Terms and Conditions
These Regulations set forth the general terms and conditions, rules and manner of use by Buyers of the Internet platform, which includes an online store under the following Internet addresses: mz-store.pl, mz-store.co.uk, mz-store.de, mz-store.it, mz-store.at, mz-store.es (hereinafter referred to as the "Online Store") and the terms and conditions for the provision of free electronic services by MZ-STORE joint-stock company.
1. GENERAL PROVISIONS
1.1 The owner of the mz-store Internet Store is MZ-STORE joint-stock company with its registered office in Reda, 47 Cypriana Kamila Norwida Street (84-240), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under the number 0000877266, having NIP: 5862363341 and REGON number: 387876117, with the share capital in the amount of PLN 5,000,000.00, paid in full (hereinafter referred to as MZ-STORE).
1.2 The mz-store online store is a platform operated by its owner (data in section 1.1 of these Regulations).
1.3 These Regulations are addressed to both consumers and entrepreneurs using the Online Store.
1.4 Definitions:
1.4.1. Personal Data- all information about a natural person identified or identifiable by one or more specific factors determining physical, physiological, genetic, mental, economic, cultural or social identity, including device IP, location data, Internet identifier and information collected through cookies and other similar technology.
1.4.2 Business Days - means the days of the week from Monday to Friday excluding public holidays.
1.4.3 Delivery - means the actual act of delivering the Goods specified in the Order to the Customer.
1.4.4. Supplier - means the entity physically performing the Delivery of the Goods:
1.4.4.1. courier company (courier),
1.4.4.2. the Polish Post or other public operator,
1.4.4.3. InPost sp. z o.o.
1.4.5. Registration Form - Electronic Service, means a form available on the Website allowing to create a Buyer's Account.
1.4.6. Order Form - Electronic Service, an interactive form available on the Website allowing to place an Order, in particular by adding Goods to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.7. Password - means a sequence of letter, digital or other characters selected by the Customer during registration at the Online Store.
1.4.8. Customer - means a natural person with full legal capacity and at least 18 years of age, a legal person or an organizational unit without legal personality, to which legal capacity is granted by law, to whom, in accordance with these Regulations and applicable laws, services may be provided electronically and/or who has concluded or intends to conclude a Sales Agreement with the Seller. The Customer is an importer of goods imported from a third country (from outside the European Union) on the territory of the European Union, goods shipped from the European Union to third countries and goods shipped from one third country to another third country.
1.4.9. Consumer - means a natural person making a legal transaction not directly related to his/her business or professional activity.
1.4.10. Customer's Account - Electronic Service, means an account maintained for the Customer by MZ-STOREp under a unique name (Login), which is a collection of resources in an information and communication system, in which the Customer's data and information about his/her activities within the scope of the Online Store are collected.
1.4.11. Newsletter - Electronic Service provided by MZ-STORE via e-mail, thanks to which the Customer using it may receive from MZ-STORE periodically by e-mail messages concerning MZ-STORE and its business partners, the Online Store, including information about offers, promotions and news in the Online Store.
1.4.12.Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, purchasing Goods from the Online Store in the course of business or professional activity; in the case of a natural person, an Entrepreneur is a person purchasing Goods from the Online Store for the purpose directly related to his/her business, when the content of the agreement indicates that it has a professional character for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
1.4.13.Entrepreneur on the rights of the Consumer - a natural person purchasing Goods through the Online Store for the purpose directly related to his/her business, when the content of the agreement shows that it does not have for him/her a professional character, 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.
1.4.14.Pre-sale - means the presentation by the Seller of content that constitutes an invitation to bid by the Customer and refers to Goods that have not yet been produced or the Seller is waiting for their delivery.
1.4.15. Terms and Conditions - means this document.
1.4.16. Registration -means a factual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
1.4.17. Online Store - the online platform maintained by MZ-STORE at the addresses listed below, the purpose of which is to match Sellers and Customers:
1.4.17.1. https:// mz-store.com
1.4.17.2. https://mz-store.pl,
1.4.17.3. https://mz-store.co.uk,
1.4.17.4. https://mz-store.it,
1.4.17.5. https://mz-store.de,
1.4.17.6. https:/mz-store.es,
1.4.17.7. https://mz-store.at.
1.4.18. MZ-STORE joint-stock company (also MZ-STORE S.A. or MZ-STORE) - based in Reda at ul. Cypriana Kamila Norwida 47 (84-240), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-North in Gdańsk, 8th Economic Division of the National Court Register under the number 0000877266, having NIP: 5862363341 and REGON number: 387876117, with a share capital of PLN 5,000,000.00, paid in full, to which the rights to the Internet platform belong. The role of MZ-STORE S.A. is to provide functionality (marketplace) on the platform by means of which the parties (Seller and Buyer) can conclude a sales contract.
1.4.19. Seller - MZ-STORE or a partner of MZ-STORE, offering its Goods for sale on the Online Store. Information identifying the Seller is included in the description of the Goods on the Website. If the Seller is not indicated in the description of the Goods, the Seller is MZ-STORE.
1.4.20. Website - means the website under which MZ-STORE operates the Online Store, operating at the following Internet addresses: mz-store.pl, mz-store.co.uk, mz-store.de, mzstore.it, mz-store.at, mz-store.es.
1.4.21. Merchandise - means a product in the Seller's product range available through the Website.
1.4.22. Food Goods - means any substances or products, processed, partially processed or unprocessed, intended for human consumption or expected to be consumed by humans.
1.4.23. Sales Contract - means a sales contract entered into electronically under the terms of the Terms and Conditions, between the Customer and the Seller.
