Terms and Conditions

General Terms and Conditions (GTC)

MILUTKA

www.milutka.com

Company details :

UBRA RADOSŁAW PETRYKOWSKI,

Słowackiego 11 lok.10U

Ełk (19-300) -POLAND

VAT number: PL8481539365

e-mail: [email protected]

1. GENERAL PROVISIONS AND SCOPE OF APPLICATION

1. The order processing and delivery that underlie all orders placed under the offer on www.milutka.com are made exclusively in accordance with the present General Terms and Conditions of Sale. No provisions contrary to or deviating from the General Terms and Conditions of Sale (GTCS) shall apply.

2. These General Terms and Conditions apply to both Consumer Customers and Professionals, using the services of the Online Shop, the Electronic Services or those who conclude Sales Contracts.

3. In these GCS, the term "Consumers" is used to designate natural persons who act for purposes that do not fall within the scope of their commercial, industrial, artisanal or liberal activity. On the other hand, the term "Professionals" is used to designate natural persons or legal entities, whether public or private, who act, including through the intermediary of another person acting in their name or on their behalf, for purposes which fall within the scope of their commercial, industrial, craft or liberal profession activity with regard to the present contract. The term "Customer" is used in these GCS in reference to both consumers and professionals.

4. Confirmation of the order by the Customer implies full and unreserved acceptance of these General Terms and Conditions by the Customer. The general terms and conditions in force at the time of confirmation take precedence over all previous versions and over those in force in MILUTKA stores.

5. In particular, these GTC specify the various stages necessary for the Customer to place an order, the terms of payment and delivery, and how the Customer's order is to be monitored.

2. E-SERVICES IN THE ONLINE STORE

1. The Vendor provides the following electronic services to Customers via the Online Shop:

1. One account,

2. Newsletter.

3. The ability to place Orders and conclude Sales Contracts.

2. The Customer can use the Account after completing the following steps:

1. complete the registration form and accept the provisions of these GTC,

2. validate your registration by clicking on the (save) button.

3. The Service Use Agreement will be concluded upon receipt by the Customer of the confirmation of conclusion of the Service Use Agreement, sent by the Seller to the e-mail address provided by the Customer at the time of registration. The Account is provided free of charge for an indefinite period. The Customer may, at any time and without reason, delete the Account by sending a request to the Vendor, notably by e-mail to the following address [email protected]

4. Use of the Newsletter service is only possible after the Customer has completed the following steps:

1. has indicated an e-mail address in the corresponding field on the website, has checked a corresponding box in order to receive commercial information through a given channel,

2. has expressed his express consent by accepting these GTC by clicking on the activation link sent by the Vendor to the Customer's e-mail address.

3. PRODUCTS

1. The Products offered for sale are those available at the time of confirmation and payment of the order by the Customer. MILUTKA reserves the right to modify its offer at any time, in particular by adding, modifying or removing Products.

2. In accordance with articles L. 111-1 and L. 111-4 of the French Consumer Code, the essential characteristics and prices of Products sold electronically are available on the Site. The Products are presented in accordance with legal requirements and as accurately as possible.

3. Differences between the Products delivered and those shown on the Site or in the catalog may exist, mainly in the case of handcrafted Products for which the homogeneity of production cannot be perfectly guaranteed, or for those that have undergone adaptations due to technical or technological developments.

4. Such differences, insofar as they do not concern the essential characteristics of the Products and do not affect their quality, shall not justify cancellation of the order or refusal of delivery.

5. The Customer is solely responsible for the choice of Products, their storage and use.

6. MILUTKA undertakes to supply Products that comply with the regulations in force relating to the health and safety of persons in accordance with European provisions, and in particular with the legislation on chemical substances with a restricted content.

4. ORDERS

1. Any order implies acceptance of the prices and description of the Products available for sale.

2. The Customer completes his order in the following five steps:

1. Step 1: The Customer adds the selected Products to the shopping cart. The basket can be accessed at any time to modify or validate it. You can then return to the pages of our online store using the "Continue shopping" button and place other items in your basket as described above. You can access your basket at any time by clicking on the "My basket" link at the top right of each page, and place your order from there.

2. Step 2: The customer chooses a delivery method, the costs of which are indicated for paid delivery methods ;

3. Step 3: The customer enters their full contact details or checks and updates them if they are logged in to their account ;

4. Step 4: When validating the order summary, the Customer expressly accepts the general terms and conditions of sale in force on the Site;

5. Step 5: The customer chooses their payment method and is then redirected to the secure payment site where they enter their bank details;

At the end of these steps, the customer is taken to a page indicating that the order has been validated.

