Statute

Terms and Conditions of the Online Store as of August 22, 2026 (updated).

Terms and Conditions of the mikashop Online Store

specifying, among other things, the rules for concluding contracts through the Store, containing key information about the Seller, the Store, and Consumer rights

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment and Delivery
§ 7 Right of Withdrawal
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Disclaimers and Final Provisions
Annex No. 1: Model Withdrawal Form

§ 1 DEFINITIONS

Working Days – days from Monday through Friday, excluding statutory public holidays in Poland.
Civil Code – the Polish Act of April 23, 1964 – Civil Code.
Consumer – a Buyer who is a natural person buying in the Store or taking actions aimed at making a purchase, without direct connection to their business or professional activity.
Account – a digital service regulated by separate terms within the meaning of the Consumer Rights Act, allowing the Buyer to use additional features in the Store free of charge.
Buyer – any entity making a purchase in the Store or taking actions aimed at making a purchase.
Privileged Buyer – a Consumer or a Privileged Sole Trader.
Privileged Sole Trader – a Buyer who is a natural person concluding or intending to conclude a contract with the Seller based on these Terms directly related to their business activity, but not having a professional character for them.
Terms – these Terms and Conditions.
Store – the mikashop online store operated by the Seller at www.mikashop.pl.
Seller – ES-COM SERVICE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ 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 no. 0001021529, NIP (Tax ID): 7393980392, REGON: 52454866600000.
Consumer Rights Act – the Polish Act of May 30, 2014 on Consumer Rights.

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Stalowa 7, 10-429 Olsztyn, Poland
2. E-mail address: zamowienia-mikashop@es-com.pl
3. Phone: +48 668 460 487
4. The cost of phone calls or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller notes that international call or data roaming charges may be higher than domestic rates, depending on the operator's tariff.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, the following are required:
   • a device with Internet access
   • a web browser supporting JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is required.

§ 4 SHOPPING IN THE STORE

1. Product prices shown in the Store are total prices including VAT. Prices are displayed in PLN or EUR, depending on the Buyer's choice.
2. The Seller notes that the total order price consists of the product price indicated in the Store and, where applicable, delivery costs.
3. The product selected for purchase must be added to the shopping cart in the Store.
4. Next, the Buyer selects the delivery method and payment method from the options available for the destination country, and provides the details necessary to fulfill the order.
5. The order is placed upon confirmation of its content and acceptance of these Terms by the Buyer.
6. Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
7. The Buyer may register in the Store (create an Account) or complete purchases without registration by entering their details for each order.

§ 5 PAYMENTS

1. The following payment methods are available in the Store:
   1. via the SkyPay digital payment gateway:
      • online instant bank transfers (pay-by-link);
      • BLIK and BLIK Pay Later;
      • Google Pay and Apple Pay;
      • payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro;
      • installment payments (e.g., Alior Raty);
   2. traditional bank transfer to the Seller's bank account.
2. If prepayment is chosen (via SkyPay or traditional bank transfer), payment must be made within 3 Working Days from placing the order.
3. By purchasing in the Store, the Buyer consents to the use of electronic invoices by the Seller. The Buyer has the right to withdraw this consent.

§ 6 ORDER FULFILLMENT AND DELIVERY

1. Order processing time is up to 24 hours on Working Days, to which carrier delivery time must be added.
2. If the Buyer selects prepayment, processing begins after payment is cleared.
3. Delivery is available within Poland and to the following European countries: Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, Netherlands, Ireland, Lithuania, Latvia, Germany, Norway, Portugal, Romania, Slovakia, Slovenia, Sweden, Hungary.
4. All domestic and international shipments are handled via DPD courier service (in Poland, DPD Pickup / InPost parcel lockers are also available if active in the cart).
5. Delivery costs within the Republic of Poland:
   1. Free delivery for orders of PLN 199.00 gross or more.
   2. For orders under PLN 199.00 gross, delivery costs PLN 19.99 gross.
6. International delivery costs and conditions (to countries listed in paragraph 3):
   1. Free delivery for orders of PLN 2,500.00 gross (or currency equivalent) or more.
   2. For orders under PLN 2,500.00 gross, standard parcel delivery up to 30 kg costs PLN 123.00 gross (approx. EUR 28 gross depending on selected payment currency).
   3. If total weight exceeds 30 kg, the system automatically splits the order into multiple DPD packages, adding shipping costs accordingly.
   4. For oversized items or individual items over 30 kg, special/pallet freight applies, with custom quotes provided upon request.
   5. Cash on Delivery (COD) is not available for international shipments. Overseas orders require prepayment.