1.4.24. Electronic Service - a service provided electronically by MZ-STORE to the Customer via the Online Store. Sale - a sale shall mean the sale of Goods designated by the Seller at a reduced price due to the characteristics of the Goods (e.g. approaching expiration date).
1.4.25.Posting Reviews - the Electronic Service of Posting Reviews consists in enabling the Clients to publish individual and subjective statements (posts) concerning the ordered Goods.
1.4.26. Order- the Customer's declaration of will made via the Order Form and aiming directly at concluding the Agreement for Sale of Goods with the Seller.
1.5. MZ-STORE's rights to the Online Store, including property copyrights, intellectual property rights to its name, its Internet domain, the Website, as well as to the templates, forms, logos posted on the Website (except for logos and photos presented on the Website for the purpose of presentation of the Goods, the copyrights to which belong to third parties) belong to MZ-STORE, and the use of such rights may take place only in the manner specified and in accordance with the Regulations.
1.6 These Terms and Conditions are available to Customers at mz-store.pl, mz-store.co.uk, mz-store.de, mz-store.it, mz-store.at, mz-store.es and may be downloaded and printed at any time.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available in the Online Store: Customer Account, Order Form, Review Posting and Newsletter.
2.2. Customer Account - Customer Account Electronic Service is available only to registered Customers. Registration is not necessary to place orders in the Online Store.
2.3 For Registration, the Customer shall complete the Registration Form provided by MZ-STORE on the Website and send the completed Registration Form electronically to WMZ-STORE by selecting the "Register" field. During Registration, the Customer shall establish an individual Password.
2.4 The Electronic Service Customer Account is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to delete the Account (resignation from the Customer Account) by sending an appropriate request to MZ-STORE via e-mail to: office@mzstore.pl.
2.5 MZ-STORE shall remove the Customer's Account immediately, in any case no later than within 14 (fourteen) days of the request.
2.6 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 Registration by MZ-STORE. As of this moment, an electronic contract for the maintenance of the Customer Account is concluded, and the Customer is given the opportunity to access his/her Customer Account and make changes to the data provided during registration, except for the Login.
2.7 The Customer is obliged to make every effort to keep the Password confidential and not to make it available to third parties. If there are circumstances indicating a suspicion that the Password is in the possession of an unauthorized person, the Client shall be obliged to immediately notify MZSTORE of this fact using available means of communication. In such a situation, the Client shall immediately change the Password using the relevant functionalities within the Client's Account.
2.8 Order Form - the use of the Order Form begins when the Customer adds the first Goods to the electronic shopping cart in the Online Store. Placing of the Order takes place when the Order Form is filled out and the Customer clicks the "Order" box on the Online Store website.
2.9 The Electronic Order Form Service is provided free of charge and is of a one-time nature, and shall terminate when the Order is placed through it or when the Customer discontinues placing the Order through it earlier.
2.10. Posting a Review - The Customer shall have the option to voluntarily and free of charge post a review regarding the Goods purchased from the Online Store. It is solely up to the Customer whether he chooses to submit his review.
2.11. Notwithstanding the possibility of publishing a review on the Online Store's website using the Electronic Review Posting Service, after making purchases from the Online Store and receiving the Goods, the Customer may receive by email a request for its evaluation and satisfaction rating through the selected review portal. In the event of such an evaluation, MZ-STORE shall process and transmit the following data to the relevant partners:
2.11.1 Contact data - i.e. the e-mail address used to send the invitation to give an opinion;
2.11.2. Data on the ordered Goods, which are the subject of the issuance of an opinion.
2.12. Reviews can be published only by a Customer who has made purchases in the Online Store.
2.13. It is forbidden to conclude fictitious/apparent sales contracts in order to issue reviews. Also, the author of the review may not be the Seller himself or his employees regardless of the basis of employment.
2.14. The use of the Electronic Service for posting reviews may not be used by the Client for unlawful activities, in particular, for activities constituting an act of unfair competition against the Seller, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties.
2.15. An issued review may be removed at any time at the request of its author sent to MZSTORE or to the review portal - depending on where the Customer published the review (opinion).
2.16. Reviews added by Customers through the Review posting form, MZ-STORE does not verify whether the Review comes from the Customer who purchased the Merchandise or used the Merchandise.
2.17. When using electronic services, the Customer is not entitled to:
2.17.1. post personal data of third parties and disseminate images of third parties without the legally required permission or consent of the third party,
2.17.2. posting content of an advertising and/or promotional nature,
2.17.3. in addition, it is forbidden for Customers to post content that could, in particular:
2.17.3.1. be posted in bad faith, e.g. with the intention of violating the personal rights of third parties,
2.17.3.2. violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, business secrets or having to do with confidentiality obligations,
2.17.3.3. be offensive in nature or constitute a threat directed to other persons, or contain vocabulary that violates good morals (e.g. through the use of vulgarisms or terms generally considered offensive),
2.17.3.4. be contrary to the interests of MZ-STORE or MZ-STORE's partners (Vendors),
2.17.3.5. otherwise violate the provisions of the Terms and Conditions, good morals, provisions of applicable law, social or moral norms.
2.18. MZ-STORE shall have the right to remove content that does not comply with the conditions set forth in these Regulations.
2.19. Newsletter - is sent by MZ-STORE to all Customers who have subscribed.
2.20. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to MZ-STORE via e-mail to: office@mz-store.pl.
2.21. The minimum technical requirements for using the Website are:
2.21.1. access to the Internet,
2.21.2. access to active electronic mail,
2.21.3. access to a web browser version of at least Internet Explorer 8 or Chrome 16 or FireFox 10 or Opera 11 or Safari 5 or later, with Javascript enabled, accepting cookies, and an Internet connection of at least 256 kbit/s. The Store's Website is optimized for a minimum screen resolution of 1024x768 pixels.
