REGULATIONS OF THE INTERNET SHOP OF MEXALIM SP. Z O.O.
- The MALEXIM.PL Internet Shop, hereinafter referred to as the Shop, available at www.malexim.pl/sklep, is run by Fabryka Farb i Lakierów “Malexim” Sp. z o.o. with its registered office in Warsaw (03-879), located at 5 Przecławska Street, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Economic Division of the National Court Register under KRS number: 0000343752, with the share capital of 100. These regulations, hereinafter referred to as the Regulations, are addressed both to consumers and entrepreneurs – as defined in paragraph 2 of the Regulations – who use the Shop and specify the principles of using the Online Shop and the rules and procedure for concluding Distance Sale Agreements with the Client through the Shop.
- Consumer – a natural person with full legal capacity concluding an agreement with the Seller within the Shop, the object of which is not directly related to his business or professional activity;
- Seller – Fabryka Farb i Lakierów “Malexim” sp. z o.o. with its registered office in Warsaw (03-879), located at 5 Przecławska Street, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Department of the National Court Register under KRS number: 0000343752, with a share capital of PLN 100,000, with tax identification number NIP: 9510063961, REGON number 011232578;
- Customer – each entity making purchases through the Store, both the Consumer and the Entrepreneur;
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, carrying out in its own name a business activity;
- Shop – an online store run by the Seller at www.malexim.pl;
- Distance contract – an agreement concluded with a Customer under an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the Parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement;
- Regulations – these Rules and Regulations of the Store;
- Order – a statement of the Customer’s will made using the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller;
- Account – the Customer’s account in the Store, it collects the personal data provided by the Customer and information on Orders placed by him/her in the Store;
- Registration form – a form available at the Store which enables the creation of an Account for the Customer;
- Order Form – an interactive form available at the Store enabling the placing of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment;
- Cart – an element of the Store’s software, in which the Products selected by the Customer to be purchased are visible, and it is possible to determine and modify the data of the Order, in particular the quantity of products;
- Product – a movable item available in the Store which is the subject of the Sales Agreement between the Customer and the Seller;
- Sales Agreement – a Product sales agreement concluded between the Customer and the Seller via the Online Store.
Contact with the Shop
- Seller’s address: 5 Przecławska Street, 03-879 Warsaw;
- Seller’s e-mail address: firstname.lastname@example.org,
- Seller’s phone number: 22 744-23-91,
- Seller’s fax number: 22 744-23-90,
- Seller’s bank account number: 20 1020 3466 0000 9302 0033 9051,
- The Client may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
- The Client may communicate with the Seller by phone from 8:00 to 16:00 Monday to Friday.
- In order to use the Shop, including browsing the Shop’s assortment and placing orders for the Products, it is necessary for the Customer to have them:
a. a terminal device with Internet access and a Google Chrome type web browser;
b. an active e-mail account (e-mail);
c. the handling of cookies is enabled.
- The Seller shall not be liable for any disruptions, including interruptions in the functioning of the Shop caused by force majeure, unauthorised action by third parties or incompatibility of the Online Shop with the technical infrastructure of the Customer.
- Viewing the Shop’s range of products does not require setting up an Account. The Customer may place orders for the Products in the Store’s range of products after setting up an Account in accordance with the provisions of § 6 of the Rules and Regulations or by providing the necessary personal and address data to enable execution of the Order without setting up an Account.
- The prices given in the Store are in Polish zloty and are gross prices (including VAT).
- The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), of which the Customer is informed on the Store’s website when placing an Order, including at the moment of expressing his or her will to be bound by the Sales Agreement.
- If the nature of the subject matter of the Agreement does not allow, judiciously assessing, for an earlier calculation of the final (final) price, information about the manner in which the price will be calculated, as well as fees for transport, delivery, postal services and other costs, will be given in the Store in the description of the Product.
Creating an Account in the Shop
- To create an Account in the Shop, you must fill in the Registration Form. It is necessary to provide the following data: user name or e-mail address and password to log in. Creating an Account in the Shop is free.