3. Within an hour of placing the order, the Customer will receive an e-mail confirming: that the order has been registered, details of the Products ordered, the amount of the order including delivery charges, personal details including delivery address, and that the Customer's credit card will be debited at the time the order is placed.

4. If one or more products ordered are not available, MILUTKA undertakes to inform the Customer by e-mail as soon as possible.

5. Communications, order confirmations and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1375 of the French Civil Code. These communications, order confirmations and invoices may be produced as proof of the contract.

6. In accordance with article L 213-1 of the French Consumer Code, order details are archived on a secure server for a period of ten years.

7. Contracts are concluded by the Vendor in the French language.

5. PRICE / PAYMENT

1. The prices of the Products are indicated in Euros, taxes related to the sale of the Products, including VAT, included.

2. MILUTKA reserves the right to modify its sales prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order. In the event of an obvious typographical error in the selling price of a product, MILUTKA will inform the Customer of said error as soon as possible and cancel the order for said product.

3. Orders must be paid for by bank transfer, credit card or online payment via Worldline Switzerland Ltd.

4. However, MILUTKA reserves the right to refuse certain methods of payment for each order. There is no absolute right to a particular method of payment.

5. Initially, when validating your order, only a reservation on your card will be made. Your bank account will be debited once your order has been validated.

6. MILUTKA reserves the right to send payment invoices to customers exclusively in electronic form.

7. The transfer of ownership of the products delivered is subject to full payment of the price and its accessories by the Customer.

6. DELIVERY

1. The product is delivered to the delivery address given at the time of the order anywhere in France.

2. The customer is required to provide all the exact information necessary for delivery: exact address, access code, telephone number to be used for delivery the Customer can be contacted, etc. If the information required for delivery is not provided, MILUTKA may cancel the order.

3. Time to prepare your order for shipment will be approximately 2-5 days. Orders are processed from Monday to Friday (except public holidays). At certain times, the processing time may be longer due to the greater number of orders to be processed.

4. On receipt of the order, the customer must check the external appearance of the package and, if necessary, express any reservations to the carrier.

5. Pursuant to Article L.216-2 of the French Consumer Code, in the event of MILUTKA failing to meet its obligation to deliver the product within the period indicated at the time of the order (or, failing this, no later than thirty (30) days after the conclusion of the contract), the Customer may terminate the contract, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having enjoined MILUTKA, under the same terms and conditions, to make delivery within a reasonable additional period, the latter has not complied within this period. The contract shall be deemed to have been terminated upon receipt by MILUTKA of the Customer's letter or writing informing MILUTKA of such termination, unless MILUTKA has performed in the meantime.

6. When the contract is terminated under the conditions set out in article L.216-2 of the French Consumer Code, MILUTKA is obliged to reimburse the Customer for all sums paid, at the latest within fourteen (14) days of the date on which the contract was terminated.

7. The delivery period is extended in the event of force majeure.

8. The risks of the Product are transferred to the Customer upon delivery by MILUTKA's carriers on the delivery date agreed with them.

9. MILUTKA reserves the right to suspend this service at any time without notice.

7. RIGHT OF WITHDRAWAL

1. The Consumer who has concluded a distance selling contract has the right, within 14 days, to withdraw from the contract without giving any reason and without incurring any costs except those provided for by law (withdrawal period provided for by the French Consumer Code).

2. The withdrawal period begins on the day following the date on which the Consumer, or a third party designated by the Consumer other than the carrier, has taken physical possession of the Product. In the case of a Sales Contract, which:

- concerns several Products ordered by the Consumer in a single order, and if these Products are delivered separately, the withdrawal period begins on the day following the day on which the Consumer, or a third party designated by the Consumer other than the carrier, took physical possession of the last Product,

- is composed of a good in several lots or pieces, the withdrawal period begins on the day following the day on which the consumer, or a third party designated by the Consumer other than the carrier, has taken physical possession of the last lot or piece,

3. To exercise your right of withdrawal, you must notify us of the following ( E-mail : [email protected]) your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory.

4. In order for the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

5. In the event of withdrawal from a distance contract, the contract is deemed to be cancelled.

6. Effects of withdrawal: In the event of withdrawal from the contract by the customer, MILUTKA will reimburse all payments received from the customer, including delivery costs (with the exception of additional costs arising from the fact that the customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by MILUTKA) without undue delay and, in any event, no later than fourteen days from the day on which MILUTKA is informed of the customer's decision to withdraw from the contract.

7. MILUTKA will make the refund using the same means of payment that the customer used for the initial transaction, unless the customer expressly agrees to a different method; in any event, this refund will not incur any costs for the customer.

8. MILUTKA may defer reimbursement until it has received the goods or until the customer has provided proof of shipment of the goods, whichever comes first.