2.22. It is forbidden to provide unlawful content and to use the Internet Store, the Website or the Electronic Services provided by MZ-STORE in a manner contrary to the law, good morals, in a way that violates the personal rights of third parties or the legitimate interests of MZ-STORE or MZ-STORE's partners (Sellers).
2.23. The Customer is entitled to use the resources of the Online Store exclusively for his/her own use. It is not permissible to use the resources and functions of the Online Store for the purpose of commercial activity by the Customer or such that would violate the interests of MZ-STORE or MZ-STORE partners.
2.24. MZ-STORE points out 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 aforementioned risks. In particular, use anti-virus and identity protection programs for Internet users. MZ-STORE shall never ask the Customer to provide the Password in any form.
2.25. MZ-STORE reserves the right to suspend or terminate the provision of particular functionalities of the Online Store due to the necessity of maintenance, overhaul or expansion of the technical base in case it does not violate the Customer's rights.
2.26. MZ-STORE shall inform the Customer, upon request, of the specific risks associated with the use of services provided electronically, as well as the function and purpose of the software or data not being a component of the content of the service, entered by MZ-STORE into the ICT system used by the Customer.
2.27 Complaints related to Electronic Services may be submitted by the Client in electronic form to MZ-STORE's address:office@mz-store.pl. A properly submitted complaint regarding Electronic Services should contain at least the following data:
2.27.1. designation of the Client,
2.27.2. the subject of the complaint,
2.27.3. circumstances justifying the complaint.
2.28 MZ-STORE shall respond to a complaint about an Electronic Service in the same form in which the complaint was submitted, i.e. in writing or electronically - immediately, but no later than within 14 calendar days from the date of receipt of a complete complaint. MZ-STORE will immediately notify the Customer of any deficiencies in the complaint, informing the Customer how to supplement the complaint.
3. CONDITIONS FOR CONCLUSION OF SALES CONTRACTS
3.1 Information about the Goods contained on the Website, do not constitute an offer within the meaning of the Civil Code, but only an invitation to submit offers to conclude a Sales Contract for the Goods.
3.2 The Customer may place orders at the Online Store 7 (seven) days a week and 24 (twenty-four) hours a day via the Order Form available on the Website.
3.3 The Customer has the ability to place Orders on the Website using the Order Form. In order to place an Order, the Customer must have access to an active e-mail.
3.4 The Customer shall place an Order on the Online Store in accordance with Section 2.8.
3.5. after placing an Order, the Customer will receive from the Seller, at the e-mail address provided in the Order Form of the Customer, a confirmation of acceptance of the Order. Confirmation of acceptance of the Order is the Seller's statement of acceptance of the offer referred to in Section 3.1. above.
3.6 The Sales Agreement shall be considered concluded at the moment the Buyer receives an email about the confirmation of acceptance of the Order for execution.
3.7. In the course of placing the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement, the Customer shall be informed on the Website about the total price of the ordered Goods, including tax, as well as about the costs of delivery (including transport, delivery and postal services fees) and other costs, and when the amount of such fees cannot be determined - about the obligation to pay them.
3.8 Whenever MZ-STORE communicates on the Website about a reduction in the price of an Item, it shall place in the online store, in addition to information about the reduced price, also information about the lowest price of that Item that was in effect during the 30-day period prior to the introduction of the reduction. If the Goods are offered for sale for a period of less than 30 days, MZ-STORE shall place next to the information about the reduced price MZ-STORE shall place information about the lowest price of the Goods that was in effect during the period from the date of commencement of posting information about the sale of the Goods in the Online Store until the date of introduction of the reduction of the Goods. In the case of Goods that are subject to rapid consumption, unless the time limits indicated in the sentences above are applicable, MZ-STORE shall make visible next to the information about the reduced price the information about the price before the reduction was first applied.
3.9. In the "SALE" section, goods are sold: 3.9.1. with expiring shelf life; 3.9.2. subject to natural caking processes or 3.9.3. having damaged packaging. The above-mentioned goods are not subject to complaint in respect of those properties of the goods or defects in the goods of which the Buyer was informed before making the purchase. Information about the properties of the goods is given in their description. Goods sold at a bargain price have the same properties as non-priced products and are fit for consumption according to the manufacturer's description.
3.10. Pre-sale- Goods marked as available for pre-sale are premiere goods. In order to reserve such Goods, the Customer should fill in the Order Form and make a deposit payment. 7 days before the scheduled date of shipment of the Goods, the Customer will be sent a notification that the Order is ready for processing. Failure to make payment for the Goods or failure to take delivery of the ordered Order will result in forfeiture of the deposit. The above does not exclude other rights of the Seller provided for in the Regulations, in particular concerning the obligation to repair the damage. In the event that, for reasons beyond the Seller's control, the Goods reserved in the Pre-Sale will not be available on the scheduled release date, the Customer will receive a refund of the deposit paid.
4. PAYMENT FOR GOODS
4.1 The Customer may choose the following forms of payment for the ordered Goods:
4.1.1. Bank transfer - in this case the Goods are sent to the Customer after the payment is credited to the Seller's bank account,
4.1.2. Cash on delivery - in this case the Goods are sent to the Customer after the order is completed. The Customer pays the fee to the courier upon receipt of the shipment with the Goods. Information about the available forms of payment is visible when placing an Order. The cash on delivery payment option may be disabled:
4.1.2.1. for imported Goods,
4.1.2.2. in case of placing further Orders by the Customer after non-collection of the shipment,
4.1.2.3. for specific Goods or depending on the value of the Order.