- Logging in to the Account takes place by providing the login and password established in the Registration Form, assigned individually to the Customer.
- The Customer has the opportunity at any time, without giving any reason and without incurring any fees for doing so, to delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses given in § 3.
Rules for placing an Order
In order to place an Order, you must:
- log in to the Store – optional;
- select the Product being the subject of the Order, and then click the “To Cart” button (or equivalent);
- log in or use the possibility of placing an Order without registration;
- if the option of placing an Order without registration has been selected – fill in the Order Form by entering the data of the recipient of the Order and the address to which delivery of the Product is to take place, select the type of shipment (method of delivery of the Product), enter the data in the invoice if different from the data of the recipient of the Order;
- Click the “Order and pay” button / click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail;
- select one of the available payment methods and, depending on the method of payment, pay for the Order within the specified time limit, subject to § 8 item 3 of the Regulations.
Delivery and payment methods offered
- The Customer may use the following methods of delivery or collection of the ordered Product:
– courier service;
- The customer can use the following payment methods:
- Payment by bank transfer to the Seller’s account;
- Electronic payments;
- Payment by payment card.
- Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
Implementation of the Sales Agreement
- The conclusion of the Sales Agreement between the Client and the Seller takes place after the Client places an Order using the Order Form in the Online Shop in accordance with § 7 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Client an appropriate e-mail message to the Client’s e-mail address given during the submission of the Order, which contains at least the Seller’s statement of receipt of the Order and its acceptance for execution and confirmation of conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
- If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 2 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be cancelled.
- The product shall be sent by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
- A – In the case of ordering Products with different delivery dates, the delivery date is the longest given.
B – In the case of ordering Products with different delivery dates, the Customer has the option of requesting delivery of the Products in parts or delivery of all Products after completion of the entire order.
- The beginning of the term of delivery of the Product to the Customer is counted in the following way – if the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
- The beginning of the period of Product readiness for collection by the Customer is counted in the following way: a. In case the Customer chooses a method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account;b. In the case of the Customer’s choice of cash on personal collection – from the date of conclusion of the Sales Agreement.
- Delivery of the Product takes place exclusively in Poland.
- Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. Costs of delivery of the Product (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website in the “Costs of delivery” tab and during placing the Order, including the moment when the Customer expresses his will to be bound by the Sales Agreement.
Consumer’s right to withdraw from the Agreement
- The consumer has the right to withdraw from the Sales Agreement within 14 days without giving any reason.
- The period specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person indicated by the Consumer other than the carrier.
- In the case of an Agreement that includes multiple Products that are delivered separately, in batches or parts, the period specified in paragraph 1 shall run from the delivery of the last thing, batch or part.
- The Consumer has the right to withdraw from the Contract by submitting to the Seller a declaration of withdrawal from the Contract. To meet the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send the statement before the expiry of this deadline.
- The statement may be sent by traditional mail, fax or e-mail by sending the statement to the e-mail address of the Seller or by submitting the statement on the website of the Seller – contact details of the Seller are specified in § 3 of the Regulations. The declaration can also be submitted on the form, the specimen of which is attached as Appendix 1 to these Regulations and the Appendix to the Act of 30 May 2014 on Consumer Rights, but it is not obligatory.
- In case of sending the statement by the Consumer by e-mail, the Seller shall immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
- Consequences of withdrawal from the Agreement:
- In case of withdrawal from the Distance Contract, the Contract shall be deemed not concluded;
- In case of withdrawal from the Agreement, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivery of goods, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller;
- The Seller shall refund the payment using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution which will not involve any costs for him;
- The Seller may withhold the return of payment until the Product is received back or until proof of its return is provided, whichever occurs first;
- The Consumer should send the Product back to the address of the Seller specified in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline shall be met if the Consumer sends back the Product before the expiry of the 14-day deadline;
- The consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not normally be sent back by post; g. The Consumer is only liable for any reduction in the value of the Product resulting from using it in a manner other than necessary to determine the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be sent back by ordinary mail, information about this, as well as the costs of returning the Product, will be included in the description of the Product in the Shop.
