The Regulations define the terms and conditions for the provision of electronic services, including the use of the Store, as well as the rights, obligations and conditions of liability of the Seller and the Customer. The Regulations also contain information that the Seller is obliged to provide to the Consumer and the Entrepreneur privileged in terms of consumer rights in accordance with applicable regulations, including the Act of May 30, 2014 on consumer rights (Journal of Laws 2020.287, i.e. as amended).
Each customer should read the Regulations.
The Regulations are available on the Store's website and are made available free of charge also before the conclusion of the contract. At the Customer's request, the Regulations are also made available in PDF or .doc format, via the ICT system used by the Customer (e.g. by e-mail).
Regulations - Regulations of the Online Store;
Seller or Service Provider - Rusłan Martyniak, running a business under the name MADEGRO Rusłan Martyniak, ul. Naukowa 56/6, 02-463 Warsaw, entered into the Central Register and Information on Economic Activity, NIP number 5342251831, REGON 367746726;
Client: a natural person who is 18 years of age and has full legal capacity, a legal person and an organizational unit without legal personality, but able to acquire rights and incur obligations on its own behalf, which will establish a legal relationship with the Seller in the field of the Store's operations. The customer is also a consumer or privileged entrepreneur with consumer rights, if there are no separate provisions in relation to them in a given matter;
Consumer - a customer who is a natural person who performs a legal transaction (purchase) with the Seller, not related directly to its business or professional activity;
Electronic Service - a service within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2017.1219, i.e. as amended), provided electronically by the Service Provider to the Customer via the Website;
Store or Online Store, or Website - Electronic Service, Online Store, run by the Seller at the internet address www.madegro.pl;
Account - Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of resources in the Service Provider's ICT system, in which data provided by the Customer and information on activities within the Store are collected;
Goods or Product - items sold in the Store, included in the Seller's offer;
Contract - a distance contract regarding the purchase of the Goods, concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller;
Form - a script that is a means of electronic communication that allows placing an Order in the Store;
Order - an instruction to purchase the Goods submitted by the Customer using the means of technical communication;
Newsletter - Electronic Service, electronic distribution service provided by the Service Provider via electronic mail (e-mail), which allows all customers using it to automatically receive periodic messages (newsletters) from the Service Provider, containing information about the Website, including new products or promotions in the Store ;
Supplier - a supplier of the Goods who performs the direct shipment of the Goods to the Customer in agreement with the Seller (including the dropshipping service);
Force majeure - is a sudden event, unforeseeable and independent of the will of the parties, preventing the performance of the contract in whole or in part, or for a certain period, which, with due diligence, could not be prevented or counteracted (e.g. (e.g. war, strikes, dismissals) , shortages of raw materials or energy supplies, disruptions in the functioning of factories, road blockades, extraordinary natural phenomena, epidemics, emergency states);
Preferential entrepreneur with consumer rights - a natural person concluding an Agreement directly related to its business activity, if the content of this Agreement shows that it does not have a professional nature for it, resulting in particular from the subject of its business activity.
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
The Seller's data for contacting the Customer can be found in the "Contact" tab on the Store's website, available at: www.madegro.pl.
The Seller offers the following types of Electronic Services:
an online store operating via a website, under which the Customer concludes a distance sales contract, the parties are informed about the sale via automatically generated e-mail, and the performance of the contract (in particular the delivery of the Goods) takes place outside the Internet;
newsletter, consisting in sending by the Seller, to the Customer's e-mail address, electronic messages containing information about the Website, including new products or promotions in the Store;
giving opinions (commenting), consisting in enabling the Customers by the Seller to post individual and subjective statements of the Customer on the Store's website, including those concerning the service or the Goods.
The Seller provides Electronic Services in accordance with the Regulations.
The technical condition for using the Store is that the Customer has a computer or other devices that enable browsing the Internet, appropriate software (including a web browser), Internet access and an up-to-date and active e-mail account.
The Customer is prohibited from providing illegal content.
Using the Store may be associated with threats typical for using the Internet, such as spam, viruses, hacker attacks. The seller takes steps to counteract these threats. The Seller indicates that the public nature of the Internet and the use of electronic services may entail the risk of obtaining or modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above-mentioned risks, including antivirus and identity protection programs. using the Internet.
The conclusion of the contract for the provision of free Electronic Services takes place via the Store via the Internet. The Customer may terminate the use of free Electronic Services at any time by leaving the Store or by deleting the Customer's account. In this case, the contract for the provision of free Electronic Services is automatically terminated without the need to submit additional statements of the parties.
The Seller may - apart from other cases resulting from legal provisions - process the following personal data of the Customer necessary to establish, shape the content, amend or terminate the contract: 1) surname and first names of the Client; 2) permanent address of residence; 3) correspondence address, if different from the residential address; 4) Customer's e-mail addresses; 5) telephone number; 6) email addresses.
The Seller may process, with the consent of the Customer and for the purposes of advertising, market research and customer behavior and preferences, with the purpose of the results of these research for the purpose of improving the quality of services provided by the Seller, other data concerning the Customer that are not necessary to provide the service by electronic means.
