TERMS AND CONDITIONS

Terms and Conditions of mlisme.com

§1 General Provisions

1.The owner of the website at mlisme.com is Hanna Ciszewska, conducting business under the name Hanna Ciszewska Couture, located at Tadeusza Apolinarego Wendy 1-3, 70-655 Szczecin, Poland. The business is registered in the Central Register and Information on Economic Activity under the Tax Identification Number (NIP): 9552586037 and National Business Registry Number (REGON): 540824102.

2.These Terms and Conditions define the rules for using the Website and its functionalities, including the type and scope of services provided, including electronic services provided by the owner, the conditions and rules for placing orders, technical requirements, the method of concluding and terminating distance contracts, payment terms and conditions, delivery conditions, and the procedure for filing complaints.

3.You can contact the Seller by email at info@mlisme.com or by phone at +48 506 960 468.

§2 Definitions

1.Price – The value expressed in monetary units that the Client is obligated to pay the Seller.

2.Business Day – A weekday from Monday to Friday, excluding public holidays.

3.Delivery – The provision of the Goods to the Client by the Seller.

4.Civil Code – The Civil Code Act of April 23, 1964.

5.Client – An entity purchasing a good for personal consumption and acquiring ownership rights or intending to make a Purchase. It can be a natural person with full legal capacity, and in cases provided by law, a natural person with limited legal capacity, a legal person, or an organizational unit without legal personality granted legal capacity under the law.

6.Consumer – A natural person making a legal transaction with an entrepreneur not directly related to their business or professional activity (as defined in Article 22­1 of the Civil Code).

7.Offer – The proposal of available Products in the Website, including essential information about the Product or Service. The Offer may also contain usage instructions or detailed terms of use (if applicable).

8.Privacy Policy – The document specifying the principles of personal data processing, available at http://mlisme.com/en/privacy-policy/.

9.Product – Any Good or Service within the meaning of Article 2, point 3 of the Act on Counteracting Unfair Market Practices; the Product is payable unless otherwise stated.

10.Physical Product – A product subject to physical shipment by mail/courier or available for personal pickup.

11.Entrepreneur – A natural person, legal person, or an organizational unit without legal personality granted legal capacity by law, conducting business on its own behalf, using the Website.

12.Entrepreneur with Consumer Rights – A natural person concluding a contract directly related to their business activity, where it is evident that the contract does not have a professional character for them, particularly considering the subject of their business activity as published in the Central Register and Information on Economic Activity.

13.Terms and Conditions – These sales terms defining the rules of using the Website, placing orders, and fulfilling orders by the Seller.

14.Website – The mlisme.com site where the Seller sells Products.

15.Seller – Hanna Ciszewska, conducting business under the name Hanna Ciszewska Couture, located at Tadeusza Apolinarego Wendy 1-3, 70-655 Szczecin, Poland. The business is registered in the Central Register and Information on Economic Activity under NIP: 9552586037 | REGON: 540824102.

16.Goods – An item that is the subject of the agreement between the Seller and the Client.

17.Contract – A mutual agreement between the Seller and the Client specifying their rights and obligations.

18.Distance Contract – A contract concluded without the simultaneous physical presence of the parties, using one or more means of remote communication until the conclusion of the contract.

19.Service – Any activity that involves an element of immateriality, affecting the Client or their property, without transferring ownership rights.

20.Electronic Service – A service provided electronically via the Website; a service within the meaning of Article 2, point 4 of the Act on the Provision of Electronic Services.

21.User – An entity using the Website.

22.Purchase – The transfer of ownership to the Client, either for payment or free of charge.

§3 Electronic Services in the Website

1.The following electronic services are available on the Website: Language version change, User account, Newsletter, Search engine, Product filtering.

2.These services are provided within the scope directly described on the Website.

3.The provision of electronic services to Clients via the Website is carried out under the conditions set out in the Terms and Conditions.

4.Using electronic services involves data transmission via the internet, which carries risks associated with this network.

5.It is forbidden to transmit unlawful and illegal content, including but not limited to materials promoting terrorism, depicting child exploitation, promoting racism and xenophobia, or violating intellectual property rights.

§4 Conclusion of Contracts

1.         The Terms and Conditions and the Offer define the rules of cooperation and contract execution conditions.

2. The Terms and Conditions are made available to the Client free of charge at the bottom of the Website. The content of the Terms and Conditions can be recorded by the Client by downloading, saving, or printing it at any time from the Website.

