Terms & Conditions valid until 1st January 2023
The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you” or “Customer”) with MISBHV SP. Z O.O., hereinafter referred to as “MISBHV”, ”us ” or ”we”, at the MISBHV website, mobile website, or telephone (jointly referred to as ”misbhv.com”).
Please make sure you have read and understood the Terms before placing your order. A prerequisite for starting to use the Store and placing orders is reading and accepting these Regulations.
The inclusion of any products or services on misbhv.com at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
The Customers have the opportunity to use the Store by registering and thus creating a private account (hereinafter referred to as "Customer Account"), in which personal data and information about the Customer relating to his/her orders placed in the Store are collected and without registering. The Customer has the right to terminate the agreement concluded with the Seller concerning the Customer Account at any time by submitting to the Seller a declaration of intent to delete the Customer Account. For this purpose, the Customer should contact the Seller or use the functions provided in the Customer Account.
The Customer shall be liable for providing false personal data. The Seller reserves the right to refuse to process and cancel a product order in a situation where the Customer has provided false data or where the data raises reasonable doubts of the Seller as to its correctness. In such a case, the Customer will be informed by phone or e-mail about the reasons for cancellation of the order. In such a situation, the Customer has the right to explain all circumstances related to the verification of the veracity of the data provided and the cancellation of the order. In the absence of data allowing the Store to make contact with the Customer, the Store will provide any explanations after the Customer has made contact.
The customer is responsible for all transactions that were carried out using the login and password, unless the login or password information was disclosed to a third party through no fault of the customer. The store undertakes to make every effort to protect the login and password from disclosure. The customer undertakes to make every effort to protect the login and password from disclosure to unauthorized third parties.
The store is not responsible for the transfer by the Customer of its login or password to the Customer's Account to third parties. In case of expiration, change or deletion of the e-mail account provided by the Customer at the time of registration of the Customer Account, the Customer should inform the Store.
The Customer declares that all data provided by him/her for the purpose of processing the order are true, while the Store is not obliged to verify their veracity and correctness.
MISBHV wants to provide the best possible online experience. To make this possible we need to ensure that our services run like clockwork. We reserve the right to immediately bar access to the site and close the account of any user who violates this provision or any other provision in these terms and conditions.
MISBHV SP. Z O.O.
Use of the store is not permitted for persons under eighteen (18) years of age (or the age of majority in effect in your country).
2. Prices and delivery charges
The prices displayed at misbhv.com include the statutory Value Added Tax for European Union countries, but do not include import duties, fees and taxes upon delivery for third countries. This charge is determined by your local customs authority. Payment of these is necessary to release your order from customs. Different incoterms delivery terms may apply depending on the country of delivery.
Transportation cost is also not included and will be confirmed at the checkout page.
Transportation cost and import duties, fees and taxes do not apply for free shipping threshold value.
3. Ordering/conclusion of contract
The ordering options available to you are via misbhv.com.
Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for such an order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary we will notify you and ask you to contact MISBHV Customer Service who will settle the refund.
- MISBHV reserves the right to introduce special offers such as „pre-order" / "waiting list” under which the customer will be able to purchase goods from new collections, even before the date of launching the collection for regular sale.
- By placing a pre-order you agree to be bound by these terms for pre-order of goods and the ordinary Terms and Conditions.
- When placing a pre-order your contact information must be accurate and kept updated. If we do not have accurate or updated contact information we will not be able to keep you informed of your pre-order.
- When you place a pre-order you will need to pay the full price for the products ordered and any applicable delivery fees.
- Pre-ordered products will be shipped as soon as possible, subject to availability. Please note that launch dates and dates of availability of products are subject to change and we are not liable for any changes to such dates.
MISBHV exercises the utmost diligence in accepting and processing orders and will endeavor to deliver your order in accordance with your selected delivery option, but no later than 30 days after payment of the order.
Before you place your order, you will be informed of the expected delivery details and cost. Once you have placed your order you will receive an email confirmation with your expected delivery details. Once the order is confirmed and packed at our warehouse you will receive a tracking number for your consignment.
Please note that you are responsible for accepting the delivery once the parcel is shipped.
If you refuse the delivery or cover the charges resulting from your country's domestic tax policy or import regulations, we will deduct the cost of returning the parcel from your refund. Deducted costs consist of duty paid by UPS in advance and returning the parcel.
6. Customs Duties & Taxes
All countries within the European Union have Value Added Tax included in the final price.
