CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
1. These Rules define the terms and conditions for the provision of services by electronic means, including the terms and conditions of using the Shop, as well as the rights, obligations and conditions of liability of the Seller and the Customer. The Rules also contain the information which the Seller is obliged to provide to the Consumer under the applicable laws, including the Polish Act on Consumer Rights of 30 May 2014 (Poland’s Journal of Laws 2017.683, consolidated text as amended).
2. Every Customer should be familiar with the Rules.
3. The Rules are available on the website of the Shop and they are also made available free of charge prior to the conclusion of the agreement. When the Customer so requests, the way the Rules will be made available may be adjusted so that the Customer is able to acquire, display and save the contents of the Rules by means of the ICT system used by the Customer (e.g. by electronic mail).
4. Key definitions:
1) Rules: the Rules of the Online Shop;
2) Seller: MACTRONIC SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA, ul. Stargardzka 4, 54-156 Wrocław, NIP [Polish tax identification number] 8970013266, REGON [Polish business registry number] 931589124, KRS [Polish National Court Register number] 0000382952
3) Customer: a natural person who is at least 18, with full capacity to effect acts in law, a legal person or an organisational unit without legal personality but able to hold rights and assume obligations in its own name, who establishes a legal relationship with the Seller in respect of the activities of the Shop. The Customer is also a Consumer where the issue in question is not governed by any separate provisions with regard to the Consumer;
4) Consumer: The Customer who is a natural person and effects, together with the Seller, an act in law (a purchase) that is not directly related to that Customer’s business or professional activity;
5) Electronic Service – a service as defined in the Polish Act on Providing Services by Electronic Means of 18 July 2002 (Poland’s Journal of Laws 2017.1219, consolidated text as amended) which the Seller provides to the Customer by electronic means through the Site;
6) Shop or Online Shop, or Site: an Electronic Service, an Online Shop, operated by the Seller at https://mactronic.pl within which framework the Customer concludes a distance sales agreement; the parties are notified about sales by an automatically-generated electronic message, and the agreement (including, in particular, delivery of the Goods) is performed off-line;
7) Account – an Electronic Service to which a unique name (login) and password provided by the Customer is assigned; a collection of resources within the Seller’s ICT system where data provided by the Customer and information about the activities within the Shop are collected;
8) Goods or Product – the goods sold in the Shop, included in the Seller’s offer;
9) Agreement – a distance Agreement concerning the purchase of Goods, concluded as a result of the Customer placing an Order in the Shop and the Seller accepting the Order;
10) Form – a script classified as a mean of electronic communication that allows a person to place an Order in the Shop or undertake other activities in the Shop;
11) Order – an instruction to purchase the Goods submitted by the Customer by technical communication means;
12) Newsletter – an Electronic Service, an electronic distribution service provided by the Seller via electronic mail (e-mail), which allows all the Customers using it to automatically receive from the Seller regular messages (newsletters) with information about the Site, including information on news or promotions in the Shop.
CHAPTER 2. BACKGROUND AND TECHNICAL INFORMATION
1. The Seller’s contact information for the Customer: Mactronic sp. z o.o. sp. k., ul. Stargardzka 4, 54-156 Wrocław, email@example.com, 71 351 86 53.
2. The Seller offers the following types of Electronic Services:
1) Online Shop,
3) Issuing opinions (commenting),
3. The Seller provides Electronic Services in accordance with the Rules.
4. To be able to use the Shop, the Customer needs to comply with a technical requirement which requires them to have a computer or other devices with a web-browsing function, adequate software (including a web browser), Internet access and a valid and active e-mail account.
5. The Customer may not provide any content of illegal nature.
6. When using the Shop, the Customer may be exposed to typical Internet threats, such as spam, viruses, or hacker attacks. The Seller undertakes measures to counteract these threats. The Seller points out that the public nature of the Internet and the use of any services provided by electronic means may be associated with a risk of unauthorised persons gaining access to or modifying the Customers’ data; therefore, the Customers are advised to use adequate technical measures to minimise the above-mentioned risks, including antivirus software and online identity protection software.
7. The agreement for the provision of Electronic Services is concluded through the Online Shop. The Customer may terminate their use of Electronic Services at any time by leaving the Shop or removing the Customer’s account. In that case the agreement for the provision of Electronic Services is terminated automatically without the need to submit additional declarations of the parties.
