1. These Regulations define the general terms and conditions, rules and manner of sales conducted by MBP Express Nowak Przemysław, based in Gostyn, through the online store www.shop-mbpexpress.eu (hereinafter referred to as the "Online Store"), and specify the terms and conditions for the provision of free electronic services by MBP Express, based in Gostyn.
§ 1 Definitions
1. Working days - means the days of the week from Monday to Friday excluding public holidays.
2. Delivery - means the actual act of delivering to the Customer by the Seller, through the Supplier, the Goods specified in the order.
3. Supplier - means the entity with which the Seller cooperates in making the Delivery of Goods:
3.1. courier company;
3.2. InPost Sp. z o.o. with its registered office in Cracow, which provides Delivery services and operates a system of post office boxes (Paczkomat);
4. Password - means a sequence of letter, digital or other characters selected by the Client during the Registration in the Online Store, used to secure access to the Client's Account in the Online Store.
5. Customer - means an entity to whom, in accordance with the Regulations and legal provisions, electronic services may be provided or with whom a Sales Agreement may be concluded.
6. Consumer - means a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
7. Customer Account - means an individual panel for each Customer, launched for his/her benefit by the Seller, after the Customer registers and concludes an agreement for the provision of the Customer Account service.
8. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting in its own name a business or professional activity and performing a legal action directly related to its business or professional activity.
9. Entrepreneur with the rights of a Consumer - means a natural person entering into a Sales Contract directly related to his/her business activity, when the content of the Sales Contract shows that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
10. Regulations - means these Regulations.
11. Registration - means an actual action performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
12. Store Website - means the websites under which the Seller operates the Online Store, operating in the domain www.shop-mbpexpress.eu.
13. Goods - means a product presented by the Seller via the Store's Website, which may be the subject of a Sales Contract.
14. Permanent carrier - means a material or tool that allows the Customer or the Seller to store information addressed personally to the Customer, in a manner that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used, and that allows the reproduction of the stored information in an unchanged form.
15. Contract of sale - means a contract of sale concluded remotely, under the terms of the Regulations, between the Customer and the Seller.
§ 2 General provisions and use of the Online Store
1. All rights to the Online Store, including property copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to the templates, forms, logos posted on the Online Store Website (except for logos and photos presented on the Online Store Website for the purpose of presentation of goods, the copyrights to which belong to third parties) belong to the Seller, and the use of them may be made only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
2. The Seller uses the mechanism of "cookies" files, which are saved by the Seller's server on the hard drive of the Customer's final device when the Customers use the Store's Website. The use of "cookies" is aimed at the proper operation of the Store's Website on Customers' terminal devices. This mechanism does not damage the Customer's final device and does not cause any configuration changes in the Customers' final devices or in the software installed on these devices. Each Customer can disable the "cookies" mechanism in the web browser of his or her device end device. The Seller points out that disabling "cookies" may, however, make it difficult or impossible to use the Store's Website.
3. In order to place an order in the Online Store via the Store's Website or via e-mail and to use the services available on the Store's Websites, it is necessary for the Customer to have an active e-mail account. If the Customer chooses Delivery via, the Customer should also have an active telephone number, the provision of which is required for the purposes of Delivery.
4. In order to place an order in the Online Store by telephone, it is necessary for the Customer to have an active telephone number and an active e-mail account.
5. it is forbidden for the Customer to provide unlawful content and to use the Online Store, the Online Store Website or free services provided by the Seller, in a manner contrary to the law, good morals or violating the personal rights of third parties.
6. The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the risks indicated above. In particular, they should use anti-virus and identity protection programs for Internet use. The seller never ask the Customer to provide him with a Password in any form.
7. It is not permissible to use the resources and functions of the Online Store for the purpose of carrying out activities by the Customer that would violate the interests of the Seller, i.e. advertising activities of another business or product; activities involving the posting of content not related to the business of the Seller; activities involving the posting of illegal content; activities involving the posting of false or misleading content.
§ 3 Registration
1. In order to create a Customer Account, the Customer is required to make a free Registration.
2. Registration is not necessary to place an order in the Online Store.
3. For Registration, the Customer shall complete the registration form provided by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function located in the registration form. During the Registration process, the Customer sets an individual Password.
4. When completing the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting its content by marking the appropriate field in the form.
5. During Registration, the Customer may voluntarily consent to the processing of his/her personal data for marketing purposes by checking the appropriate box in the registration form. In such a case, the Seller shall clearly inform about the purpose of collecting the Customer's personal data, as well as about the known or anticipated recipients of such data.