Orders to the USA are shipped on a DDP (Delivery Duty Paid) basis, meaning all import taxes and duties are included in the final price.
Orders to the UK are shipped on a DDP (Delivery Duty Paid) basis, meaning all import taxes and duties are included in the final price, or on a DDU (Delivered Duty Unpaid) basis meaning that taxes and duties are not included in the final price. You can choose between a DDU and a DDP method at the checkout.
Countries that are not mentioned above are shipped on a DDU (Delivered Duty Unpaid) basis, meaning that taxes and duties are not included in the final price.
You can return any item to us within 14 days of receiving your original order, including sale items. Remember that the merchandise must be unworn and unwashed with all the MISBHV tags attached. We do not accept exchanges on returned items, but you can send them back for a refund and then place a new order for the size, color or item you’d prefer. Please note - duties, taxes and the original shipping charges are non-refundable. As an international customer, you can return your parcel using any postal service. Please note - you will need to cover the shipping costs yourself.
If the item you have received is defective, please notify MISBHV promptly and return the item to the address as below. MISBHV will, for any products deemed defective, provide a new product or a full refund, including the costs of delivery.
The return address:
MISBHV SP. Z O.O.
Gromadzka 46A / II
The parcel remains your responsibility until it arrives to us - remember to ask for a sending receipt, so if your parcel goes missing in the mail, you’ll have proof you have sent it. When you return your order, please remember to put your returns note (which you can download here) in the parcel. It can usually take up to 21 working days for your return to be delivered back to us in Poland, depending on your location and which postal service you use. Once we receive your return we will make the refund via the original payment method within 3 working days.
8. Payment methods
We generally accept the following payment methods: credit/debit card payment and payment through Paypal. We reserve the right not to accept certain payment methods for a given order and to refer to other payment methods.
Credit card or Payment card
You can enter your payment details at the time you place your order using a valid credit or payment card (with a VISA or Mastercard logo). The applicable amount will immediately be reserved on your credit/payment card but will not be debited until the goods are dispatched. Please note that applicable bank charges will be borne by you.
When paying by PayPal, the applicable amount will immediately be reserved on your PayPal account but will not be debited until the goods are dispatched from the warehouse. MISBHV reserves the right to deny any purchase.
You will receive the legally required invoice in your parcel.
9. Our Liability
Our maximum liability to you for any loss or damage arising in connection with your order on misbhv.com shall be limited to the total price of your order.
10. Statutory right of revocation and Statutory liability for defects - EU CUSTOMERS.
This clause only applies to customers based in the EU and who wish to cancel a Contract under the Consumer Contracts Regulations.
You have a statutory right of revocation.
Information regarding the right of revocation:
You have the right to revoke this contract within 14 days without giving any reasons. The period of revocation is 14 days from the day on which you, or a third party designated by you (but who is not the carrier), took possession of the last item of merchandise. In order to exercise your right of revocation you must notify us of your decision to revoke the contract by sending us an unequivocal declaration (e.g. a letter sent by post or an e-mail). If you wish, you may use the attached revocation form, but there is no requirement to do so. You may also complete and submit the revocation form or other unequivocal declaration online through the contact form on our website. If you submit your notice of revocation online, we will send you a confirmation of receipt without undue delay (e.g. by e-mail). You will be deemed to have complied with the revocation period if you send your notice of revocation before such period expires.
Consequences of revocation
If you revoke this contract, we are required to refund all payments we received from you, including delivery costs (except any additional costs incurred as a result of you choosing a delivery method other than the lowest-cost standard delivery offered by us), without undue delay and at least within 14 days from the day on which we received your notice of revocation of this contract. Refunds will be processed using the same method of payment which you used for the original transaction, unless expressly agreed otherwise with you. We will not charge you any fees for the refund. We may hold off completing your refund until we have received the merchandise back, or you have supplied us with proof that you have returned the merchandise, whichever occurs earlier. You are obliged to return or hand over all merchandise to us without undue delay, but at least within 14 days from the day on which you gave us your notice of revocation of this contract. The above requirement is deemed satisfied if you return the goods before expiry of the 14-day period. You are only obliged to cover any depreciation in the value of merchandise if the depreciation is attributable to your improper handling of the merchandise when examining its condition, properties and function.
The right of cancellation expires prematurely for contracts subject to sealed goods which have been unsealed after delivery and which are not suitable for return due to hygienic reasons.