8. The Shop may not be used by anonymous users or users operating under a pseudonym.
CHAPTER 3. PERSONAL DATA
1. The Seller shall process any data provided by the Customers in accordance with applicable provisions of the law, including Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data, the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation), OJ L 119 4.5.2016 (hereinafter: the ‘Regulation’). In particular:
1) The Seller shall ensure that the personal data are:
a) processed lawfully, fairly and in a manner that is transparent to the Customers and other data subjects;
b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d) accurate and, where necessary, kept up to date;
e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; and
f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
2) The Seller shall use appropriate technical and organisational measures to ensure a level of protection of the processed personal data appropriate to the nature, scope, context and purposes of the processing and to the risk of violation of the rights and freedoms of the natural persons;
3) The Seller shall provide the Customers and other data subjects with access to their personal data and shall enable the Customers and other data subjects to use their other rights in accordance with the relevant provisions of the law.
2. Personal data are processed on the legal ground of the Customer’s consent or on a different legal ground that can be used to process personal data, as mandated by the Regulation.
3. The Seller shall ensure implementation of the rights of data subjects whose personal data are processed, in accordance with the relevant provisions of the law, including:
1) the right to withdraw consent to processing personal data;
2) the right of a data subject to obtain information about their data;
3) the right of a data subject to control the processing of their data, including the right to supplement, update, rectify, or erase their data;
4) the right to lodge an objection about the processing or to restrict the processing;
5) the right to complain to the supervisory authority or use other legal means to protect their rights.
4. A person who has access to personal data may process the personal data only when authorised to do so by the Seller or under a personal data processing agreement and only when instructed to do so by the Seller.
5. The Seller warrants that they will not share any personal information with any entities other than authorised under the relevant provisions of the law, unless the European Union law or the law of Poland requires otherwise.
CHAPTER 4. ADDITIONAL INFORMATION
§ 1 Account.
1. An Account is registered free of charge at the website of the Shop. To register an Account, the following actions must be taken: The Customer should complete a registration form with the required details, declare their acceptance of the Rules, and submit other relevant declarations concerning processing of personal data and commercial communication. A verification link to verify the Account will be sent to the Customer’s email address provided by the Customer at Account registration. The Customer logs into their Account by entering the user name and password created by the Customer. Passwords are confidential and should not be shared with anyone.
2. An Account allows the Customer to enter or modify data, place or check Orders, and review Order history.
3. The Electronic Service: ‘Account’ is provided free of charge for an indefinite time.
4. The Customer may decide to close their Account in the Shop at any time by sending a relevant request to the Seller. The request may be sent by electronic means to the email address: firstname.lastname@example.org or in writing to the Seller’s address: Mactronic sp. z o.o. sp. k., ul. Stargardzka 4, 54-156 Wrocław.
§ 2. Newsletter
1. The service: ‘Newsletter’ provides the Customer with the information they request.
2. To be able to use the Newsletter, the Customer does not need to register an Account; however, they are required to provide their email address and submit declarations concerning their acceptance of the Rules, processing of personal data and commercial communication.
3. A link confirming the subscription to the Newsletter will be sent to the Customer’s email address.
4. The Electronic Service: ‘Newsletter’ is provided free of charge for an indefinite time.
5. The Customer may decide to stop using the Newsletter at any time by sending a relevant request to the Seller. The request may be sent by electronic means to the email address: email@example.com or in writing to the Seller’s address: Mactronic sp. z o.o. sp. k., ul. Stargardzka 4, 54-156 Wrocław.
§ 3. Opinions
1. The Seller shall allow the Customers to post their personal and subjective messages (opinions, comments) at the website of the Shop, in particular, messages relating to the Goods.
2. The service is provided free of charge for an indefinite time.
3. The service may be used anonymously.
4. The Seller may use the comments for the purposes of the content posted on the Site.
CHAPTER 5. SALE
§ 1. Goods
1. All Products offered by the Shop are new and free of defects. Detailed descriptions of Goods can be found at the website of the Shop.
2. It is possible to get a guarantee or after-sales services for the Goods. Details are provided in the description of the Goods.
§ 2. Orders and Order processing
1. An Order may be placed by completing a Form available in the Shop.
2. Orders may be placed after registering an Account in the Shop or without registering an Account in the Shop (guest purchases).
3. The Customer is required to complete the Form carefully, giving all the details as they really are and specifying their chosen method of payment and delivery.
4. The Customer completes the Form with the details and declares their acceptance of the Rules, and submit other relevant declarations concerning processing of personal data and commercial communication.
5. Orders may be placed in the Shop 24 hours a day, 7 days a week. All orders placed on Saturday, Sunday or on a bank holiday will be processed the following business day.
6. The Customer confirms placement of the Order by selecting the ‘Buy and Pay’ button (field). The Seller sends the confirmation of the Order to the Customer’s email address specified by the Customer.