4.1.3. bank transfer or payment by card through PayU external payment system, operated by PayU S.A. based in Poznań - in this case the Goods are sent to the Customer after the Seller receives information from PayU system that the Customer has made the payment,
5. IMPORT
5.1 The obligation to pay customs duties on the purchase of Goods that are delivered from countries outside the European Union or with a place of delivery outside the European Union shall be borne by the Client. The Seller has no influence on the amount of these fees, as they are charged by the local customs office of the country in question. The Seller recommends that you check the customs fees applicable in any country before ordering Goods to be delivered there. The Seller is not responsible for the payment of customs fees. If the Customer fails to pay customs duties or does not take delivery of his order, and the order is subsequently returned to the Seller, the Seller will be entitled to claim from the Customer any costs he was forced to incur.
6. DELIVERY OF GOODS
6.1 Delivery of the Goods to the Customer shall be for a fee, unless otherwise provided in the Sales Contract. The costs of delivery of the Goods (including transportation, delivery and postal fees) shall be indicated to the Customer in the course of placing the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement. In the case of imported goods, it is the Customer's responsibility to check the customs duty rates applicable in his country. In Poland, the duty rates for goods imported from third countries (from outside the European Union) can be checked at https://ext-isztar4.mf.gov.pl/taryfa_celna/.
6.2 In relation to Goods ordered from third countries (from outside the European Union), the Customer, as the importer of the Goods, shall be obliged to complete all customs formalities to receive the shipment.
6.3 The release of the Goods shall take place with the delivery of the Goods to the Supplier or the collection of the Goods by the Customer or the Consumer in accordance with the EXW Incoterms.
6.4 Ownership of the Goods shall pass to the Customer or the Consumer upon delivery of the Goods.
6.5 Risk of accidental loss of or damage to the Goods shall pass to the Customer or the Consumer upon delivery of the Goods.
6.6 The Order shall be considered to be properly completed when it arrives at the address indicated by the Customer or, in the case of failure to comply with customs obligations on the part of the Customer, when the Goods arrive at the appropriate customs unit to which the address indicated by the Customer when placing the Order belongs.
6.7 Before deciding to purchase imported Goods, the Buyer, as the importer of the Goods, is obliged to check whether the Goods are authorized for sale in the country where the delivery is to be made. Information in this regard can be obtained from the local administration or customs authorities. In case of failure to comply with the above obligation, the Seller shall not be liable for the inability to make the Delivery to the Customer.
6.8 The delivery time of the Goods shall be:
6.8.1. up to 14 calendar days for domestic shipments (Goods shipped from a warehouse from Poland);
6.8.2. up to 30 calendar days for shipments delivered within the EU countries (Goods shipped from the warehouse from the EU);
6.8.3. up to 60 calendar days for international shipments (Goods shipped from a warehouse from a country outside the EU). Please be advised that as of 01/01/2021, due to the United Kingdom leaving the European Union, Goods shipped from warehouses from the United Kingdom (UK for short) have longer Delivery times.
6.9 Delivery time is calculated, in the case of prepayments, from the moment the payment is credited to the Seller's account or, respectively, after the Seller receives information from the payment processor that the Customer's payment has been processed. In the case of collections, the delivery period is calculated from the date of confirmation of receipt of the order by the Seller.
6.10. The ordered Goods are delivered to the address of residence/site or other chosen address in Poland or in another country indicated in the order by the chosen delivery method. If InPost Paczkomaty Sp. z o.o. with its registered seat in Cracow, as a Delivery method is selected, the address of the parcel machine selected by the Customer at the time of placing the Order shall be the Delivery address. Detailed terms and conditions for the Delivery of an Order carried out via a courier company are specified in the regulations for the provision of services posted on the websites of the Suppliers. When choosing delivery by courier, it is recommended to prepare a deducted amount to pay for the shipment. The courier is not required to carry money to give and settle the change. The obligation to pay the price is on the Customer.
6.11. If the delivery time is extended beyond the time specified in paragraph 6.8. of the Terms and Conditions, the Customer may cancel the Order.
6.12. On the day of shipment of the Goods to the Customer, information confirming the shipment by the Seller is forwarded to the Customer's e-mail address.
6.13. At the time of placing the Order, each of the Goods has additional information about the storage warehouse. The description informs whether Goods "X" are in stock in PL, in a warehouse in the EU, or imported directly from a third country (e.g. from the UK - UK).
6.14.When collecting the Goods, the Customer should examine the delivered shipment at the time and in the manner accepted for shipments of a given type, in the presence of an employee of the Supplier.
6.15.The Customer shall have the right to request the Supplier's employee to write a proper protocol in case of loss or damage to the shipment.
6.16. The Seller shall attach to the consignment being delivered, according to the Customer's will, a receipt or a VAT invoice covering the delivered Goods.
6.17. In the event that the Order cannot be properly and timely delivered due to the fault of the Buyer (wrong address, refusal to accept), the Seller may claim from the Customer compensation for the damage he suffered by sending the shipment, which was not received.
6.18 Notwithstanding the Seller's rights provided for in paragraph 6.17, when the shipment is returned to the Seller, the Seller is entitled to withdraw from the contract within 30 days from the date of receipt of the returned shipment.
6.19. Notwithstanding the right provided for in paragraph 6.18, the shipment may be reshipped to the Customer after the Customer has paid the entire Order to the Seller's Account, including the cost of reshipping.
6.20. The Seller does not carry out shipments to post office boxes and military bases.
7. RIGHT OF WITHDRAWAL FROM THE CONTRACT
7.1 The Consumer may withdraw from the Sales Agreement, without giving any reason, within 14 calendar days from the date on which the Consumer or a third person designated by the Consumer who is not the Supplier comes into possession of the Goods.
