Gift Card Regulations

1. GENERAL PROVISIONS
1.1. This Regulation pertains to the terms of use for Gift Cards in the Online Store of the Gift Card Issuer. It is directed to both consumers and other entities entering into Product Sales Agreements with the Issuer.
1.2. The Gift Card Issuer is DAMIAN TOMZIK, conducting business under the name MIUM MASH DAMIAN TOMZIK, registered in the Central Registration and Information on Business of the Republic of Poland maintained by the minister responsible for economy, having: the address of business activity and address for service: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska, NIP: 9491919779, REGON: 362827437, and email address: shop@miummash.com.
1.3. Definitions:
All terms not explained below that have their definitions under the Online Store regulations should be understood in accordance with those regulations.
GIFT CARD – a card entitling the Customer to receive Products in the Online Store of the Seller within the term and value indicated on it, in accordance with this Regulation.
CLIENT, HOLDER, GIFT CARD HOLDER – a natural person having full capacity to perform acts in law, and in cases provided by generally applicable laws also a natural person having limited capacity to perform acts in law; a legal person or an organizational unit without legal personality, which the law grants legal capacity – being the holder of the Gift Card.
CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended).
PRODUCT – a movable item available in the Online Store that can be the subject of a Sales Agreement between the Client and the Seller.
REGULATIONS – this regulation for the use of the Gift Card.
ONLINE STORE – the Seller's online store available at www.miummash.com.
ISSUER, SELLER – DAMIAN TOMZIK conducting business under the name MIUM MASH DAMIAN TOMZIK, registered in the Central Registration and Information on Business of the Republic of Poland maintained by the minister responsible for economy, having: the address of business activity and address for service: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska, NIP: 9491919779, REGON: 362827437, and email address: shop@miummash.com.
SALES AGREEMENT – a product sales agreement made or concluded between the Client and the Seller in the Online Store.

2. PAYMENTS AND DELIVERY OF THE GIFT CARD
2.1. The Online Store regulations regarding available payment methods and terms, as well as Product delivery, apply accordingly.
2.2. The Gift Card is not a Product but merely a document entitling the Client to its purchase under the terms indicated on it. It replaces the money with which Products are customarily purchased in the Online Store. The card can be purchased in the Online Store, as well as in the Seller's mobile boutique.
2.3. The Issuer provides Gift Cards with a value of: 300, 500, and 700 Polish Zlotys – depending on the amount paid by the Client.
2.4. Payment for the sale of the Gift Card is made according to the Client's choice: in cash at the Seller's mobile boutique, by bank transfer to the Seller's account, by electronic payment, or by credit card.
2.5. In case of acquiring the Gift Card via the Online Store, delivery of the Gift Card to the Client is free of charge.

3. TERMS OF USE OF THE GIFT CARD
3.1. The Gift Card is marked with an individual identification code of the Client registered in the Seller's system.
3.2. The holder of the Gift Card is entitled to use it within 6 months from the issuance of the Card for the purchase of Products in the Online Store, the total value of which does not exceed the nominal value stated on the Gift Card. If the value of the Gift Card allows it, it can cover the total cost of the order, including the shipping costs of the Product and other additional fees.
3.3. The realization of the Gift Card is done by entering the recorded identification code in the appropriate field in the Order Form after adding selected Products to the cart. The Gift Card is realized only after the Client confirms the order placement.
3.4. The expiry date of the Gift Card is always indicated on the Gift Card. After its expiry, the Holder loses the possibility to make payments using the Gift Card.
3.5. The Gift Card replaces money in the Online Store to the value indicated on it for the purpose of payment under the Sales Agreement, but itself is not exchangeable for cash.
3.6. The Gift Card cannot be used to purchase another Gift Card.
3.7. The Client has the right to realize the

Gift Card in case of a Sales Agreement, the value of which exceeds the nominal value of the Gift Card, provided that in such a case, the Client is obliged to pay the remaining part of the price using available payment methods in the Online Store.
3.8. The Gift Card can pay for a Sales Agreement, the value of which is less than the nominal value of the realized Gift Card. In such a case, the original value of the Gift Card is reduced by the amount used to make the payment under the Sales Agreement. The Gift Card can be realized as long as the funds recorded on it have not been completely used or until the expiry of its validity period.
3.9. In case of a return of the Product purchased using the Gift Card by the Client, the Seller shall refund the paid price onto a new Gift Card. If the paid price exceeds the value of the Gift Card, the Seller shall refund the excess using the same payment method used by the Client, unless the Client explicitly agrees to a different method of refund, which does not involve any costs for him.