7. The maximum order processing time (i.e. the time until shipment of the Goods) is 14 working days.
§ 3. Payments
1. All the prices of the Goods quoted in the Shop are gross prices in PLN (the prices include the VAT). The price of the Goods does not include the costs referred to in § 3(2) below. The price of the Goods quoted at the time the Order was placed by the Customer shall be the valid price for both the parties.
2. Any costs related to delivery of the Goods (e.g. transport, moving to the destination, postal services) and any other costs shall be borne by the Customer. The amount of such costs may vary depending on the Customer’s chosen method of delivery of the Goods. The Customer is informed about the amount of the costs at the time of placing the Order.
3. The Customer may select one of the following payment methods:
1) bank transfer – payment before shipment of the Goods (advance payment). After placing the Order, the Customer should pay/transfer the price of the Goods to the bank account of the Shop. The Order shall be processed after the price paid by the Customer is credited to the bank account of the Shop;
2) payment via Przelewy24 payment system – payment before shipment of the Goods (advance payment). After placing the Order, the Customer should pay the price of the Goods via Przelewy24. The Order shall be processed after the price paid by the Customer has been recorded by Przelewy24 payment system;
3) payment on personal collection of the Goods (cash or payment card) – The Customer pays the price of the Goods directly when collecting the Goods in person in the Seller’s physical shop. The Order shall be processed after it has been accepted.
4) payment on delivery of the Goods (cash on delivery) – The Customer pays the price of the Goods directly to the carrier when the Goods are delivered. The Order shall be processed after it has been accepted.
4. The Shop shall issue a proof of purchase for each Product sold and serve it on the Customer, if the generally applicable laws require service of the proof of purchase.
5. The Customer is required to make the payment within 7 days from the date of conclusion of the sales agreement, unless a different time limit applies to the chosen method of payment. Pursuant to Article 491(1) of the Polish Civil Code (Poland’s Journal of Laws 2017.459, consolidated text as amended), if the Customer fails to make the payment within the time limit referred to above, the Seller shall specify a different time limit for the Customer upon ineffective expiration of which the Seller shall be entitled to withdraw from the agreement. If the Customer declares that they will not perform the aforementioned obligation, the Seller shall be entitled to withdraw from the agreement without specifying a different time limit for the Customer even before the specified date of performance of the obligation.
§ 4. Delivery
1. A Product is sent to the address indicated by the Customer in the Form, unless agreed otherwise by the Parties.
2. A Product is delivered by a courier company or operator of INPOST’s network of automated parcel lockers. A parcel sent through InPost Parcel Lockers should be delivered within 5 working days from the date of dispatch of the Goods, whereas a parcel sent by a courier company should be delivered within 4 working days from the date of dispatch of the Goods.
3. The Customer may collect the Goods in person at the premises of Mactronic sp. z o.o. sp. k., ul. Stargardzka 4, 54-156 Wrocław.
4. The Seller shall provide the Customer with the Goods together with all the relevant accessories, user manuals, maintenance instructions, and other documents required by generally applicable laws.
5. The Seller points out that:
1) when the Goods are released to the Customer or the carrier, the benefits and burdens associated with the Goods shall be transferred to the Customer along with the risk of accidental loss of or damage to the Goods. When the Goods are sold to the Consumer, the risk of accidental loss of or damage to the Goods shall be transferred to the Consumer when the Goods are released to the Consumer. The Goods are deemed to have been released when handed over to the carrier by the Seller, if the carrier was chosen by the Consumer and the Seller had no influence on that choice;
2) if the Customer accepts the Goods shipped without reservations, any claims in respect of any loss or damage in transit shall expire, unless:
a) the damage has been identified and documented in a protocol before acceptance of the shipment;
b) the damage has not been identified due to a fault of the carrier’s;
c) the loss or damage resulted from wilful misconduct or gross negligence on the part of the carrier;
d) the damage that could not be observed from the outside is identified by an authorised person after the shipment has been accepted, and an authorised person has requested, within 7 days, that the condition of the shipment be inspected, and the damage has been proven by an authorised person to occur between the time of acceptance and release of the shipment.
§ 5. Additional Consumer information
1. The agreement is not concluded for an indefinite time and it is not automatically extended.
2. The minimum duration of the Consumer’s obligations under the Agreement is the duration of performance of the Agreement, i.e. the time between making the payment and collecting the Goods.
3. The Consumer is entitled to use the Shop without being required to lodge a security deposit or make any other financial guarantees.
4. The Seller is not required to apply and does not apply a code of good practice referred to in Article 2(5) of the Polish Act on counteracting unfair market practices of 23 August 2007 (Poland’s Journal of Laws 2017.2070, consolidated text as amended).