6. The Client's consent to the processing of his/her personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the electronic provision of the Customer Account service. Consent may be withdrawn at any time by submitting an appropriate statement of the Client to the Seller. The statement may, for example, be sent to the Seller's address via e-mail.
7. After submitting the completed registration form, the Customer shall immediately receive, by e-mail to the e-mail address provided in the registration form, confirmation of the Registration by the Seller. As of this moment, the contract for electronic provision of the service of maintaining the Customer's Account is concluded, while the Customer obtains the ability to access the Customer Account and make changes to the data provided during Registration.
§ 4 Orders
1. The information contained on the Store's Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Contract.
2. the Customer may place orders at the Online Store via the Store's Website or e-mail 7 days a week, 24 hours a day.
3. the Customer may place orders in the Online Store via telephone during the hours and days indicated on the Store's Website.
4. A customer placing an order via the Store's Website, completes the order by selecting the Goods in which he/she is interested. The Goods are added to the order by selecting the BUY command under the given Goods presented on the Store's Website. After completing the entire order and indicating in the "CART" the method of Delivery and the form of payment, the Customer places the order by sending the order form to the Seller, selecting the "Order and pay" button on the Store's Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as all additional costs he is obliged to pay in connection with the Sales Agreement.
5. A Customer placing an order by telephone shall use the telephone number provided by the Seller on the Store's Website. During the telephone conversation, the Client indicates to the Seller the name of the Goods from among the Goods on the Store's Website, the quantity of Goods he would like to order, and specifies the method and address of Delivery and the form of payment, as well as indicates, at his choice, his e-mail address or correspondence address in order for the Seller to confirm the content of the proposed contract and to confirm the order - if a Contract of Sale is concluded between the Client and the Seller. Each time during the phone call, the Seller informs the Customer about the total price of the selected Goods and the total cost of the selected method of Delivery, as well as all additional costs that the Customer would be obliged to pay if the Contract of Sale was concluded.
6. After concluding the Contract of Sale by telephone, the Seller will send, on a durable medium, to the e-mail or correspondence address provided by the Customer, information containing confirmation of the terms of the Contract of Sale. The confirmation shall include, in particular: identification of the Goods being the subject of the Contract of Sale, its price, the cost of Delivery and information on any other costs that the Customer is obliged to pay in connection with the Contract of Sale.
7. the Customer placing an order via e-mail, sends it to the e-mail address provided by the Seller on the Store's Website. The Customer, in the message sent to the Seller, provides in particular: the name of the Goods, the color and its quantity, from among the Goods presented on the Store's Website, and his/her contact details.
8. After receiving from the Client electronically the message referred to in §4.7, the Seller sends a return message to the Client via e-mail, providing his registration data, the price of the selected Goods and the possible forms of payment and the method of Delivery together with its cost, as well as information about all additional payments to be incurred by the Client under the Sales Contract. The message also contains information for the Customer that the conclusion of the U Sales Contract by e-mail entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place an order by sending an e-mail message to the Seller indicating the selected form of payment and method of Delivery.
9. Placing an order constitutes an offer by the Client to the Seller to conclude a Sales Contract for the Goods that are the subject of the order.
10. After placing an order, the Seller sends a confirmation of its placement to the e-mail address provided by the Customer.
11. Subsequently, after confirmation of the order placement, the Seller sends to the e-mail address provided by the Customer information on acceptance of the order for execution. The information on acceptance of the order for execution is the Seller's statement of acceptance of the offer referred to in §4 item 9 above, and upon its receipt by the Customer, the Contract of Sale is concluded.
12. After the conclusion of the Sales Agreement, the Seller confirms the terms and conditions of the Agreement to the Customer by sending them in a durable medium, to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or order placement.
§ 5 Payments
1. The prices on the Store's Website posted next to a given Goods are gross prices and do not include information on delivery costs and any other costs that the Customer will be obliged to incur in connection with the sales contract, of which the Customer will be informed when selecting the method of delivery and placing the order.
2. The Customer may choose the following forms of payment for the ordered Goods:
2.1. bank transfer to the Seller's bank account (in this case, the execution of the order will be initiated after the Seller sends the Customer a confirmation of acceptance of the order and after the receipt of funds in the Seller's bank account);
2.2. bank transfer through an external payment system przelewy24.pl, operated by PayPro S.A. Clearing Agent with headquarters in Poznań (in this case, order processing will begin after the Seller sends the Customer a confirmation of order acceptance and after the Seller receives information from the PayPro system that the Customer has made payment);
2.3. by payment card through an external payment system eService, operated by the company Centrum Elektronicznych Usług Płatniczych eService Sp. z o.o. with its registered office in Warsaw (in this case, order processing will be initiated after the Seller sends the Customer a confirmation of order acceptance and after the Seller receives information from the eService system about the successful completion of the conducted payment);
2.4. cash on delivery, payment to the Supplier at the time of delivery (in this case, order processing will be initiated after the Seller sends the Customer a confirmation of order acceptance).