3. The Client cannot place an order using incorrect personal data, anonymously, or under a pseudonym.

4. The Terms and Conditions and the Offer do not limit or exclude the rights of a Client who is a Consumer or an Entrepreneur with Consumer Rights, which arise from mandatory legal provisions.

5. In case of discrepancies between the content of the Terms and Conditions and the Offer, the Offer shall prevail.

6. The Contract is concluded upon clicking a button explicitly indicating the intention to purchase with an obligation to pay or upon the explicit confirmation of an order via electronic means.

7. Order receipt will be confirmed electronically. The contract is concluded upon receiving the order confirmation/shipping confirmation in a separate message.

8. The Client is prohibited from submitting illegal content and must use the Website in accordance with applicable law, the Terms and Conditions, and good practices, respecting personal rights and intellectual property rights, particularly copyrights held by the Seller or third parties, and in a manner that does not disrupt the Website’s functionality

§5 Price

1.The Price is a gross amount and includes all taxes required by law, unless otherwise explicitly stated in the Offer.

2.The Seller informs that they are not a VAT payer.

3.The Price does not include delivery costs or other additional costs, which the Client is obligated to cover. The Client will be informed of these costs before placing an order.

4.A reduced Price refers to the discounted price of a Product.

5.The lowest Price is the lowest price of a Product that was valid in the 30 days before a discount was introduced. If a Product was offered for sale for less than 30 days, the lowest Price is the one valid from the start of the sale until the discount was introduced.

6.The Seller reserves the right to change Product prices and conduct or cancel promotional campaigns. Any price changes apply from the moment they are introduced on the Website and do not affect already concluded Contracts. Promotions conducted by the Seller cannot be combined unless the terms of a given promotion state otherwise. Detailed information is provided in the terms or regulations of each promotion

§6 Terms of Cooperation and Placing Orders in the Website

1. The Client may use the Website 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays, or public holidays are processed on the next Business Day. The Seller reserves the right to temporarily disable the Website for technical reasons.

2.The Seller uses external payment operators to offer online payment services.

3.The Client may choose the following payment methods for ordered Products: a. Bank transfer – payable directly to the Seller’s account after prior contact with the Seller. In the case of bank transfer payments, the product will be shipped after the payment is received and credited to the Seller’s bank account. b. Electronic transfer – via PayU, Stripe. To complete the payment, the Client will be redirected to the payment service provider’s website under the terms specified by that provider.

4.The Client is obliged to make the payment immediately after placing the order unless otherwise stated in the Offer or the selected payment method.

5.To purchase Products through the Website, the Client must: a. Select the desired Product(s) from the available options on the Website by clicking the “Add to cart” button or an equivalent button; b. After selecting the Products, provide the required information (e.g., Client’s details, payment method, delivery method); c. Review the total price for the selected Products, including delivery costs and any other additional costs resulting from the order; d. Accept the Terms and Conditions and finalize the order by making the payment according to the selected payment method. After placing the order, the Seller will send a confirmation to the Client’s email address.

6.Once the Contract is concluded, the Seller will also provide the Client with its terms, unless they were provided before the Contract was concluded.

7.The Seller has the right to cancel an order if the Client fills out the order form in a way that makes its proper fulfillment impossible, despite being requested to correct or complete the data, under the penalty of order cancellation, or if the Client fails to make the payment within 7 days from the time the order was placed.

8.The Seller reserves the right to refuse or cancel an order if it was placed using software, bots, crawlers, spiders, or any automated system, script-based behavior, or third-party services used to place an order on behalf of a user

§7 Physical Product – Order Fulfillment

1.If one or more items are no longer available, the Client will be informed via email that the purchase contract for the unavailable items cannot be concluded.

2.The ordered Product will be shipped to the Client after the full payment, including delivery costs, has been received.

3.Orders are fulfilled within the entire territory of Poland. If the estimated delivery time is given in Business Days, it refers to all weekdays from Monday to Friday, excluding public holidays.

4.Orders may be fulfilled outside of Poland if the available delivery methods include shipment to the desired country.

5.The ordered Goods will be dispatched no later than 14 days from the date of purchase unless otherwise stated in the Offer.

§8 Technical Requirements

1.The Client may use the Website in accordance with applicable laws and these Terms and Conditions.

2.The Seller declares that the public nature of the Internet and electronic service provision may involve risks of unauthorized access and modification of Client data by unauthorized parties. Clients should take appropriate technical measures to minimize these risks.