§ 7 RIGHT OF WITHDRAWAL

1. A Privileged Buyer has the right to withdraw from a contract concluded with the Seller via the Store within 14 days without giving any reason, subject to § 8.
2. The withdrawal period expires after 14 days from the date:
   1. on which the Privileged Buyer (or a third party other than the carrier indicated by them) acquires physical possession of the goods;
   2. on which the Privileged Buyer acquires physical possession of the last item/lot, in contracts involving multiple items delivered separately.
3. To exercise the right of withdrawal, the Privileged Buyer must inform the Seller using the details in § 2 via an unambiguous statement (e.g., letter sent by mail or email).
4. The Privileged Buyer may use the model withdrawal form attached to these Terms, but it is not mandatory.
5. Sending notice before the 14-day deadline is sufficient to meet the withdrawal period.
   
   EFFECTS OF WITHDRAWAL

6. In the event of withdrawal, the Seller shall reimburse all payments received, including delivery costs (except additional costs resulting from choosing a delivery method other than the cheapest standard option), without delay and no later than 14 days from notification.

7. Reimbursement will be made using the same payment method as the original transaction unless explicitly agreed otherwise; no fees will be charged as a result.
8. The Seller may withhold reimbursement until receiving the goods back or receiving proof of return shipping, whichever is earlier.
9. Goods should be returned to:
   
   E-commerce / MikaShop.pl
   10-088 Olsztyn, Poland
   ul. Aleja Generała Władysława Sikorskiego 19/u17
   tel. +48 668 460 487
   
   without delay and no later than 14 days from the withdrawal declaration date. The deadline is met if goods are sent back before the 14-day period expires.
10. The Privileged Buyer bears the direct cost of returning the goods.
11. The Privileged Buyer is only liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
12. If goods cannot be returned by regular mail due to their nature, the Privileged Buyer must bear return shipping costs (estimated amounts indicated in item descriptions or during checkout).
13. Refunds for card transactions will be returned to the bank account linked to the payment card used.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal does not apply to contracts for:
   1. non-prefabricated goods made to the Privileged Buyer's specifications or clearly personalized;
   2. goods liable to deteriorate or expire rapidly;
   3. sealed goods unsuited for return due to health/hygiene reasons, if unsealed after delivery;
   4. goods inseparably mixed with other items after delivery;
   5. sealed audio/video recordings or software unsealed after delivery;
   6. newspapers/magazines, except subscription contracts;
   7. goods/services priced according to financial market fluctuations beyond Seller control occurring during the withdrawal window.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller is liable to Privileged Buyers for conformity of performance under applicable law, including the Consumer Rights Act.
2. Complaints regarding products or Store operations should be sent to the postal or email address in § 2.
3. If a product warranty applies, details and terms are available in the Store.
4. The Seller will respond to complaints within 14 days of receipt.

