Website Terms of Use (DSA) PL

The online store mikashop, available at www.mikashop.pl, is operated by:

ES-COM SERVICE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. Stalowa 7, 10-429 Olsztyn, Poland, entered into the Register of Entrepreneurs of the National Court Register maintained by the DISTRICT COURT IN OLSZTYN, VIII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS number 0001021529, NIP (VAT ID): 7393980392, REGON: 52454866600000.

To contact us, you can use the following forms of electronic communication:

• e-mail: zamowienia-mikashop@es-com.pl
• contact form available at: https://mikashop.pl/contact

Independently of electronic communication channels, telephone contact is also possible at the number:
+48 668 460 487

You can contact us in Polish and English.

We allow you to submit content that is stored within our website.

This content includes:

• product (and service) reviews,
• comments,
• feedback.

On our website, anyone can post a product review. Therefore, we do not ensure that published reviews originate from consumers who have used or purchased the given product.

Please remember that when using our website, you must not submit illegal content (in particular content such as incitement to hatred, terrorist content, and unlawful discriminatory content), or content that becomes illegal under applicable provisions of national or European Union law because it relates to illegal activities. For example, illegal content includes activities such as:

• sharing images depicting child sexual abuse,
• unlawful sharing of private images without consent,
• cyberstalking,
• unauthorized use of copyright-protected materials,
• illegal offering of accommodation services,
• illegal sale of live animals.

You should also not submit content that violates the rules of social coexistence or is inconsistent with the terms of service, including provisions, rules, terms, and regulations associated with our website – to the extent that they apply to the content you provide within the website.

In particular, when using our website, it is prohibited to post content that may constitute:

• Demeaning, offensive, or disparaging materials: any content that may be considered offensive or humiliating, as well as content that may infringe upon anyone's good name.
• Erotic content: pornographic materials or other content of an explicit sexual nature.
• False information and disinformation: disseminating false information or content that misleads users, particularly regarding the state of medical or scientific knowledge.
• Propaganda and totalitarian ideologies: materials promoting ideologies or actions deemed illegal in Poland or the European Union or undermining the values of a democratic state based on the rule of law.
• Spam and unsolicited promotional information: sending or publishing unsolicited advertising or marketing materials.
• Infringement of intellectual property rights: publishing content without appropriate rights or licenses, violating copyrights or industrial property rights.
• Impersonation of other users: pretending to be someone else or posting content on behalf of another person without their consent.
• Content unrelated to the website's scope: publishing materials that are not related to the theme or purpose of the website.
• Content generally considered obscene: including profanity.

If you wish to report illegal content to us, please contact us via the Point of Contact, details of which are provided at the beginning of these terms.

Please include the following in your report:

• A sufficiently substantiated explanation of the reasons why you allege that the relevant information constitutes illegal content.
• A clear indication of the exact electronic location of the information, such as the exact URL address or addresses, and, where applicable, additional information enabling the identification of the illegal content, appropriate to the type of content and specific type of hosting service.
• Your first and last name or entity name and email address – except for reports concerning information considered to be related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU (i.e., child sexual abuse and child pornography offenses).
• A statement confirming your good faith belief that the information and allegations contained in the report are accurate and complete.

Simply include this information in your message. You may use the notice form template provided at the end of this document.

We collect this information pursuant to Article 16(2) of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act, "DSA").

If you submit your report by e-mail or provide your electronic contact details in it, we will confirm receipt of the notification.

We will also inform you about the actions taken regarding the illegal content you reported and about the possibilities to appeal our decision.

User-provided content is moderated by us in response to user reports. We may also take such actions on our own initiative.

We respond to all reports regarding possible violations of law or rules of social coexistence, provisions, rules, terms, and regulations related to our website. We immediately take appropriate action to remove or disable access to illegal content as soon as we obtain such knowledge or notice.

Please note that we are under no obligation to proactively search for illegal content.

However, we employ automated detection mechanisms for potentially illegal content on our own initiative, in good faith, and with due diligence.
Content may also be reviewed manually by us, without the use of automated tools.

Content moderation takes place based on legal provisions, in particular the provisions of the Digital Services Act (DSA).

In the event of taking action against content that is illegal or non-compliant with the rules described in this document, we inform all affected recipients – provided we know their electronic contact details – about the restrictions imposed on the content or the user responsible for it, to the extent applicable given the nature of the service or other binding contract provisions, in the form of:

• Restrictions on the visibility of specific information provided by us, including content removal, disabling access to content, or demoting content.
• Suspension, termination, or other limitation of monetary payments.
• Suspension or termination of the provision of the service in whole or in part.
• Suspension or closure of the service recipient's account.

Every action taken by us will be accompanied by a statement of reasons.

We may refrain from providing such notice if the content constitutes high-volume misleading commercial content.

Complaints and claims regarding the use of the website can be submitted via the Point of Contact, details of which are indicated at the beginning of these terms.

We handle complaints and claims within 14 days of receiving them.

Detailed complaint procedures are specified in other regulations. Links to those regulations can be found at the end of these terms, in the section: "Other terms and policies".

To ensure proper use of the website, the following technical requirements must be met:

• an active email account,
• a device with Internet access,
• a web browser supporting JavaScript and cookies.

The rules governing the processing of personal data and the use of cookies are set out in the Privacy Policy available at: https://mikashop.pl/news/n/134/Polityka-prywatnosci

The following also apply to your use of our website and services available through it:

• Store Terms & Conditions - https://mikashop.pl/news/n/67/Regulamin

These Terms serve as a supplement to the documents referenced above.

In order to streamline the process of reporting illegal content, we encourage you to submit information according to the template below. Using the template is NOT mandatory.

Notifier's full name: ………………………….

Notifier's e-mail address: ………………………….

(Fields for notifier data do not apply to notices concerning information considered to be related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU, i.e., child sexual abuse and child pornography offenses)

URL address(es) where the reported content is located:
…………………………………………………………………………………………………………

Any additional information that will help identify the reported content:
…………………………………………………………………………………………

Substantiated explanation of the reasons why I allege that the reported information constitutes illegal content:
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………

I declare that I have a good faith belief that the information and allegations contained in my notification are accurate and complete.