7.2 The Consumer may withdraw from the contract for the provision of electronic services, without stating a reason, within 14 calendar days from the date of conclusion of the contract.
7.3 The Consumer shall not have the right to withdraw from the contract in the cases indicated in Article 38 of the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item 827, as amended), and in particular if the object of sale is an Item that spoils quickly or has a short shelf life, or if the object of sale is an Item delivered in a sealed package that cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery. Note: the above means that in relation to Goods classified as food goods, the Consumer is not entitled to withdraw from the contract after opening the product.
7.4 In order to exercise the right of withdrawal, the Consumer must inform the Seller of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail, fax or e-mail).
7.5 The Consumer may use the model withdrawal form, but it is not mandatory.
7.6 The Consumer may also fill in and send the withdrawal form or any other unequivocal statement electronically using the following website: mz-store.pl, musclezone.pl, mz-store.co.uk, mz-store.de, mz-store.it, mz-store.at, mz-store.es. If the Consumer uses this option, the Seller shall immediately send the Consumer an acknowledgement of receipt of the withdrawal information on a durable medium (for example, by e-mail).
7.7 A model withdrawal form is available for download from this link.
7.8. In order to meet the deadline for withdrawal, it is sufficient for the Consumer to send information on the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.
7.9. In the event of withdrawal from the contract, the Seller shall return all payments received from the Consumer, including the costs of delivery of the item (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Consumer's decision to exercise the right of withdrawal. The Seller will refund the payment using the same means of payment that were used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different solution proposed by the Seller; in any case, the Consumer will not incur any fees in connection with this return.
7.10 The Seller may withhold reimbursement until it has received the Goods or until it has provided proof of their return, whichever event occurs first.
7.11. Goods should be sent back or handed over to the Seller to the address: Cypriana Kamila Norwida 47 Street, 84-240 Reda. Goods should be sent back immediately, and in any case no later than within 14 days from the date on which the Consumer informed the Seller about withdrawal from the contract. The deadline is met if the Consumer sends back the Goods before the expiry of the 14-day period
7.12. In the event of withdrawal from the contract, the Consumer shall bear the cost of returning the Goods directly.
7.13. In the case of partial withdrawal from the contract and return by the Consumer of part of the ordered products, the Seller shall refund only for the returned products, and the returned amount will be further reduced by the cost of shipping, if the Consumer in the order obtained free shipping or a discount on the cost of shipping, and the returned products will reduce the amount of the order to the amount that does not entitle to such a discount.
7.14. The Consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods in a manner other than necessary to ascertain the nature, characteristics and functioning of the Goods.
7.15. The provisions contained in this Section 7 of the Terms and Conditions concerning the Consumer shall apply from January 1, 2021 and for contracts concluded from that date also to the Customer who is a natural person concluding a contract directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for this person, 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.
8 ADVERTISEMENT
8.1 All complaints regarding the purchased Goods, including those regarding the course of the Order, should be submitted by email to the following address:office@mz-store.pl.
8.2 In case of detecting a defect, the defective Goods should be sent back to the address: MZ-Store S.A. Cypriana Kamila Norwida 47 Street, 84-240 Reda. Returns of defective goods for Customers with Polish address are carried out at the expense of the Seller via DHL courier company or InPost. The Customer is given the opportunity to order collection of the parcel at their convenience. For Customers from other countries to the address: MZ-Store S.A. Cypriana Kamila Norwida 47 Street, 84-240 Reda and make a complaint notification in accordance with section 8.1, which should contain at least the following data:
8.2.1. designation of the Customer and the order,
8.2.2. the subject of the complaint,
8.2.3. circumstances justifying the complaint.
8.3 The submission of a complaint regarding non-compliance of the Delivery with the invoice or the Order, as well as complaints regarding damage to the shipment in transit should take place immediately after receipt of the shipment. It is recommended that, along with the submitted complaint, the Customer should provide the Seller: a report of damage to the shipment drawn up in the presence of the courier and photographs (with a date stamp) of the discrepancy found, which will allow the Seller to consider the complaint positively.
8.4 A complaint regarding the condition of a parcel received in an InPost sp. z o.o. parcel machine should be made using the appropriate option in the Parcel Machine, in which the parcel should be immediately placed back in the Parcel Machine box leaving it at the disposal of InPost sp. z o.o.. The claim form will be sent to the Customer's e-mail address. It must be completed within 14 days and approved, which is equivalent to filing a complaint. If the Client fails to do so, the package will be sent back to the sender. Claims for defects or damage to the parcel that are not visible upon receipt can be made no later than 7 days from the date of receipt. In this situation, it is necessary to go with the claimed parcel to an InPost facility and draw up a damage report at the facility.
8.5 If, as a result of the acceptance of a complaint about delivery, the same Order is sent to the Customer a second time, and at the same time the supplier delivers the "lost" first shipment, the Customer is obliged to send back one shipment to the address: MZ-Store S.A. Cypriana Kamila Norwida 47 Street, 84-240 Reda. The cost associated with the return shipment will be borne by the Seller. Alternatively, the Customer has the option to keep the second shipment, provided payment for it is made.
8.6 The Seller shall respond to the complaint of the Goods in the same form in which the complaint was submitted immediately, no later than within 14 calendar days from the date of receipt of a complete complaint. The Seller shall immediately notify the Customer of any deficiencies in the complaint, informing him how to supplement the complaint.
9. OUT-OF-COURT DISPUTE RESOLUTION METHODS
9.1 After ineffective exhaustion of the complaint procedures and after obtaining the consent of the Seller, the Consumer may use the out-of-court means of complaint processing and claim investigation. Information about the rules of access to these procedures can be found on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl.