9. The customer must return the goods to MILUTKA (or, where applicable, to the person authorized by MILUTKA to receive the goods) without undue delay and, in any event, no later than 14 days after the customer has informed MILUTKA of his decision to withdraw from the contract. This period is deemed to have been respected if the goods are returned before the fourteen-day period has expired.

10. The product must be new and returned in its original packaging. Any product that is incomplete, damaged, soiled or has been subjected to abnormal use other than simple testing will not be taken back and will not be reimbursed.

11. Return address :

UBRA Radosław Petrykowski

ul. Słowackiego 11 lok.10U , 19-300 Ełk(Poland)

12. The customer is liable for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods. Therefore, if the customer still wishes to exercise the right of withdrawal, he shall not use the products during the withdrawal period so that they do not lose their value and remain intact. If the quality of the products is altered, if the returned products are incomplete and/or if the principles mentioned in this article are not respected, MILUTKA formally reserves the right to refuse the returned items and/or to demand compensation for any loss of value.

13. The customer may not exercise the right of withdrawal for:

1. service contracts after the service has been fully performed if performance has begun with the express prior agreement of the consumer, who has also acknowledged that he will lose his right of withdrawal once the contract has been fully performed by the company; for such services, the customer, by his order or purchase and acceptance of these terms and conditions, expressly accepts that performance of the service will commence immediately after conclusion of the contract (and therefore within the 14-day withdrawal period after the day of conclusion of the contract), and acknowledges that he will lose his right of withdrawal once the contract has been fully performed by the company ;

2. the supply of goods or services whose price depends on fluctuations in the financial market beyond the company's control and which may occur during the withdrawal period ;

3. the supply of goods made to the consumer's specifications or clearly personalized ;

4. the supply of goods liable to deteriorate or expire rapidly ;

5. the supply of sealed goods which cannot be returned for health or hygiene reasons and which have been unsealed by the consumer after delivery ;

6. the supply of goods which, after delivery and by their nature, are inseparably mixed with other items ;

7. the supply of alcoholic beverages, the price of which has been agreed at the time of conclusion of the sales contract, delivery of which can only be made after thirty days, and the actual value of which depends on market fluctuations beyond the company's control ;

8. contracts in which the consumer has expressly asked the company to visit in order to carry out urgent maintenance or repair work. If, on the occasion of this visit, the company provides services in addition to those specifically requested by the consumer, or goods other than spare parts essential for maintenance or repair work, the right of withdrawal applies to these additional services or goods ;

9. the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications ;

10. contracts concluded at public auctions and lotteries;

11. the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the contract provides for a specific date or period of performance ;

12. the supply of digital content not provided on a tangible medium if performance has begun with the express prior consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal; for such contracts, the customer, by accepting these general terms and conditions, expressly accepts that performance will begin immediately after conclusion of the contract (and therefore during the withdrawal period of 14 days after the day of conclusion of the contract), and he acknowledges that he will thereby lose his right of withdrawal ;

8. LEGAL WARRANTIES

1. All Products are covered by the legal warranty of conformity and the warranty against hidden defects, in accordance with the provisions of articles L.217-1 et seq. of the French Consumer Code and 1641 et seq. of the French Civil Code.

2. It is reminded that within the framework of the legal guarantee of conformity, the Customer :

1. has a period of two years from the date of delivery of the property to take action against the seller ;

2. may choose between repairing or replacing the good, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code;

3. is exempted from proving the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good (except for second-hand goods for which the period is set at twelve months).

3. The customer is reminded that he/she may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code, and that in this case he/she may choose between rescission of the sale or a reduction in the purchase price, in accordance with article 1644 of the French Civil Code.

4. In the event of delivery to the Customer of a Product that does not conform to the order or reveals a hidden defect, the Customer must return the Product by post to the address below:

UBRA Radosław Petrykowski

ul. Słowackiego 11 lokal 10U , 19-300 Ełk(Poland)

5. Reimbursement of the price of the Product ordered and any initial delivery and return costs. This refund will be made within fifteen (15) days of receipt by MILUTKA of the returned Product, by crediting the Customer's bank account used to pay for the order. MILUTKA will reimburse the returned Product at the invoiced price, the shipping costs, in the case of a return of the entire order, and the return shipping costs. In the event of a partial return of the Products, the initial delivery charges will not be refunded.

6. In any event, these provisions do not deprive the Customer of the possibility of exercising his right of withdrawal.

7. The legal warranty of conformity applies independently of any commercial warranty that may cover the Product.

Article L.217-4 of the French Consumer Code :

> "The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."

- Article L.217-5 of the French Consumer Code: "The goods conform to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model ;

- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."

