The seller and owner of the Online Store is M&M Mateusz Mrozowski sp. z o. o. with its registered office in Nawojowa, at ul. Klonowa 21, entered into the Register of Entrepreneurs kept by the District Court for Kraków Śródmieście in Kraków, 12th Commercial Division of the National Court Register under KRS number: 0000994846, using NIP number: 7343616046 and REGON number: 523258802.
Contact with the Seller and method of communication:
• by telephone; telephone number: 793 771 002 ;
• by e-mail; e-mail address: [email protected];
• by post; local address for service: M&M Mateusz Mrozowski sp. z oo, ul. Klonowa 21, 33-335 Nawojowa.
§ 1. GENERAL PROVISIONS
1. These Regulations define the rules for using the Online Store, in particular the conditions for placing an Order and modifying it, setting up and maintaining an Account, making payments, making deliveries, submitting complaints, as well as other rights and obligations of the Customer and the Seller. A person who wants to use the services of the Store must read these Regulations in advance.
2. Through the Store, the Seller conducts retail sale of Goods. The store also provides each customer with free services provided electronically 24 hours a day, all days of the year. These services are: Order form, registration and login form, Account, Basket, Newsletter, Wishlist, product search engine, commenting and evaluating Goods.
3. In order to use the Online Store on the Customer’s side, the following minimum technical requirements must be met: a device with Internet access, an installed and updated version of the Microsoft Internet Explorer 8.0 web browser or its newer version, Mozilla FireFox 20.0 or its newer version, Apple Safari 4.0 or its newer version and Google Chrome 23.0 or its newer version, with JavaScript and Cookies enabled, an active e-mail account. Recommended minimum screen resolution: 1024×768 pixels.
4. The Customer is prohibited from providing illegal content and from using the Store in a way that disrupts its functioning or is burdensome for the Seller and other Customers.
5. Agreements are concluded in accordance with Polish law and in Polish.
§ 2. REGISTRATION
1. In order to set up an Account and obtain the status of a registered Customer, the registration procedure must be completed beforehand.
2. The User gains the status of a registered Customer after completing the necessary registration activities in the Store according to the interactive form. The Customer completes the form by following the appropriate messages displayed in the form when completing it (in particular, the Customer provides his real data and those marked as mandatory), and then activates the “Finish Registration” button.
3. The Customer may also set up an Account during the Order placement procedure by activating the “Register” button.
4. The customer, using the form functions, is obliged to provide his real data and complete the fields marked as mandatory.
5. Upon confirmation of registration via the activation link sent to the Customer’s e-mail address, an agreement for the provision of electronic services for maintaining an Account with the Seller is concluded for an indefinite period.
6. The Customer may terminate the Account maintenance agreement at any time by sending such a declaration of will to the Seller. The termination is effective upon its receipt by the Seller. The Seller may terminate the Account maintenance agreement with a 7-day notice period if the Customer violates the provisions of the Regulations or generally applicable laws.
7. In the Registration process, the Customer provides a password, through which he then gains access to the Account. The customer is obliged to protect the password and may not disclose the password to third parties. The account is non-transferable.
§ 3. ORDER
1. The information contained in the Online Store is not an offer within the meaning of the Act of 23 April 1964 – Civil Code, but constitutes an invitation to submit offers by Customers.
2. Orders may be placed by Customers who have the status of a registered user of the Online Store or do not have the status of a registered user of the Online Store. A customer who does not have a registered Account places an Order without registering and logging in.
3. The Customer makes an Order by virtually adding Goods to the Basket. Successful addition causes that in the Basket tab the index of Goods on the list of Orders changes, which can be freely modified.
4. After confirming the selection of Goods, the Customer indicates in the Order form the form of delivery of the Order, the form of payment as well as the address and data for shipment. After completing the Order, the Customer approves it and sends it to the Seller by activating the “Confirm purchase” button.
5. Each time, before sending the Order to the Seller, the Customer is shown a summary of the Order in order to confirm it, i.e. the total price and details of the Order.
6. In the process of placing the Order, until the “Confirm Purchase” button is activated, it is possible for the Customer to detect and correct errors in the Order and modify it through the Store’s sales system. After this moment, the Customer may change the Order, in particular correct errors in the entered data, until the shipment with the Goods is sent by direct, immediate contact with the Seller.
7. By placing an Order, the Customer submits to the Seller an offer to conclude a Sales Agreement for the Goods selected by him, under the conditions indicated by him in the Order. The conclusion of the Sales Agreement takes place by accepting this offer by the Seller, when the Customer receives confirmation of the terms of the Order, sent in an electronic message by the Seller to the e-mail address provided by the Customer in the Order.
8. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer through the Store’s sales system, including in the Customer Account, and is sent to the Customer’s e-mail address provided by him when placing the Order. The Customer who placed the Order and received a statement of acceptance of the offer by the Seller will be provided with a digital document confirming the conclusion of the Agreement along with its content, in the manner indicated in the previous sentence.
9. The Order Processing Time is up to 5 (five) Business Days. The execution of the Order begins after:
a. payment on delivery – after the conclusion of the Sales Agreement,
b. bank transfer – after the payment is credited by the Seller,
c. payment via PayU – after confirmation received by the Seller from the payment operator.
10. After the above During Order Execution, the Goods are released to the carrier.
§ 4. PRICES AND PAYMENTS
1. The prices given on the Store’s website are gross prices (including all duties and taxes, including VAT), and are expressed in Polish zlotys. The prices of the Goods do not include delivery costs.
2. The total price of the Order is calculated according to the choices made by the Customer in the Order form, in accordance with the rates indicated therein. The binding price is indicated to the Customer in the Order summary at the time of sending it to the Seller.
3. The customer may choose one of the following payment methods:
a. transfer to the Seller’s bank account;
b. payment on delivery;
c. electronic payment through the external payment system PayU SA, with its registered office in Poznań (60-166), at ul. Grunwaldzka 182, entered into the Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000274399; NIP: 7792308495.
4. The Customer is obliged to pay for the Order within 3 (three) days from the date of conclusion of the Sales Agreement at the latest.
5. For each sold Good, a sales document is issued in the form of a personal invoice or a VAT invoice at the Customer’s request. The sales document is a confirmation of the essential elements of the placed Order.
6. The prices given in the Store may change (in particular as part of a promotional campaign or sale of Goods), with the proviso that the terms of the Order may not be changed in relation to the Customer who submitted the offer in the manner indicated above, before making the price change.
§ 5. DELIVERY
1. Orders are carried out in the territory of the Republic of Poland, unless the parties to the Sales Agreement agree otherwise.
2. Parcels are delivered in the manner chosen by the Customer, with the reservation that the Customer may choose one of the following forms of delivery of the Order:
a. via a courier company (cash on delivery and prepayment);
b. via In Post parcel locker (cash on delivery and prepayment);
c. personal collection at the address: ul. Mazowiecka 24, Kolobrzeg.
3. The cost of shipping is paid by the Customer. This cost is calculated based on the delivery prices indicated in the Order form and the delivery option selected by the Customer. After making these choices by the Customer, these costs are added to the amount of the Order in the summary.
4. The goods are sent to the address indicated in the Order form. The Seller will contact the Customer immediately if an incorrectly completed form prevents effective delivery of the Order.
5. The Order delivery time in the territory of the Republic of Poland lasts up to 5 (five) Business Days, counted from the moment of completing and sending the Order by the Seller (end of the Order Processing Time).
6. If, before handing over the consignment, it turns out that it has suffered a loss or damage, the carrier is obliged to immediately establish the condition of the consignment and the circumstances of the damage in a report. The carrier should also do so at the Customer’s request if he claims that the shipment is tampered with. The risk of accidental loss or damage to the Goods passes to the Customer upon its release.
§ 6. COMPLAINTS
1. The Seller is obliged to deliver Goods without defects to the Customer. The Seller is liable to the Consumer if the Goods have a physical or legal defect (warranty). If the Goods have a defect, the Consumer may submit a statement of price reduction or withdrawal from the Sales Agreement, or demand the replacement of the defective Goods with defect-free Goods or the removal of the defect.
2. The warranty is only available to Consumers. The parties, the Customer who is not a Consumer and the Seller exclude the warranty for defects.
3. Complaints under the warranty should be submitted to the following address: STARLET building, ul. Sienkiewicza 12, 78-100 Kołobrzeg. In order to improve the complaint procedure, the complained Goods should be delivered together with the proof of purchase and the complaint notification (i.e. the indication of the person submitting the complaint, the request to settle the complaint and the indication of the defect of the Goods).
4. The Seller will respond to the Consumer’s request within 14 (fourteen) days. The Seller will notify the Customer about the consideration of the complaint and its result in a message sent to the address provided by the Customer in the complaint.
5. The complaint procedure applies to services provided electronically by the Seller. Complaints about the services can also be submitted to the Seller’s e-mail address: [email protected]
§ 7. WARRANTY
1. Selected Goods may be covered by a guarantee provided by the manufacturer or distributor.
2. In the case of such Goods, information on the existence and content of the guarantee is indicated on the subpage of the Online Store dedicated to the given Good.