CHAPTER 6. LIABILITY
1. The liability under the statutory guarantee shall be excluded with regard to legal relationships with the Customers.
2. The Seller shall be liable to the Consumer if a physical or legal defect (statutory guarantee) is found in the Goods, pursuant to the provisions of the Polish Civil Code (Poland’s Journal of Laws 2017.459, consolidated text as amended) and the Polish Act on Consumer Rights of 30 May 2014 (Poland’s Journal of Laws 2017.683, consolidated text as amended).
1) A physical defect is when the Goods do not correspond with the agreement. The Goods do not correspond with the agreement in particular when:
a) the Goods do not have the properties that they should have, given the type of item that they represent and the purpose determined in the agreement or resulting from specific circumstances or any intended use;
b) the Goods do not have the properties the existence of which has been warranted to the Consumer by the Seller;
c) the Goods are not suitable for the purpose that the Seller has been notified of by the Consumer at the conclusion of the agreement, and for which the Seller has not risen any objections at the aforementioned time;
d) the Goods have been released to the Consumer incomplete.
2) The Goods have a legal defect if they are owned by any third party or if they are burdened with any third party rights, or if the use or disposal of the Goods is restricted as a result of a decision or ruling of any competent authority; in the event of sale of a right, the Seller shall also be responsible for the existence of a right;
3) Under the statutory guarantee, the Seller shall be liable for physical defects which existed when the risk was transferred to the Consumer or resulted from causes inherent in the Goods at that time.
4) The Seller shall be exempt from their liability under the statutory guarantee if the Consumer knew about the defect at the time of conclusion of the agreement;
5) If the physical defect is identified before one year has elapsed from the date of release of the Goods, it shall be presumed that the defect or its cause existed when the risk was transferred to the Consumer;
6) The Seller shall be liable under the statutory guarantee if the physical defect is identified before two years have elapsed from the date when the Product was released to the Consumer, and if the Goods purchased by the Consumer are second-hand movable goods, the Seller shall be liable under the statutory guarantee if the physical defect is identified before one year has elapsed from the date when the Goods were released;
7) Under the statutory guarantee, the Consumer is entitled to:
a) demand that the price of the Goods be reduced, or withdraw from the agreement, unless the Seller replaces the defective item with an item that is free from defects, or removes the defect, which must be done promptly and without undue inconvenience to the Consumer;
b) demand that the Seller replace the Goods with Goods that are free from defects rather than remove the defect, or demand that the Seller remove the defect rather than replace the Goods, regardless of the Seller’s suggestions, unless the compliance of the Goods with the agreement cannot be restored using the Consumer’s chosen method or such restoration would require excessive costs compared to the method suggested by the Seller. When assessing whether the costs are excessive, account should be taken of the value of goods when free from defects, type and importance of the defect identified, and inconveniences that any other method of claim satisfaction would otherwise cause to the Consumer;
8) When exercising their rights under the statutory guarantee, the Consumer shall be required to deliver the defective item to the address specified in the agreement, at the cost of the Seller, and if the agreement does not specify the address, the Consumer shall be required to deliver the defective item to where it was released to the Consumer.
CHAPTER 7. COMPLAINTS HANDLING PROCEDURE
1. The Customer should submit any complaints in writing to the following address of the Seller: Mactronic sp. z o.o. sp. k., ul. Stargardzka 4, 54-156 Wrocław. The Customer may use a model complaint form available in the Shop, although this is not required for the complaint to be processed.
2. If it is found that the shipment containing the Goods have been tampered with or suffered any loss or damage, the Customer should lodge a complaint with the Seller without undue delay (not later than within 7 days from receipt of the shipment). If the above action is taken, it will be possible to pursue claims from the carrier. It is not a prerequisite for processing the Consumer’s complaint.
3. When filing the complaint, the Customer should give a detailed description of the problem and explain what the Customer wants done to fix it; as an option, photographic documentation may also be included.
4. The Seller undertakes to process the Customer’s complaint within 30 days and the Consumer’s complaint within 14 days. If the Seller does not address the Consumer’s complaint within 14 days, it shall be deemed that the Seller considers the complaint justified.
5. If the complaint is accepted, the Seller shall take appropriate actions.
6. It is possible to use out-of-court methods for processing complaints and pursuing claims as part of legal relationships with the Consumers. The possible out-of-court methods include:
1) resolution of disputes electronically via the Online Dispute Resolution platform (ODR) available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL;
2) amicable proceedings before a common court or or other authorities.
