes and the right to terminate the service. A shorter notice period may apply only where required by applicable law or where necessary to urgently address a security threat. The Customer may terminate the service before the amendments take effect without incurring any charges.
14. DISPUTE RESOLUTION14.1. Disputes arising from agreements concluded through the Store are resolved by the competent courts of general jurisdiction in accordance with applicable law.
14.2. Consumers may use out-of-court complaint handling and claim enforcement procedures, in particular assistance from the locally competent consumer ombudsman or the Trade Inspection Authority, in accordance with applicable law.
15. CONTACT15.1. Contact regarding orders, returns, complaints and electronic services: telephone +48 798 797 158, e-mail:
[mivibiuro@gmail.com](mailto:mivibiuro@gmail.com) 16. ELECTRONIC SERVICES AND CUSTOMER ACCOUNT16.1. The Store provides the following electronic services free of charge: access to the offer and order form, Customer Account, newsletter, contact form, availability notifications and the ability to submit reviews, to the extent such functions are available in the Store.
16.2. The order form service begins when the Customer starts completing the form and ends after the order is placed or use of the form is discontinued. Contact form and review submission services are one-off services and end after the relevant content is submitted or the Customer decides not to submit it. This does not affect subsequent handling of the message or publication of a review.
16.3. Creating an Account requires completing the registration form, accepting these Terms and Conditions and completing any activation steps indicated by the Store. The Account service agreement is concluded upon successful registration and activation, where required, for an indefinite period.
16.4. The Customer may terminate the Account agreement free of charge and at any time by sending a request to [mivibiuro@gmail.com](mailto:mivibiuro@gmail.com). Deleting an Account does not invalidate orders, deprive the Customer of rights relating to complaints or returns, or result in deletion of data that must be retained on another legal basis.
16.5. An availability notification is provided after the Customer submits an e-mail address for a selected Product and ends after the notification is sent or after an earlier cancellation request is submitted by e-mail. An availability notification does not constitute a reservation of the Product.
16.6. Complaints relating to electronic services may be submitted to [mivibiuro@gmail.com](mailto:mivibiuro@gmail.com) or to the Seller’s correspondence address. It is recommended to indicate the relevant service, a description and date of the issue and the expected solution. The Seller responds on a durable medium within 14 days. The Consumer’s statutory rights, including rights arising from regulations concerning digital services where applicable, remain unaffected.
17. NEWSLETTER17.1. The newsletter is used to send information about offers, new products and promotions. Subscription is voluntary, free of charge and independent of purchases.
17.2. The newsletter agreement is concluded for an indefinite period after successful subscription, granting any required consent to marketing communications and, where applicable, confirmation of the subscription in accordance with the form instructions.
17.3. The subscriber may unsubscribe at any time using the unsubscribe link contained in a message or by contacting [mivibiuro@gmail.com](mailto:mivibiuro@gmail.com), free of charge and without providing a reason.
17.4. The terms of any discount offered for subscribing are presented during subscription or in the message containing the discount code before it is used. Unsubscribing from the newsletter does not affect rights arising from concluded sales agreements.
18. PRODUCT AND STORE REVIEWS18.1. The Customer may submit a review using the available form. A review should concern the Customer’s own experience with the Product or Store. Fictitious reviews, unlawful content, spam, advertisements unrelated to the review and disclosure of another person’s data without a legal basis are prohibited.
18.2. The form may allow the Customer to provide an order number in order to verify the connection between the review and a purchase. The designation “verified purchase” may be assigned only after the information has actually been compared with an order concerning the reviewed Product. The author’s statement alone or entering an order number without verification does not constitute purchase verification.
18.3. Reviews for which a purchase has not been verified should be clearly marked as unverified. Such a designation does not mean that the review is false. Information about the verification method should also be available alongside reviews.
18.4. Reviews may be checked before publication solely for compliance with applicable law and the rules set out in this Section. A negative rating alone does not constitute grounds for refusing publication. The Seller does not alter the meaning of reviews or commission fictitious reviews.
18.5. Reports concerning reviews, requests by authors to remove their reviews and objections regarding moderation may be sent to [mivibiuro@gmail.com](mailto:mivibiuro@gmail.com), indicating the relevant review and the reason for the request. A response will be provided within 14 days.
APPENDIX – WITHDRAWAL FORMThe form may be completed and submitted if the Consumer wishes to withdraw from the agreement. Use of this form is not mandatory.
Addressee: Mivita & Emporio Mateusz Felchner, ul. Pidka 14/U1, 83-010 Straszyn, Poland; e-mail: [mivibiuro@gmail.com](mailto:mivibiuro@gmail.com).
I hereby declare that I withdraw from the sales agreement concerning the following products: ................................
Order number (if known): ................................
Date of conclusion of the agreement / receipt of the products: ................................
First and last name: ................................
Address: ................................
Date: ................................
Signature (only if this form is submitted on paper): ................................
Address for returning products: ul. Pidka 14/U1, 83-010 Straszyn, Poland.