3.To use the Website or place an order, the Client must have: a. A current version of a web browser supported by the manufacturer with Internet access (e.g., Opera, Mozilla Firefox, Google Chrome); b. An active email account.

4.If additional technical requirements are necessary to use the Website or Products, the Client will be informed before using the Website or before placing an order.

§9 Complaints

1.The Seller is responsible for ensuring that the Product complies with the contract, as outlined in Articles 43a and subsequent provisions of the Consumer Rights Act.

2.This section specifies the liability for compliance of the delivered Goods with the contract, applicable to Consumers and Entrepreneurs with Consumer Rights for contracts concluded on or after January 1, 2023.

3.For contracts requiring the transfer of ownership of Goods, including sales contracts, supply contracts, and contracts for the creation of a product that is considered a Good, the provisions of Title XI, Book Three, Chapter II of the Civil Code of April 23, 1964, do not apply; instead, the Consumer Rights Act applies. These Terms and Conditions do not aim to limit or modify these regulations.

4.If the Product does not conform to the contract, the Client may request repair or replacement, or in cases specified in the Consumer Rights Act, withdraw from the contract.

5.The Seller may offer a replacement if the Client requests a repair, or offer a repair if the Client requests a replacement, provided that the chosen method is impossible or would require excessive costs for the Seller. If both repair and replacement are impossible or excessively costly, the Seller may refuse to bring the Product into conformity with the contract.

6.If the Product does not conform to the contract, the Client may submit a statement of price reduction or contract withdrawal if: a. The Seller has refused to bring the Product into conformity with the contract; b. The lack of conformity persists despite the Seller’s attempts to rectify the issue; c. The lack of conformity is significant enough to justify an immediate price reduction or withdrawal from the contract; d. The Seller has explicitly stated or circumstances indicate that the Product will not be brought into conformity with the contract within a reasonable time or without excessive inconvenience to the Client.

7.The Client cannot withdraw from the contract if the non-conformity of the Product is minor.

8.In case of withdrawal from the contract, the Client must promptly return the Product to the Seller at the Seller’s expense. The Seller will refund the Client the Price along with the original delivery costs (up to the cost of the cheapest standard delivery method offered by the Seller) immediately, but no later than 14 days from receiving the returned Product or proof of its return shipment.

9.Complaints can be submitted in writing or via email to info@mlisme.com. The complaint should include details that enable identification of the Client, the subject of the complaint, and the Client’s request regarding the issue.

10.If the complaint lacks necessary details preventing its processing, the Seller will request the Client to provide the missing information under penalty of leaving the complaint unresolved. The Client may use the complaint form provided as Appendix No. 2 to these Terms and Conditions.

11.Complaints will be handled immediately, no later than 14 days from the date of submission. The Client will receive a response via email to the address from which the complaint was submitted.

12.If there are deficiencies in the complaint submission, the Client will be promptly informed and given instructions on how to complete the submission.

13.The provisions of this section do not apply to Goods that serve solely as a carrier of digital content.

14.The provisions of this section concerning Consumers apply accordingly to contracts concluded by Individual Entrepreneurs with Consumer Rights

§10 Warranty

1.In addition to rights arising from statutory warranty, certain Goods may be covered by a warranty. In such cases, warranty information will be specified in the Offer or in a separate document, in accordance with the principles set forth in the Consumer Rights Act.

§11 Right of Withdrawal

1.This section defines the rules for withdrawal from the contract by Consumers and Entrepreneurs with Consumer Rights.

2.A Client who is a Consumer or an Entrepreneur with Consumer Rights has the right to withdraw from the contract within 14 days, subject to the provisions below. To exercise the right of withdrawal, the Client must inform the Seller by means of an unequivocal statement, for example, via email or by sending a letter to the address specified in the Terms and Conditions. A sample withdrawal form is provided in Appendix No. 1 to these Terms and Conditions.

3.The right of withdrawal does not apply to certain types of contracts, of which the Client will be informed before placing an Order.

4.The Client mentioned in paragraph 2 is responsible for any decrease in the value of the Product resulting from its use in a manner beyond what is necessary to establish its nature, characteristics, and functionality.

§12 Returns – Effects of Withdrawal from the Contract

1.In the event of withdrawal from the contract by the Client, the Seller is obligated to promptly, but no later than within fourteen days from the date of receiving the withdrawal notification, refund all payments received from the Client, including the cost of delivery (excluding additional costs that may arise due to the Client choosing a delivery method other than the cheapest standard delivery method offered by the Seller).