3. The warranty does not exclude, limit or suspend the Customer’s rights under the provisions on warranty for defects in the sold item.
§ 8. RETURNS
1. A consumer who has concluded a distance contract may withdraw from it without giving a reason by submitting a relevant statement in writing within 14 (fourteen) days from the date of: (a) for the Sales Agreement – from taking possession of the Goods by the Consumer or indicated by a third party other than the carrier; (b) for other contracts – from the date of conclusion of the contract.
2. If the Consumer submitted a declaration of withdrawal from the contract before the Seller accepted his offer, the offer ceases to be binding.
3. To meet this deadline, it is enough to send a statement before its expiry. The Customer may use the model declaration of withdrawal from the contract, which is an attachment to these Regulations and attached to the Order. The Customer’s use of this pattern is not obligatory for him.
4. In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received, including the costs of delivering the item (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by us), immediately, and in any case not later than 14 (fourteen) days from the date on which the Seller was informed about the decision to exercise the right to withdraw from this Agreement.
5. The consumer is obliged to return the Goods to the Seller immediately, but not later than 14 (fourteen) days from the date on which he withdrew from the contract. To meet the deadline, it is enough to send back the Goods before its expiry.
6. The consumer is responsible for the decrease in the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
7. The right to withdraw from the contract is not entitled to the Consumer in relation to the contracts indicated in art. 38 of the Act of 30 May 2014 on consumer rights, in particular contracts: in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery, for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the contract in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving meeting his individual needs,
8. The direct costs of returning the Goods to the Seller in the event of withdrawal from a distance contract are borne by the Consumer.
§ 9. RULES FOR THE USE OF DISCOUNT CODES
1. The discount code entitles to a discount (discount) in the amount indicated by the online store mateuszmrozowski.pl. The store reserves the right to change the terms of the promotion at any time. Discount codes have specific expiry dates. Codes cannot be used after they expire.
2. The promotional offer in the form of discount codes applies only to mateuszmrozowski.pl customers who entered the correct code in the “Discount code” field during the promotion period and confirmed it with the “activate” button when placing the order. Entering the discount code in the field will reduce the value of the ordered goods by the percentage or monetary value of the Discount Code provided to the Customer.
3. The discount code can only be used when purchasing goods not covered by other promotions. Discount codes do not combine, do not add up and cannot be used when purchasing products covered by other promotions (unless the promotion regulations say otherwise). Only one Discount Code can be used in one order.
§ 10. NEWSLETTER AND OTHER SERVICES PROVIDED ELECTRONICALLY
1. Each Customer may resign from any of the services that the Seller provides electronically, at any time with immediate effect by refraining from using such a service, unless the Regulations provide otherwise.
2. The Newsletter subscription service is provided free of charge by the Seller to Customers who voluntarily agree to it.
3. In order to subscribe to the Newsletter, the Customer performs the following actions: (a) orders the Newsletter service via the form available on the website [email protected] and by providing his e-mail address; (b) accepts the content of the Regulations and agrees to the transmission of commercial information by means of electronic communication related to the Newsletter service provided; (c) activates the “Subscribe” button; (d) activates the link sent to the e-mail address provided in the Newsletter form.
4. Upon using the activation link sent to the Customer’s e-mail, an agreement for the provision of the Newsletter service is concluded between the Seller and the Customer for an indefinite period.
5. The customer may terminate the contract for the provision of the Newsletter service at any time by deactivating the subscription. Unsubscribing from the Newsletter takes place by sending such a declaration of will to the address [email protected] or via the “Unsubscribe” button in an e-mail. The Agreement will also be terminated if the Customer deletes the Account.
6. Consent to receive commercial information by means of electronic communication sent by the Seller is voluntary and the Customer may withdraw it at any time.
7. In order to use the Wish List service, the Customer activates the “Add to Wish List” button available on the Store subpages dedicated to Goods in order to add them to the Wish List. Successful addition of the Goods causes the product indicator to change in the wishlist icon. To use the service of adding to the wish list, the Customer does not have to be a registered user of the Store.
8. The Comments Service consists in providing the Customers with ICT tools for posting the Customer’s personal, subjective opinions next to the Goods on subpages dedicated to them.
9. The Seller is entitled to prevent the Customer from accessing free services if the Customer acts to the detriment of the Seller or other Customers, or violates the law or the provisions of the Regulations.
§ 11. CHANGE OF THE REGULATIONS
1. The Seller may change these Regulations for important legal reasons (change of generally applicable laws regarding the Sellers’ activities or the Seller’s form of activity) or technical reasons (modernization of the Store’s infrastructure). The reason for changing the Regulations is each time indicated in the manner indicated below.