- The right to withdraw from the Distance Contract shall not apply to the Consumer with regard to the Contract: a. whose subject matter of the performance is an item not manufactured, produced according to the Consumer’s specifications or serving to satisfy his individual needs; b. whose subject matter of the performance is an item delivered in sealed packaging which cannot be returned for health protection or hygienic reasons if the packaging was opened after delivery; c. c. the object of which is an item that is rapidly deteriorating or has a short shelf life; d. the object of which is an item that, by its nature, is inseparably combined with other items after delivery.
Complaint and warranty
- The Sales Agreement covers new Products.
- The Seller shall be obliged to provide the Customer with the item free of defects.
- In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty regulations in the Civil Code.
- The complaint should be reported in writing or electronically to the addresses of the Seller given in these Regulations.
- The Customer is obliged to include in the complaint, among other things, a brief description of the defect, circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the goods.
- The Seller shall respond to the claim immediately, not later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s claim is justified.
- Goods sent back under the complaint procedure should be sent to the address given in § 3 of the Regulations.
- If a warranty has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
Out-of-court complaint handling and redress
- Detailed information on the possibility of using out-of-court complaint and redress procedures by the Consumer and the rules of access to these procedures are available in the offices and on the websites of district (municipal) consumer advocates, social organisations whose statutory tasks include consumer protection, Voivodeship Trade Inspectorates and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following exemplary possibilities to use out-of-court complaint handling and redress:
- Konsument uprawniony jest do zwrócenia się do stałego polubownego sądu konsumenckiego, o którym mowa w art. 37 ustawy z dnia 15 grudnia 2000 r. o Inspekcji Handlowej (Dz.U. z 2014 r. poz. 148 z późn. zm.), z wnioskiem o rozstrzygnięcie sporu wynikłego z Umowy zawartej ze Sprzedawcą;
- Konsument uprawniony jest do zwrócenia się do wojewódzkiego inspektora Inspekcji Handlowej, zgodnie z art. 36 ustawy z dnia 15 grudnia 2000 r. o Inspekcji Handlowej (Dz.U. z 2014 r. poz. 148 z późn. zm.), z wnioskiem o wszczęcie postępowania mediacyjnego w sprawie polubownego zakończenia sporu między Konsumentem a Sprzedawcą;c. Konsument może uzyskać bezpłatną pomoc w sprawie rozstrzygnięcia sporu między nim a Sprzedawcą, korzystając także z bezpłatnej pomocy powiatowego (miejskiego) rzecznika konsumentów lub organizacji społecznej, do której zadań statutowych należy ochrona konsumentów (m.in. Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich).
Personal data in the Online Shop
- The administrator of the Customers’ personal data collected via the Online Store is the Seller.
- The personal data of the Customers collected by the administrator via the online store are collected for the purpose of the Sales Agreement, and if the Customer agrees, also for marketing purposes.
- The recipients of the personal data of the Customers of the On-line store may be:
- In the case of a Customer who uses the online store’s delivery method by mail or courier, the Administrator shall make the collected personal data of the Customer available to a selected carrier or intermediary carrying out parcels on the Administrator’s order solely for the purpose of delivery;
- In the case of a Customer who uses the method of electronic payment or payment card in the Online Store, the Administrator shall make the collected personal data of the Customer available to a selected entity handling the above payments in the Online Store exclusively for the purpose of payment transactions.
- The Customer has the right to access and correct his or her data.
- The provision of personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the impossibility of concluding the Agreement.
- The contracts concluded through the Internet Shop are concluded in Polish.
- The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer about each change at least 7 days in advance by placing the relevant changes on the Store’s website.
- In matters not regulated by the Regulations, the generally applicable provisions of Polish law shall apply, in particular: The Civil Code; the Act on the provision of electronic services; the Act on Consumer Rights; the Act on Personal Data Protection.
- The Customer shall have the right to use out-of-court methods of complaint handling and asserting claims. For this purpose, he may lodge a complaint via the EU ODR Internet platform available at the address: http://ec.europa.eu/consumers/odr/.