CHAPTER 8. WITHDRAWAL
1. The Seller or the Customer may withdraw from the Agreement in the manner prescribed by the provisions of the Polish Civil Code (Poland’s Journal of Laws 2017.459, consolidated text as amended).
2. The Consumer shall have the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods.
3. The information about the Consumer’s right to withdraw from the Agreement is included in the instruction about the right of withdrawal available at the website of the Shop.
4. The right to withdraw from the Agreement shall not be granted to the Consumer in respect of certain agreements, including:
1) service agreements, if the Seller has fully performed the service with the Consumer’s prior express consent and acknowledgement, expressed before the performance has begun, of the Seller’s instruction that the Consumer’s right of withdrawal is lost after the Agreement is fully performed by the Seller;
2) agreements that provide for the price or remuneration dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur before the end of the withdrawal period;
3) agreements on the supply of Goods that are not standard Goods but Goods made to the Consumer’s specifications or clearly personalised;
4) agreements on the supply of Goods that are liable to deteriorate or expire rapidly;
5) agreements on the supply of Goods delivered in sealed packaging which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
6) agreements on the supply of Goods which are, by their nature, inseparably mixed with other items after delivery;
7) agreements on the supply of alcoholic beverages the price of which has been agreed upon at the time of the conclusion of the Agreement, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the Seller;
8) agreements where the Consumer has specifically requested a visit from the Seller for the purpose of carrying out urgent repairs or maintenance; if the Seller provides any services in addition to those specifically requested by the Consumer or any items other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the Consumer may exercise the right to withdraw from the Agreement in respect of those additional services or items;
9) agreements on the supply of audio or video recordings or computer software delivered in sealed packaging which were unsealed after delivery;
10) agreements on the supply of a newspaper, periodical or magazine with the exception of subscription agreements for the supply of such publications;
11) agreements concluded at a public auction;
12) agreements on the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure, entertainment, sports or cultural events, if the agreement provides for a specific date or period of performance;
13) agreements on the supply of digital content which is not supplied on a tangible medium if the performance has begun with the Consumer’s express consent, granted before the end of the withdrawal period and after the Consumer has been instructed by the Seller about the Consumer losing their right to withdraw from the agreement.
5. The Seller shall reimburse all payments received from the Consumer, including the costs of delivery of the Goods, without undue delay, and in any event not later than 14 days from the date of receipt of the Consumer’s statement concerning withdrawal from the agreement. The Seller shall reimburse the payments using the same means of payment as the Consumer used, unless the Consumer has expressly agreed otherwise and provided that the Consumer does not incur any costs as a result of such reimbursement.
6. If the Consumer has chosen a method of delivery of the item other than the cheapest usual way of delivery offered by the Seller, the Seller shall not required to reimburse any additional costs incurred by the Consumer.
7. The Consumer is required to return the Goods together with all of its equipment, including packaging, insofar as it constitutes an important element of the Goods. The Seller is entitled to withhold the reimbursement of payments until the Goods ordered have been returned or until the proof of return is provided to the Seller, whichever occurs first.
8. The Consumer shall only bear the direct costs of returning the Goods unless the Seller has agreed to bear them or the Seller has failed to inform the Consumer that the Consumer has to bear them.
9. The Consumer shall be liable for any diminished value of the Goods resulting from the handling of the Goods other than what is necessary to establish the nature, characteristics and functioning of the Goods.
10. Upon effective withdrawal from the Agreement, the Agreement shall be deemed not concluded.
CHAPTER 9. INTELLECTUAL PROPERTY
1. Any rights to the Site and its content shall belong to the Seller.
2. The address of the website under which the Site is available and the content of the website: https://mactronic.pl are subject to copyright and are protected by copyright and intellectual property law.
3. All logos, proper names, graphic designs, videos, text, forms, scripts, source codes, passwords, trademarks, service marks etc. are registered trademarks and belong to the Seller, manufacturer or distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting or distributing any content from https://mactronic.pl without the owner’s consent is prohibited.
CHAPTER 10. FINAL PROVISIONS
1. In any and all matters not regulated by these Rules as far as legal relationships with Customers or Consumers are concerned, the relevant provisions of applicable law shall apply.
2. Any departures from these Rules shall only be effective if made in writing.
3. The competent court to resolve disputes between the Seller and the Customer shall be the court competent for the registered office of the Seller. The competent court to resolve disputes between the Seller and the Consumer shall be the court that is competent according to the generally applicable rules (a court having jurisdiction over the place of residence of the defendant) or any other court that is more convenient to the Consumer (pursuant to Articles 31-37 of the Polish Code of Civil Procedure).