4. PERSONAL DATA
4.1. The administrator of personal data processed in connection with the implementation of the provisions of this Regulation is the Issuer. Personal data is processed in accordance with applicable legal provisions, in particular in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as "GDPR" or "GDPR Regulation".
4.2. The Administrator processes personal data for the purposes, to the extent, and based on the principles indicated in this point of the Regulation. Providing personal data is voluntary, although failure to provide personal data necessary for the issuance and realization of the Gift Voucher results in the inability to use it. The Administrator takes special care to protect the interests of persons whose personal data he processes, and in particular is responsible and ensures that the data collected by him are: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subjected to further processing incompatible with those purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) stored in a form that permits identification of the persons concerned, no longer than is necessary to achieve the purpose of processing; and (5) processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, by means of appropriate technical or organizational measures. Taking into account the nature, scope, context, and purposes of processing as well as the risk of violation of the rights or freedoms of natural persons with varying probability and severity of the threat, the Administrator implements appropriate technical and organizational measures so that processing complies with this regulation and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Administrator applies technical measures to prevent unauthorized persons from acquiring and modifying personal data transmitted electronically.
4.3. The Administrator is authorized to process personal data in cases where – and to the extent that – at least one of the following conditions is met: (1) the person concerned has consented to the processing of their personal data for one or more specific purposes; (2) processing is necessary for the performance of a contract to which the data subject is party, or to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary for compliance with a legal obligation to which the Administrator is subject; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
4.4. Processing of personal data by the Administrator requires the presence of at least one of the grounds indicated above. Specific grounds for the processing of personal data of Online Store Service Users by the Administrator are indicated in the next point of the Regulation – with regard to the purpose of processing personal data by the Administrator.
4.5. The Administrator may process personal data for the following purposes, on the following bases, for the periods, and in the following scope:
4.6. It is necessary for the Administrator to use the services of external entities. The Administrator uses only the services of such processing entities who provide sufficient guarantees to implement appropriate technical and organizational measures so that processing meets the requirements of the GDPR Regulation and protects the rights of the data subjects. The Administrator transfers data only when it is necessary for the realization of a given purpose of personal data processing and only to the extent necessary for its realization. Customer personal data may be transferred to the following recipients or categories of recipients:
4.7. The right of access

, rectification, restriction, deletion, or portability – the data subject has the right to request from the Administrator access to their personal data, their rectification, deletion ("the right to be forgotten"), or restriction of processing, and has the right to object to processing, as well as the right to data portability. Detailed conditions for exercising the rights mentioned above are indicated in Articles 15-21 of the GDPR Regulation.
4.8. The right to withdraw consent at any time – if personal data are processed by the Administrator based on expressed consent (under Article 6(1)(a) or Article 9(2)(a) of the GDPR Regulation), the person has the right to withdraw consent at any time without affecting the legality of processing carried out on the basis of consent before its withdrawal.
4.9. The right to lodge a complaint with a supervisory authority – the person whose data are processed by the Administrator has the right to lodge a complaint with a supervisory authority in the manner and mode specified in the provisions of the GDPR Regulation and Polish law, in particular the Act on Personal Data Protection. The supervisory authority in Poland is the President of the Personal Data Protection Office.
4.10. The right to object – the data subject has the right at any time, on grounds relating to their particular situation, to object to processing of their personal data based on Article 6(1)(e) (public interest or task) or (f) (legitimate interest of the administrator), including profiling based on these provisions. The Administrator in such a case may no longer process these personal data unless he demonstrates compelling legitimate grounds for processing overriding the interests, rights, and freedoms of the data subject, or grounds for the establishment, exercise, or defense of legal claims.
4.11. The right to object regarding direct marketing – if personal data are processed for direct marketing purposes, the data subject has the right at any time to object to processing of their personal data for such marketing, including profiling, to the extent that the processing is related to such direct marketing.
4.12. To realize the rights mentioned in this point 4 of the Regulation, one can contact the Administrator by sending the relevant message in writing or by electronic mail to the Administrator's address indicated at the beginning of the Regulation.

5. COMPLAINT PROCEDURE
5.1. Complaints related to the use of the Gift Card and the implementation of this Regulation can be submitted, for example, via email to: shop@miummash.com or in writing to: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska.
5.2. It is recommended to provide in the complaint description as much information and circumstances related to the subject of the complaint as possible, in particular the type and date of the irregularity, contact details, and the individual identification code indicated on the Gift Card – this will facilitate and speed up the consideration of the complaint by the Issuer.
5.3. The Issuer's response to the complaint occurs immediately, no later than within 14 days from the day of its submission.

6. FINAL PROVISIONS
6.1. The applicable law is Polish law and the Polish language.
6.2. The Issuer reserves the right to make changes to the Regulation for important reasons, that is, changes to legal provisions to the extent that these changes affect the implementation of the provisions of this Regulation. The change of the Regulation does not affect the already granted Gift Cards. The Issuer will inform the Client about changes to the regulations via email.
6.3. In matters not regulated in this Regulation, the provisions of the Civil Code and other relevant Polish legal provisions shall apply.