10. COOKIE POLICY
10.1 MZ-STORE uses the mechanism of "cookies" files, which are stored by MZ-STORE on the hard drive of the final device using the Website, including the use of the Website by the Customers.
10.2 The use of "cookies" is aimed at the correct operation of the Websites on the end devices using the Websites. This mechanism does not damage the end device and does not cause configuration changes in the end devices or in the software installed on these devices. "Cookies" are not intended to identify users of the Websites.
10.3 MZ-STORE uses the "cookies" mechanism in order to:
10.3.1. remembering information about the end devices of the users of the Websites, including Customers,
10.3.2. to verify and develop its offer,
10.3.3. statistical.
10.4 The Website user has the ability to set the browser to block certain types of "cookies" and other technologies, by specifying, for example, that only those that are necessary for the correct display of the page will be allowed. By default, most browsers allow the use of all "cookies", but the user of the Website has the option to change these settings at any time, and can also remove already installed "cookies". Each browser allows such action through one of the options available in the settings or preferences.
10.5 It is also possible to use the Website in the so-called incognito mode, which blocks the collection of data about your visit to the Website.
10.6 The use of the Website without changing the settings of the browser, i.e. with default acceptance of cookies and similar technologies, implies consent to their use for the purposes specified above. The Administrator does not use the obtained information for marketing purposes.
10.7 On our websites, third parties place information in the form of cookies and other similar technologies on your terminal device (e.g. computer, smartphone) and access them. These are our trusted partners with whom we continually work to customize the advertisements on our and their sites, as well as the services we and our trusted partners provide, according to your needs and interests. Such trusted partners are entities in the Wirtualna Polska capital group. For detailed information on how Wirtualna Polska processes your data, please refer to the Wirtualna Polska Privacy Policy.
.CookieDeclaration{background: #eee;padding: 5px 20px;}11. PERSONAL DATA
11.1 In accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), Official Journal of the EU L 119/1 of 04.05.2016 [RODO], and pursuant to the provisions of the Personal Data Protection Act of May 10, 2018. (Journal of Laws of 2018, item 1000, as amended), we inform you that:
11.1.1 The Administrator of your Personal Data is MZ-STORE joint-stock company with its registered office in Reda, 47 Cypriana Kamila Norwida Street (84-240), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, 8th Economic Division of the National Court Register under the number 0000877266, having NIP: 5862363341 and REGON number: 387876117, with the share capital of PLN 5,000,000.00. You may contact the Administrator: by letter to the address indicated above or by e-mail: office@mz-store.pl
11.1.2 Your Personal Data is processed on the basis of the following regulations and for the following purpose:
- for the purpose of providing Electronic Services in terms of providing Customers and other persons with access to content collected on the Websites - in which case the legal basis for processing is the necessity of processing for the performance of the contract (Article 6(1)(b) RODO);
- in order to provide services related to the maintenance and operation of the Customer's Account and the execution of the Sales Agreement and the Order - the legal basis for processing is the necessity of processing to perform the agreement (Article 6(1)(b) RODO), and in the scope of data provided optionally - the legal basis for processing is consent (Article 6(1)(a) RODO)
- in order to handle purchases made without registering a Customer Account - then the legal basis for processing is the necessity of processing to perform the contract (Article 6(1)(b) RODO);
- in order to carry out statutory obligations incumbent on the Administrator, arising in particular from tax and accounting regulations - the legal basis for processing is a legal obligation (Article 6(1)(c) RODO);
- in order to handle complaints - in which case the legal basis for processing is the necessity of processing to perform the contract (Article 6(1)(b) RODO);
- for analytical and statistical purposes - in which case the legal basis for processing is the legitimate interest of the Administrator (Article 6(1)(f) RODO) consisting of conducting analyses of the activity of the Website's users, as well as their preferences in order to improve the functionalities used and services provided;
- for the purpose of possibly establishing and asserting claims or defending against them - the legal basis of the processing is the legitimate interest of the Administrator (Article 6(1)(f) RODO) consisting in the protection of its rights;
- for marketing purposes of the Administrator and other entities, in particular related to the presentation of behavioral advertising on the basis of the consent granted (Article 6(1)(a) RODO).
11.2 Your Personal Data is processed for the purposes explained in this provision 11, primarily for the purposes of fulfilling Orders and providing, personalizing, developing and securing the Electronic Services provided through the Websites. Accordingly, we process your Personal Data such as your name, phone number, customer number, home address (or other address indicated as delivery address), IP or email address. All information that does not enable (also in combination with other information) your identification is considered non-personal data. Non-Personal Data is also referred to as anonymous data. If your Personal Data is combined with anonymous data, all data in such a package is treated as Personal Data. General rule: if we ask you to provide certain Personal Information, you can of course refuse our request. It is up to you to decide what information you provide to us. Presumably, however, in such a situation, we will not be able to provide you with the selected Electronic Services or fulfillment of the Sales Agreement (or they will not be available to you in an optimal way). For example, we cannot deliver an Order without a delivery address. If only certain information (mandatory information) is required in connection with a certain Electronic Service or Sales Agreement, we will inform you of this by marking it accordingly, e.g. by marking such field with *.
11.3 The period of processing of Personal Data by the Administrator depends on the type of Electronic Service or results from the Sales Agreement and the purpose of processing. As a rule, Personal Data is processed for the duration of the provision of the Electronic Service or the performance of the Sales Agreement, until the withdrawal of the consent given or the filing of an effective objection to the processing of Personal Data in cases where the legal basis for the processing of Personal Data is the legitimate interest of the Administrator. The period of processing of Personal Data may be extended if the processing is necessary to establish and assert or defend against possible claims, and thereafter only if and to the extent required by law. After the expiration of the processing period, the Personal Data shall be irreversibly deleted or anonymized.