2.The Client may submit a return request via email to info@mlisme.com or using the form available on the Website.

3.The return address is: AS YOU WISH | Andrzeja Struga 78, 90-557 Łódź. 

The refund will be processed using the same payment method the Client used for the original transaction unless another payment method is expressly agreed upon with the Client.

4.The Seller reserves the right to refuse to issue a refund until the returned Product has been received or until the Client provides proof of its return shipment, whichever occurs first.

5.The Client is obligated to return or hand over the Product to the Seller immediately, but no later than fourteen days from the date of informing the Seller about the withdrawal from the contract. The deadline is considered met if the Product is sent before the expiry of the fourteen-day period.

6.The Seller will refund the Client the cost of delivering the Product, up to the amount of the cheapest standard delivery method offered in the Store. The Seller is not obligated to refund the difference in delivery costs.

7.The Seller does not cover the cost of return shipping in the case of withdrawal from the contract within the 14-day period

§13 User Panel

1.The Seller may create a User Account for the Client, an individual panel set up for the Client by the Seller, enabling access to the Seller’s Products after registration and conclusion of a free agreement for the creation and maintenance of the User Account, hereinafter referred to as the Account. The agreement for the creation and maintenance of a User Account is concluded for an indefinite period.

2.The Client may create a User Account after registering on the Website, hereinafter referred to as the Account. The agreement for the creation and maintenance of a User Account is concluded for an indefinite period.

3.The Client may not have multiple User Accounts or share their User Account with third parties.

4.The Seller will send information related to the User Account to the email address provided by the Client. The Client is responsible for setting an individual password for the Account. The Client must set an individual password even when the system automatically generates a password during registration. After registering the Account, the Client should promptly set a new password.

5.The Client may request the deletion of their User Account by sending an email or another accepted form of communication to the Seller, observing a 14-day notice period without providing a reason.

6.Deleting a User Account may result in the loss of access to Products available within the Account.

7.The Seller may terminate the agreement for the creation and maintenance of a User Account: a. For valid reasons, with a 14-day notice period (applicable to Clients who are Consumers or Entrepreneurs with Consumer Rights). A valid reason includes, in particular, the Client’s violation of the Terms and Conditions or legal regulations, as well as actions contrary to good customs; b. Without stating a reason, with immediate effect (applicable to Clients who are not Consumers or Entrepreneurs with Consumer Rights).

§14 Image Use

1.The Client is aware that their image shared in cooperation with the Seller may be processed by the Seller, including recorded and distributed for educational, archival purposes, and in relation to the execution of the Agreement.

2.By enabling their camera during an online transmission (webinars/online meetings) or by providing their image to the Seller in any other way, the Client consents to the recording, use, and distribution of their image in the form of photographs/recordings from the online transmission/cooperation for the purposes mentioned in section 1.

3.Processing the Client’s image for marketing and promotional purposes requires separate consent.

4.The Client’s image, as mentioned above, may be used in various forms of electronic processing, cropping, and composition, and may be combined with images of other participants of the online transmission. The video and audio recordings with the Client’s participation may be edited, modified, and incorporated into other materials produced as part of the Seller’s activities. The consent includes all forms of publication.

5.The Client may not record, use, or distribute the image of other participants/presenters without their prior consent.

§15 Copyrights and Licenses

1.All materials made available by the Seller, including Products, photos, texts, graphics, multimedia, and trademarks, are works within the meaning of the Copyright and Related Rights Act and are legally protected.

2.The copyrights to these materials belong to the Seller or another entity from which the Seller has obtained the appropriate license. The Seller may also use the materials based on another legal basis.

3.All materials made available by the Seller may only be used by the Client for personal use unless otherwise stated in the Offer. Unauthorized distribution, sharing, downloading, or reproduction of these materials beyond the scope of permitted use is prohibited.

4.The Seller grants the Client a non-exclusive license, without the right to sublicense and without territorial limitations. The time limits are specified in the Offer or in these Terms and Conditions. The license fee is included in the price.

5.The Client has the right to use the materials within the following fields of exploitation: a. Recording and reproduction of the work – production of copies of the work using specific techniques, including printing, reprography, magnetic recording, and digital recording for personal use; b. Distribution of the original physical Product – placing the original into circulation, lending, or leasing the original; c. Public dissemination of the work in ways other than those specified in point (b) – public performance, exhibition, display, playback, and broadcasting, as well as public access to the work so that anyone can access it at a place and time of their choosing.