Products offered in the Store are brand new and original. The Seller shall be liable to the consumer for any lack of conformity with the contract existing at the time of delivery of the goods and which has become apparent within two years from that time.
In case of non-conformity with the contract, the consumer has the right to demand that the goods be brought into conformity with the contract, to receive a proportionate price reduction or to terminate the contract.
To bring the goods into conformity with the contract, the consumer may choose between repair and replacement, unless the chosen remedy would be impossible or, compared to another remedy, would involve disproportionate costs for the seller, taking into account all the circumstances of the case To bring the goods into conformity with the contract, the consumer may choose between repair and replacement, unless the chosen remedy would be impossible or, compared to another remedy, would involve disproportionate costs for the seller, taking into account all the circumstances of the case, including:
(a) the value the goods would have had if there had been no non-conformity with the contract;
(b) the significance of the lack of conformity with the contract; and
(c) the possibility of pursuing an alternative remedy without significant inconvenience to the consumer.
The consumer does not have the right to terminate the contract if the non-conformity is only insignificant.
The consumer has the right to withhold payment of the remainder of the price or part thereof until the seller has fulfilled its obligations under the above.
The relevant statutory provisions govern our liability for defects.
If you have a complaint, please contact us. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr.
If there are defects in the goods you have purchased, MISBHV abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us without delay by using the provided pre-printed return form.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.
13. Ownership of rights
All intellectual property rights, such as trademarks and copyrights at misbhv.com remain with MISBHV sp. z o.o. and its subsidiaries or licensors. Any use of misbhv.com or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of MISBHV.
14. Company Information
MISBHV SP. Z O.O.
Registered office: Gromadzka 46, 30–719 Cracow, Poland
Email: [email protected]
15. Final Provisions
Polish law applies to the contract of sale of products in the store, Any dispute arising out of or relating to these Terms and Conditions or any non-contractual obligations arising out of or relating to these Terms and Conditions shall be submitted to the exclusive jurisdiction of the courts of Poland or the jurisdiction of the courts of your place of residence, if so provided by applicable law.
These Regulations do not exclude and do not limit any rights of the Customer who is a Consumer, which he is entitled to under the mandatory provisions of law. In the event of a contradiction between the provisions of these Regulations and the mandatory provisions of law granting broader rights to Consumers, these provisions shall prevail.
MISBHV reserves the right to amend the provisions of these Regulations for important reasons, in particular:
(a) in order to adapt them to generally applicable laws,
b) in order to eliminate possible provisions that may violate the interests of Customers,
c) in connection with a change or expansion of the range of services and goods provided by the Store,
d) in connection with a change, limitation or expansion of the business profile of MISBHV,
e) in connection with organizational changes on the part of MISBHV.
The changes referred to in paragraph 2 are not binding on Customers who have placed an order prior to the introduction of the changes in the terms and conditions below, unless the changes result from mandatory provisions of law. The Customer will be notified of any change in the Terms and Conditions to the e-mail address indicated when placing the order.
If changes are made to the Terms and Conditions, the Store will inform Customers of the new content of the Terms and Conditions electronically (to the e-mail addresses indicated in the Customer Account or when placing orders) and by publishing the new Terms and Conditions on the Store's website, at least 14 days before the new Terms and Conditions come into effect. If the Customer does not accept the content of the new Regulations, he/she has the right to terminate the contract concluded with MISBHV regarding the Customer Account at any time by submitting a declaration of intent to delete the Customer Account.
The Regulations shall come into force on 6 September 2022. Orders placed by the Customer before the effective date of the new Regulations will be processed on the basis of the existing Regulations accepted by the Customer on the date of order placement.
In the event that any of the provisions of these Terms and Conditions is amended or invalidated, as a result of a final court decision, the remaining provisions of these Terms and Conditions shall remain in force and bind the parties.
Please be informed that any comments and suggestions from Customers are always welcome and desirable from the point of view of MISBHV's policy, the main objective of which is to act in the interests of the Store's Customers. In order to send comments and suggestions, or if the Customer believes that his or her rights have been violated, or if the national laws applicable to the Customer grant him or her greater legal protection than the provisions of these terms and conditions, please use the contact form or send information to the e-mail address: [email protected] The Store will then try to take his suggestion into account as far as possible and grant protection to his rights.
The Client can decide to access to the platform for alternative extra-judicial resolution of disputes provided by the European Commission, available on the website http://ec.europa.eu/odr.