II PRIVILEGED BUYERS

1. Goods
   1. In case of non-conformity of goods, Privileged Buyers may exercise rights under Chapter 5a of the Consumer Rights Act.
   2. The Seller is liable for non-conformity existing at delivery and revealed within two years, unless a longer shelf-life/expiry date was specified.
   3. Privileged Buyers may request:
      1. product replacement,
      2. product repair.
   4. Additionally, Privileged Buyers may submit a statement for:
      1. price reduction,
      2. contract termination
      when:
      • The Seller refused to bring goods into conformity under Art. 43d(2);
      • The Seller failed to bring goods into conformity under Art. 43d(4-6);
      • Non-conformity persists despite repair/replacement attempts;
      • Non-conformity is significant enough to justify immediate price reduction or termination;
      • It is clear from statements/circumstances that conformity will not be achieved within a reasonable time or without significant inconvenience.
   5. The Buyer shall make goods available for repair/replacement; the Seller collects them at its own expense.
   6. Contract termination is not permitted if non-conformity is minor.
   7. Upon termination, the Buyer returns goods at Seller's expense to: ul. Stalowa 7, 10-429 Olsztyn, Poland. Refunds are processed within 14 days of receiving goods or proof of return.
   8. Price reduction refunds are processed within 14 days of receiving the reduction declaration.
2. Out-of-Court Dispute Resolution
   1. Consumers may utilize out-of-court complaint and redress mechanisms. Information is available at designated entities' offices/websites, including:
      • European Consumer Centres (ECC Network) for cross-border assistance: https://konsument.gov.pl/eck-w-europie/
      • European Commission ODR platform: https://ec.europa.eu/consumers/odr
      In Poland, additional resources include:
      • Mediation by Trade Inspection Inspectorates: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
      • Permanent Consumer Arbitration Courts: https://uokik.gov.pl/stale_sady_polubowne.php
   2. This information does not constitute an obligation by the Seller to participate in alternative dispute resolution.
   3. Participation in out-of-court dispute resolution is voluntary for both parties.
   4. Consumers can also seek free assistance from local municipal/county Consumer Ombudsmen.

III NON-PRIVILEGED BUYERS

1. For non-privileged buyers, statutory warranty rights under the Civil Code apply.
2. Warranty claims must be reported within two years of delivery.
3. Commercial buyers must inspect goods promptly and report defects immediately to retain warranty rights.
4. Under Civil Code statutory warranty, non-privileged buyers may:
   1. request price reduction,
   2. terminate contract (for material defects),
   3. request defect-free replacement,
   4. request defect removal.
5. If required for evaluation, defective goods must be delivered to: ul. Stalowa 7, 10-429 Olsztyn, Poland.

§ 10 PERSONAL DATA

1. The Seller is the Data Controller for personal data provided when using the Store. Detailed processing info (legal grounds, purposes, recipients) is available in the Store's Privacy Policy under the EU General Data Protection Regulation (GDPR).
2. Data provided during purchase is processed for order execution based on:
   • contract performance / pre-contractual steps (Art. 6(1)(b) GDPR),
   • legal accounting obligations (Art. 6(1)(c) GDPR),
   • Seller's legitimate interest in establishing/defending legal claims (Art. 6(1)(f) GDPR).
3. Providing data is voluntary but necessary to conclude a contract.
4. Data will be processed until:
   1. the contract expires;
   2. legal storage obligations end;
   3. statute of limitations for legal claims expires;
   4. an objection to processing based on legitimate interest is upheld.
5. Buyers have the right to request:
   1. access to personal data,
   2. rectification,
   3. erasure,
   4. restriction of processing,
   5. data portability,
   as well as the right to object at any time to processing based on Art. 6(1)(f) GDPR.
6. To exercise rights, contact the Seller using details in § 2.
7. Lodging a complaint with a supervisory authority is permitted (in Poland: President of the Personal Data Protection Office – UODO).

§ 11 DISCLAIMERS AND FINAL PROVISIONS

1. Providing unlawful content is strictly prohibited.
2. Each order constitutes a separate contract requiring acceptance of these Terms.
3. Contracts are governed by Polish law, subject to paragraph 4.
4. Choice of Polish law does not deprive Consumers of mandatory statutory protections under their local jurisdiction.
5. Contracts may be concluded in Polish or other languages offered in the Store.
6. Disputes with non-privileged buyers are subject to the exclusive jurisdiction of the court having venue over the Seller's registered office.

Annex No. 1 to the Terms and Conditions

Model withdrawal form (Consumers or Privileged Sole Traders may complete and return this form only if wishing to withdraw):

MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)

ES-COM SERVICE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Stalowa 7, 10-429 Olsztyn, Poland
e-mail address: zamowienia-mikashop@es-com.pl

- I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*) / for the provision of the following service(*):

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- Ordered on^(*)/received on^(*)

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- Name of Consumer(s) / Privileged Sole Trader(s):

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- Address of Consumer(s) / Privileged Sole Trader(s):

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Signature of Consumer(s) / Privileged Sole Trader(s)
(only if this form is notified on paper)

Date ............................................

(*) Delete as appropriate.