2.5. The Customer shall make payment for the order in the amount resulting from the concluded Sales Contract within 3 Business Days, if he has chosen the form of prepayment.
2.6. If the Customer fails to make payment within the time limit referred to in §5.3, the Seller shall set an additional time limit for the Customer to make payment and inform the Customer about it on a durable medium. The information about the additional deadline for payment shall also include information that upon ineffective lapse of this deadline, the Seller will withdraw from the Sales Agreement. In the event of ineffective expiration of the second deadline for payment, the Seller shall send the Customer a statement of withdrawal from the contract on a Durable medium pursuant to Article 491 of the Civil Code.
§ 6 Delivery
1. The Seller shall carry out Delivery in the territory of the Republic of Poland and the European Union.
2. The Seller shall deliver the Goods subject to the Sales Contract without defects.
3. The Seller shall post on the Store's Website information on the number of Working Days required for Delivery and order processing.
4. The Delivery and Order Fulfillment period indicated on the Store's Website is calculated in Business Days in accordance with §5(2) of the Terms and Conditions.
5. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form. In the case of choosing InPost Sp. z o.o. with its registered office in Kraków as the Deliverer, the address of the Parcel Machine chosen by the Customer at the time of placing the order will be the address of Delivery.
6. On the day of shipment of the Goods to the Customer, information confirming the dispatch of the parcel by the Seller shall be forwarded to the Customer's e-mail address.
7. The Customer shall be obliged to examine the delivered parcel at the time and in the manner usual for parcels of a given type. If the shipment is found to be damaged or defective, the Customer shall have the right to demand that an employee of the Supplier write an appropriate protocol.
8. The Seller, according to the Customer's will, shall attach to the consignment being delivered a receipt or a VAT invoice covering the delivered Goods. In order to receive a VAT invoice, the Customer should declare at the time of purchase that he purchases the Goods as an Entrepreneur (taxpayer). The above declaration is made by marking the appropriate field in the order form, before sending the order to the Seller.
9. As part of the implementation of the contract with the Customer, the Seller may send an invitation to the Customer's e-mail address to complete an after-sales survey. The survey is used to examine opinions about the transaction carried out. The Customer may voluntarily complete the survey.
§ 7 Warranty
1. The Seller shall ensure Delivery of Goods free of physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
2. If the Goods have a defect, the Customer may:
2.1. make a statement to reduce the price or withdraw from the Contract of Sale, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the Goods with defect-free or remove the defects. The Client may, instead of the removal of defects proposed by the Seller, demand that the Goods be replaced with defect-free Goods or, instead of replacing the Goods, demand the removal of defects, unless bringing the Goods into conformity with the agreement in the manner selected by the Client is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessive cost, the value of the Goods free from defects, the type and significance of the identified defect shall be taken into account, as well as the inconvenience to which the Customer would be exposed by another way of satisfaction.
2.2. demand replacement of the defective Goods with defect-free Goods or removal of the defect. The Seller shall be obliged to replace the Defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if bringing the Defective Goods into conformity with the Contract of Sale in a manner chosen by the Customer is impossible or, in comparison with the other possible manner of leading to conformity with the Contract of Sale, would require excessive costs. The cost of repair or replacement shall be borne by the Seller.
3. The Customer who exercises warranty rights is obliged to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer and an Entrepreneur with rights of a Consumer, the cost of delivery is covered by the Seller.
4. The Seller shall be liable under the warranty if a physical defect is discovered before the expiration of two years from the release of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with defect-free Goods shall be time-barred after one year, but this period cannot end before the expiration of the period specified in the first sentence. Within this period, the Customer may withdraw from the Contract of Sale or make a statement of price reduction due to a defect in the Goods. If the Customer has demanded replacement of the Goods with defect-free Goods or removal of the defect, the period for withdrawal from the Sales Agreement or submission of a statement on price reduction shall begin upon the ineffective expiration of the period for replacement of the Goods or removal of the defect.
5. Any complaints related to the Goods or the performance of the Sales Contract, the Customer may address in writing to the address of the Seller.
6. The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint of the Goods or the complaint related to the implementation of the Contract of Sale reported by the Client.
7. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to firstname.lastname@example.org. The Customer should include a description of the problem in the complaint. The Seller shall promptly, but no later than within 14 days, consider complaints and provide the Customer with a response.
8. In relation to Entrepreneurs, the Seller excludes its liability under the warranty.