2. Registered Users will be informed about the change in the Regulations in an e-mail sent 14 (fourteen) days before the entry into force of the new Regulations. Unregistered Customers will be notified of this in a message displayed on the Store’s home page for 14 (fourteen) days before the entry into force of the new Regulations. During this time, the Customer must again accept or refuse to accept the Regulations.
3. Orders placed before the entry into force of the amendments to the Regulations are carried out in accordance with the existing content of the Regulations.
§ 12. FINAL PROVISIONS
1. The Customer’s obligations under the Agreement are fulfilled at the time of payment for the Goods and delivery and collection of the Goods, made in accordance with the Order.
2. All materials, including graphic elements, the composition of these elements, trademarks and others, available in the Store are subject to exclusive rights, in particular they are subject to copyright and industrial property rights. The use of materials made available in the Store in any form requires the consent of the Seller each time.
3. In matters not covered by these Regulations, the provisions of common law shall apply, in particular the Act of April 23, 1964 – Civil Code, the Act of November 17, 1964 – Code of Civil Procedure and the Act of May 30, 2014 – on consumer.
4. In the scope of contracts concluded between the Seller and Customers who are not Consumers, the Seller shall be liable only in the event of intentional damage and within the limits of actual losses incurred by the Customer who is not a Consumer.
5. The Customer who is a Consumer has the option of using out-of-court methods of dealing with complaints and pursuing claims, in particular, he may ask for mediation or settlement to the arbitration court. For this purpose, an appropriate form should be delivered to the institution before which the proceedings will take place – an application for mediation or an application for consideration of the case before the arbitration court.
The list and addresses of entities conducting such proceedings are available at this address: https://uokik.gov.pl/wazne_adresy.php#faq592.
If the Customer does not want to use ADR, any disputes arising from the regulations or sales contracts will be settled by a common court according to general jurisdiction. The consumer may also use extrajudicial means of dealing with complaints and pursuing claims by submitting his complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/. Disputes arising between the Seller and the Customer, who is not also a Consumer, shall be submitted to the court having jurisdiction over the registered office of the Seller.
6. The Privacy Policy located here is an integral part of these Regulations.
Date of entry into force of the Regulations: 15.05.20.
DEFINITIONS
Order Execution Time – the time during which the order is completed and then released to the supplier in order to deliver the Goods to the address indicated by the Customer; The Order Processing Time does not include the delivery time.
Business Days – means days of the week from Monday to Friday (excluding public holidays).
Customer – an entity with full legal capacity, which, under the conditions specified in the Regulations, places Orders in the Online Store and for whom services are provided electronically by the Seller.
Consumer – a natural person making a legal transaction with the entrepreneur not directly related to his business or professional activity.
Account – a service provided electronically; a modifiable element of the Store, created after the Customer’s Registration, in which the Customer’s information and documentation related to his Orders are collected.
Shopping cart – a service provided electronically; a form constituting an integral part of the Store’s purchasing system, in which the Customer specifies and approves the subject and terms of the Order.
Newsletter – a free service provided electronically, by means of which the Seller informs the Customer about news in the Store, by periodically sending selected and appropriately edited content in the form of an electronic letter.
Privacy Policy – a document regulating the security of privacy protection and processing of Customers’ personal data; The Privacy Policy is an appendix to the Regulations, available at www.mateuszmrozowski.pl
Regulations – these regulations of the Online Store; The Regulations are made available free of charge before concluding contracts on the Online Store website, and also – at the Customer’s request – in a way that allows him to obtain, reproduce and record the content of the Regulations using an ICT system.
Registration – a service provided electronically; procedure performed by the Customer in order to set up an Account and possibly complete the Order and use certain functions of the Online Store.
Online Store (Store) – an online service available at www.mateuszmrozowski.pl, with the use of which the Customer may, in particular, place an Order for available Goods.
Goods – a product available in the Online Store, which may be the subject of the Sales Agreement; the essential and specific properties of each Good are made available on the subpage of the Store assigned to it.
Sales Agreement – a contract for the sale of Goods within the meaning of the Act of 23 April 1964 – Civil Code, concluded in accordance with the provisions of these Regulations between the Seller and the Customer, via the Store’s sales system.
Order – Customer’s declaration of will leading directly to the conclusion of the Sales Agreement and indicating its essential conditions, made using the Basket function; Orders can be placed electronically through the Store’s sales system, 24 hours a day, 7 days a week throughout the year, with the proviso that their implementation takes place on Working Days from 8.00 am to 16.00; The Customer may place Orders only for available Goods.