- Article L.217-12 of the French Consumer Code: "Action resulting from a lack of conformity is barred after two years from delivery of the goods

- Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them"

- Article 1648 al 1er du Code Civil : " L'action résultant des vices rédhibitoires doit être intentée par l'acquéreur dans un délai de deux ans à compter de la découverte du vice"

9. PERSONAL DATA PROTECTION

1. MILUTKA complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data repealing Directive 95/46/EC (the "RGPD").

2. In accordance with French law no. 78-17 of January 6, 1978, as amended, customers have the right to oppose, access, modify, rectify and delete any personal data concerning them at any time. E-mail: [email protected]

10. FORCE MAJEURE

1. The occurrence of an event constituting force majeure within the meaning of case law and article 1218 of the French Civil Code will result in the suspension of MILUTKA's obligations. MILUTKA shall not be held liable for such non-performance.

2. The parties agree that they shall consult each other as soon as possible in order to determine together how the order will be carried out during the period of force majeure.

3. If the case of force majeure lasts longer than one (1) month, MILUTKA may not honour the order, and will reimburse the Customer for any sums paid by the Customer for the order in question.

11. CONSUMER OMBUDSMAN

1. Under consumer mediation as defined in articles L.612-1 et seq. of the French Consumer Code, all consumers have the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional.

2. For orders placed on the site, you can also submit any complaints on the dispute resolution platform set up by the European Commission: http://ec.europa.eu/consumers/odr/. The European Commission will transfer your complaint to the competent national ombudsmen

12. MODIFICATION OF TERMS AND CONDITIONS

1. The Seller reserves the right to modify these GTC and may be modified at any time in accordance with applicable laws) in the event of at least one of the important reasons indicated below:

1. Modification of the legal provisions relating to the sale of Products or the provision of services by electronic means by the Vendor affecting the reciprocal rights and obligations established in the contract concluded between the Customer and the Vendor;

2. Changes to the way services are provided solely for technical or technological reasons;

3. Modification of the scope or mode of provision of services to which the provisions of the GTC apply, through the introduction of new functionalities, modifications or deletion by the Seller of existing functionalities or services covered by the GTC;

2. In the event of a change to the GTC, the Seller shall provide the uniform text of the GTC by publishing it on the Online Shop site and by sending it by e-mail to the e-mail address provided by the Customer upon conclusion of the Service Use Agreement.

3. The amendment to the GTC shall come into effect 14 days after the date of dispatch of the notification of the amendment. Customers who have concluded a Service Use Agreement (an Account) have the right to terminate the Service Use Agreement within 14 days of the date of notification of the amendment to the GTC.

4. The modification of the GCS does not apply to Sales Contracts concluded between the Customer and the Vendor prior to the modification of the GCS.

13. FINAL PROVISIONS

1. These terms and conditions of sale are governed by French law.

2. The choice of French law in no way deprives the customer, whose habitual residence is in a country of the European Union or Switzerland, of the protection afforded to him by the mandatory rules of the country where he has his habitual residence.

3. The United Nations Convention on Contracts for the International Sale of Goods (CISG), or any other international or bilateral treaty, is not applicable, even after its incorporation into French law.

4. In the context of commercial relations and contracts with professionals and legal entities governed by public law, the place of jurisdiction is that of the company's registered office MILUTKA.

5. If any provision of these General Terms and Conditions is declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these General Terms and Conditions shall remain unaffected and shall continue to apply.

6. The elements published on the www.milutka.com including in particular logos, registered trademarks, texts, photographs, images, drawings, models or paintings constitute works protected by intellectual property rights or personal rights. The reproduction or representation, in whole or in part, of this site is therefore prohibited without the express prior consent of the holders of these rights.

7. Placing an order on the Site implies knowledge and acceptance of the procedures in force on the Internet network, in particular with regard to technical performance, response times, connection times, queries or transfers of information, risks of interruption, risks of contamination by viruses circulating on the network and, in general, all risks associated with the use of the Internet network. MILUTKA shall not be held liable for any direct or indirect damage resulting from misuse or incident related to the use of the computer, Internet access, maintenance or malfunction of servers, telephone lines or any other technical connection, as the Customer's connection to the Site is made under his/her sole responsibility.

16.11.2022

Sample Withdrawal Form

Please complete and return this form only if you wish to withdraw from the contract.

For the attention of

...........................

............................

...........................

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the services (*) below:

_______________________________________________________

_______________________________________________________

Ordered on (*)

_______________________________________________________

Received on (*)

_______________________________________________________

Name of consumer(s) :

_______________________________________________________

Address of consumer(s) :

_______________________________________________________

Signature of consumer(s) (only in the case of notification of this form on paper)

_______________________________________________________

Date

(*) Strike out what does not apply.

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