6.If the Client violates the prohibition mentioned in this section, including violating copyrights, the Seller has the right to seek compensation and redress. The Client may be held civilly or criminally liable in this regard.

7.The Seller has the right to periodically update the Products.

8.These Terms and Conditions are subject to the laws of Poland

§16 Force Majeure

1.During the occurrence of force majeure, the Parties to the contract shall be released from any liability for its non-performance or improper performance, provided that the circumstances of force majeure constitute an obstacle to fulfilling the contract. The above also applies to the period immediately preceding or following the force majeure event if, during that time, the impact of force majeure prevented contract execution.

2.”Force majeure” shall be understood as an event of sudden or natural origin, independent of the will and actions of the Parties, which could not have been foreseen and was impossible to prevent, particularly events such as floods, wars, acts of terrorism, or the introduction of a state of emergency.

3.If the Client resides outside the Seller’s country, they should inform the Seller of this fact, providing their place of residence/business to ensure proper tax settlement in accordance with applicable regulations.

4.In using the Products, it is prohibited to act in a manner contrary to the law, good morals, or infringing on the personal rights of third parties, as well as to provide unlawful content.

§17 Dispute Resolution and Consumer Rights

 1.Consumers have the right to seek amicable dispute resolution and complaint handling. A Consumer may apply to: a. A permanent consumer arbitration court with a request to resolve a dispute arising from the concluded contract; b. The provincial inspector of the Trade Inspection with a request to initiate mediation proceedings to amicably resolve the dispute between the Client and the Seller; c. The district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection, to seek assistance in matters related to the contract; d. Alternatively, they may use the ODR platform, which serves as an online dispute resolution mechanism for Consumers and Entrepreneurs: http://ec.europa.eu/consumers/odr.

2.The Seller reserves the right to amend the Terms and Conditions for valid reasons, particularly due to changes in applicable laws requiring corresponding changes to these Terms and Conditions, especially modifications to the Civil Code, the Consumer Rights Act, or the Act on Electronic Service Provision, as well as mandatory decisions issued by regulatory authorities such as UOKIK, PUODO, or court rulings necessitating modifications to these Terms and Conditions. Significant business factors may also justify amendments, provided a causal link exists between such factors and the Seller’s costs of service provision.

3.The applicable law is Polish law, subject to section 5.

4.The competent court shall be a Polish court, subject to section 5.

5.In the case of a Client who is a Consumer, the provisions of these Terms and Conditions do not deprive the Consumer of protection granted by the laws of the country in which they have their habitual residence, which cannot be excluded by an agreement. If the laws in the Consumer’s country provide more favorable regulations that cannot be contractually waived, they shall apply to the contract between the Client and the Seller.

6.The principles governing the processing of personal data are regulated in the Privacy Policy.

7.These Terms and Conditions come into force on March 20, 2025.

§18 Additional Provisions for Entrepreneurs

1.The provisions of this section apply to Entrepreneurs who are not Entrepreneurs with Consumer Rights.

2.The competent court for resolving disputes arising between the Seller and an Entrepreneur who is not an Entrepreneur with Consumer Rights shall be the court with jurisdiction over the Seller’s registered office, except for Article 46 § 2 of the Code of Civil Procedure.

3.The Seller has the right to terminate the contract with an Entrepreneur who is not an Entrepreneur with Consumer Rights immediately. To do so, the Seller shall send a notice of contract termination to the Entrepreneur via email or postal mail. The Entrepreneur waives any claims in this regard.

4.The Seller shall not be liable for lost profits concerning an Entrepreneur who is not an Entrepreneur with Consumer Rights.

5.The warranty liability for physical and legal defects of the sold item is excluded concerning Entrepreneurs who are not Entrepreneurs with Consumer Rights. Such Entrepreneurs are required to inspect the goods upon receipt and report any concerns immediately upon delivery.

6.Entrepreneurs who are not Entrepreneurs with Consumer Rights are not entitled to withdraw from the contract.

7.The provisions regarding returns and complaints set forth in these Terms and Conditions do not apply to Entrepreneurs who are not Entrepreneurs with Consumer Rights.

8.The Seller’s liability towards an Entrepreneur who is not an Entrepreneur with Consumer Rights is limited to twice the Seller’s remuneration for the executed contract unless the damage was caused intentionally