11.4 Your Personal Data may be disclosed to external parties, including, in particular, couriers, customs agencies, marketing agencies, IT service providers to whom we outsource Personal Data processing services. Data is also disclosed to third-party Vendors offering goods on the Website as part of the marketplace functionality. Such entities process Personal Data on the basis of an agreement with us and only in accordance with our instructions, to the extent indicated by us. In the case of a complaint, your Personal Data may be transferred to the Seller, product distributor, manufacturer or guarantor, depending on the Goods covered by the complaint. If we obtain your consent, your Personal Data may also be shared with other entities for their own purposes, including marketing purposes. With your consent, we may transfer your Personal Data, to the extent necessary for the performance of the Sales Agreement, to third-party online payment companies, if you select such type of payment through any of the payment systems. The transfer relates to the Personal Data necessary to complete the payment. Your selection of a particular payment type constitutes your consent to the transfer of your Data to the payment operator.
11.5 With respect to your Personal Data, you have the right to:
* request information or inspection of your Personal Data from the Administrator, as well as to receive a copy of your Personal Data (Article 15 RODO);
* request the Administrator to correct or rectify your Personal Data (Article 16 RODO) - with regard to the request for rectification of data, when you notice that the data is incorrect or incomplete;
* request the Administrator to delete Personal Data (Article 17 RODO);
* demand the transfer of Personal Data - on this basis, to the extent that the data are processed in connection with the Sales Agreement or the consent given, the Administrator shall release the Personal Data provided by the subject in a computer-readable format; it is also possible to demand that the data be sent to another entity - provided, however, that there are technical capabilities in this regard both on the part of the Administrator and that other entity;
* request the Administrator to restrict processing (Article 18 of the RODO) - e.g. when you notice that your Personal Data is inaccurate, you can request a restriction of the processing of your Personal Data for a period that allows us to check the accuracy of the data;
* file a complaint in connection with the Administrator's processing of your Personal Data to the President of the Office for Personal Data Protection. If you have given your consent to the processing of your Personal Data, we would like to inform you that you may revoke the consent you have given at any time, in writing to the address of the Data Controller or by email to: office@mzstore.pl and the withdrawal of consent does not affect the legality of the processing performed on the basis of consent before its withdrawal.
11.6 Provision of Personal Data is generally voluntary, failure to do so will, however, prevent you from responding to an inquiry or entering into and performing a contract with the Administrator.
11.7 Direct marketing (newsletter, e-mail, telephone and SMS). If you give us your consent, we will be able to use the Personal Data you provide to send you marketing offers available on the Online Store, Newsletter, surveys and invitations - by e-mail, SMS or telephone, depending on the scope of your consent. The Personal Data you provide to us in this way may be transferred to third-party companies solely for the purpose of providing these services to our company, and they enable marketing agencies and technical providers to distribute digital and printed direct marketing materials. We never transfer your Personal Data for marketing purposes, sell it or exchange it with other parties outside of the purposes described above, unless you have given informed consent to such sharing. You have the right to withdraw your consent to process Personal Data material for direct marketing purposes at any time. Once you withdraw your consent for us to process Personal Data for direct marketing purposes, we will no longer be able to send you any direct marketing offers or information previously sent to you based on your consent to process Personal Data. You may opt out of receiving direct marketing materials as follows:
11.7.1. by editing the settings of your Customer Account - unchecking the relevant consents in the tab;
11.7.2. by making a request via e-mail to:office@mz-store.pl.
11.8 In the process of providing direct marketing services, we make decisions in an automated manner on the basis of the data we have about you determining your preferences (such as purchase history). Based on this information, we assign you a personal profile relevant to our ability to offer you our services or those of our partners and the amount of discounts we may grant you. These decisions are made automatically based on statistical analysis. Decisions made in this automated manner affect the selection of services offered to You and products that, in Our opinion, may be of interest to You.
11.9 Automated decision-making for direct marketing purposes is based on your consent.
11.10. If you do not agree with Our assessment made in this manner, you may file a complaint through the following communication channels:
11.10.1. in person or by mail at: MZ-STORE S.A., 47 Cypriana Kamila Norwida Street, 84-240 Reda or via e-mail: office@mz-store.pl
11.10.2. by phone: + 48 510 054 085
Please provide information that in your opinion justifies, the inaccuracy of our assessment. You may also be asked for such information later.
11.11. We have the right to verify the veracity of the data provided during registration in the Online Store - if we find that the data is not true, we have the right to delete the Customer's Account, after sending an e-mail to the Customer with information that due to the falsity of the data the Account will be deleted.
11.12. We may also transfer personal data to recipients located outside the European Economic Area in so-called third countries. In this case, before transferring the data, we ensure that an adequate level of data protection is in place at the recipient (e.g. on the basis of a decision of the EU Commission stating an adequate level of protection for the country in question or an agreement with the recipient on so-called European Union standard contractual clauses) or your consent to the data transfer is available. You can obtain from us an understanding of recipients in third countries and obtain a copy of the specifically agreed regulations for ensuring an adequate level of data protection. Please use the data in Section 11.9 for this purpose.
12. LIABILITY
12.1 The Seller is obliged to deliver Goods in accordance with the Contract.
12.2 With respect to buyers who are Entrepreneurs, the Seller shall be liable for defects in the Goods under the terms of Article 556 et seq. of the Civil Code.
12.3 Towards buyers who are Consumers or Entrepreneurs on the rights of consumers, the Seller shall be liable for non-compliance of the Goods with the Contract on the principles set forth in Chapter 5a of the Law on Consumer Rights.
12.4 In the case of non-compliance of the Goods with the Contract, the Consumer or Entrepreneur on the rights of the consumer shall have a claim against the Seller to bring the Goods into compliance with the Contract by repairing or replacing the Goods with new ones. The Seller may make a replacement when the Consumer or Entrepreneur on the rights of the consumer demands a repair, or may make a repair when the Consumer or Entrepreneur on the rights of the consumer demands a replacement, or refuse to bring the Goods into conformity with the Contract if bringing the Goods into conformity with the Contract in the manner chosen by the Consumer or Entrepreneur on the rights of the consumer is impossible or would require the Seller to incur excessive costs.
12.5 The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller is informed by the Consumer or Entrepreneur on the rights of the Consumer of the non-conformity with the Contract, and without undue inconvenience to the Consumer or Entrepreneur on the rights of the Consumer, taking into account the nature of the Goods and the purpose for which the Goods were purchased. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the Seller.
12.6 The Consumer shall make the Goods subject to repair or replacement available to the Entrepreneur. The Seller shall collect the Goods from the Consumer at his own expense.
12.7 The Consumer or Entrepreneur on the rights of the consumer may demand a reduction in price or withdraw from the Contract if:
12.7.1. the Seller refused to bring the Goods into conformity with the Contract in a situation where repair and replacement would be impossible or would require excessive costs for the Seller,
12.7.2. the Seller has failed to bring the Goods into conformity with the Contract within a reasonable time or bringing the Goods into conformity with the Contract would involve excessive inconvenience for the Consumer or Entrepreneur on the rights of the Consumer,
12.7.3. the Seller failed to take back the Goods made available by the Consumer or Entrepreneur on the rights of the consumer,
12.7.4. the Goods have been installed before the Goods' non-conformity with the Contract became apparent, and the Seller has not dismantled the Goods, or has dismantled but not reinstalled the Goods after repairing or replacing them, or has not had these activities performed at its expense,
12.7.5. the nonconformity of the Goods with the Contract continues even though the Seller has attempted to bring the Goods into conformity with the Contract,
12.7.6. the lack of conformity of the Goods with the Contract is so significant that it justifies immediate reduction of the price or withdrawal from the Contract, without first taking the opportunity to repair or replace the Goods,
12.7.7. it is clear from the Seller's statement or circumstances that it will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience to the Consumer or the Entrepreneur in the rights of the Consumer.
12.8 The Consumer or Entrepreneur on the rights of the consumer may withdraw from the Contract if the lack of conformity of the Goods with the Contract is material. The lack of conformity of the Goods with the Contract shall be presumed to be material.
12.9 MZ-STORE shall not be liable for the correctness for improper performance of the Agreements concluded by Sellers and Buyers through the Online Store, except when the Seller is MZ-STORE.
12.10 In particular, MZ-STORE shall not be responsible for the quality, legality and safety of Goods offered by Sellers (other than MZ-STORE).
12.11. MZ-STORE shall not be liable for the inability or impediment to use the Online Store, resulting from reasons attributable to the Customer, in particular for the loss by the Customer or coming into possession by third parties (regardless of the manner) of his/her Password. However, MZ-STORE shall be liable if the Customer's loss or possession by third parties of his Password occurred for reasons attributable to MZ-STORE or reasons for which MZ-STORE is responsible.
12.12 MZ-STORE shall not be liable for damages caused by the actions or omissions of Customers, in particular for their use of the Online Store in a manner inconsistent with applicable laws or the Regulations.
13. FINAL PROVISIONS
13.1 The Regulations shall be effective as of the date of publication on the Online Store website and shall replace the previously effective regulations of the Online Store.
13.2 The Regulations are subject to change for important reasons, which are considered in particular:
13.2.1. a significant change in the scope of business conducted by MZ-STORE;
13.2.2. change of address data;
13.2.3. change of the company (name) of MZ-STORE;
13.2.4. change of the legal form of MZ-STORE's business operations;
13.2.5. technical change regarding the functioning of the Online Store;
13.2.6. change of payment methods;
13.2.7. change of delivery methods;
13.2.8. change of applicable laws.
13.3 .In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Service - Customer Account), the amended Regulations are binding on the Customer if the requirements specified in Articles 384 and 384[1] of the Civil Code have been observed, i.e. the Customer has been correctly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Customer has the right to withdraw from the contract.
13.4 In the case of conclusion of agreements on the basis of these Terms and Conditions other than continuous contracts (e.g. Sales Agreement), the amendments to the Terms and Conditions will not in any way affect the acquired rights of the Customers before the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions will not affect the Orders already placed or placed and the concluded, executed or performed Sales Agreements.
13.5 If a particular provision of the Terms and Conditions is deemed invalid or ineffective, the invalidity or ineffectiveness of that provision shall not affect the validity or effectiveness of the remaining provisions of the Terms and Conditions. MZ-STORE shall endeavor to replace the invalid or ineffective provision with a new provision that is not legally defective.
13.6 The Contract shall be governed by Polish law, In the case of a Consumer, the choice of law shall apply only to the extent that it does not affect the protection afforded to the Consumer under the laws in force at his place of permanent residence, which cannot be excluded by contract (principle of preference of favorable laws).
13.7 The law applicable to the settlement of any disputes arising under these Terms and Conditions shall be the law applicable to the place of residence of the Consumer. For all other disputes, the general provisions shall apply. The competent court for the resolution of disputes arising under these Terms and Conditions, Sales Agreements and contracts for the provision of electronic services shall be the materially and locally competent common court. This does not affect the right to choose another court with local jurisdiction under the provisions of law.