CHAPTER 3. PERSONAL DATA
The personal data provided by the Customers are processed by the Seller in accordance with applicable law, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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) (Journal of Laws L 119 of 4.5.2016, hereinafter: "the Regulation"). In particular:
The seller ensures that these data are:
processed in accordance with the law, reliably and transparently for customers and other data subjects;
collected for specific, explicit and legitimate purposes and not further processed in a manner inconsistent with these purposes;
adequate, relevant and limited to what is necessary for the purposes for which they are processed;
correct and, if necessary, updated;
kept in a form which permits identification of the data subject for no longer than is necessary for the purposes for which the data are processed;
processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organizational measures,
The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed, appropriate to the nature, scope, context and purposes of processing as well as the risk of violating the rights or freedoms of natural persons;
The Seller provides access to personal data and the exercise of other rights to Customers and other data subjects, in accordance with applicable law.
The basis for the processing of personal data is the consent of the Clients or the occurrence of another prerequisite authorizing the processing of personal data according to the Regulation.
The Seller guarantees the implementation of the rights of persons whose personal data are processed on the principles resulting from the relevant provisions, including those persons who are entitled to:
the right to withdraw consent to the processing of personal data;
the right to be informed about their personal data;
the right to control the processing of data, including their supplementing, updating, straightening, deleting;
the right to object to processing or to limit processing;
the right to complain to the supervisory authority and use other legal means to protect your rights.
A person having access to personal data processes them only on the basis of the Seller's authorization or a contract for entrusting the processing of personal data and only at the request of the Seller.
The seller ensures that he does not disclose personal data to entities other than those authorized under the applicable law, unless required by European Union law or Polish law.
In connection with business activities, the Seller uses the services of other entities, including for the purpose of performing contracts. Personal data may be transferred: 1) a hosting company, 2) suppliers of software for operating the Store, 3) internet service providers, 4) companies providing courier or postal services, 5) electronic payment platform providers, 6) invoice issuing software suppliers, 7) entities providing accounting or legal services.
CHAPTER 4. ADDITIONAL INFORMATION
§ 1 Account
Account registration on the Store's website is free and requires the following actions: The customer should complete the registration form, providing specific data and submitting statements regarding the acceptance of the Regulations, processing personal data, and providing commercial information. A link to verify the account will be sent to the Customer's e-mail address provided by him in the account registration process. Logging in to the account consists in entering the Customer's e-mail address and password, set by the Customer. The password is confidential and should not be shared with anyone.
The account allows the Customer to enter or modify data, make or check Orders, and view the Order history.
The Account Electronic Service is provided free of charge for an indefinite period.
The Customer may at any time cancel the account in the Store by sending an appropriate request to the Seller by e-mail or in writing to the Seller's address, provided in the "Contact" tab on the Store's website, available at: www.madgero.pl.
§ 2. Newsletter
The Newsletter service is designed to provide the Customer with the requested information.
The use of the Newsletter does not require account registration by the Customer, but requires providing an e-mail address and submitting statements regarding the acceptance of the Regulations, the processing of personal data, and the provision of commercial information.
A link confirming the subscription to the Newsletter will be sent to the Customer's e-mail address.
The Newsletter Electronic Service is provided free of charge for an indefinite period.
The Customer may unsubscribe from the Newsletter at any time by sending an appropriate request to the Seller by e-mail or in writing to the Seller's address, provided in the "Contact" tab on the Store's website, available at: www.madegro.pl.
§ 3. Opinions
The Seller allows customers to post individual and subjective statements (opinions, comments) on the Store's website, in particular regarding the Goods.
The service is provided free of charge for an indefinite period of time.
The Seller may use the opinion for the purposes of the content posted on the Website.
CHAPTER 5. SALE
§ 1. Goods
All Products offered in the Store are new and have no defects, unless otherwise stated. In the case of selling used Products, the Seller will include relevant information in the Product description.
A detailed description of the Goods can be found on the Store's website.
A guarantee or after-sales services may be provided for the Goods. Detailed information in this regard can be found in the description of the Goods.
The Seller may include advice on the use and features of the Product in the description of the Good, but they do not replace the instructions or warranty (if provided).
Some Goods may be ordered from the Seller, and the delivery of the Goods may be performed by the Seller or directly by the Supplier (including the dropshipping service).
All information contained in the Store, relating to the Goods, does not constitute an offer within the meaning of art. 66 of the Act of 23 April 1964 - Civil Code (Journal of Laws 2017.459, i.e. as amended), and only an invitation to conclude a contract specified in Art. 71 of the Civil Code.
§ 2. Orders and their implementation
The order may be placed by completing the Form available in the Store.
Orders can be placed after registering an account on the Store's website or without registering an account on the Store's website (guest purchases).
The customer is obliged to carefully fill out the Form, providing all the data in accordance with the facts and specifying the chosen method of payment and delivery.
The Customer provides data in the Form and submits statements regarding the acceptance of the Regulations, the processing of personal data, and the provision of commercial information.
Orders can be placed in the Store 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays are processed on the next business day.
Confirmation of placing the Order is made by the Customer by selecting the button (field) marked "Order and pay". Sending the Order by the Customer constitutes the Customer's offer to the Seller regarding the conclusion of the Agreement, in accordance with the Regulations.
The customer receives from the seller:
confirmation of receipt of the Order ("Order under review") - an automatically generated e-mail containing the number and date of the Order, Customer data, a description of the Goods (or a link to the description in the Store), price and other information;
confirmation of payment receipt ("Order Paid"), to the e-mail address provided by the Customer;
confirmation of the conclusion of the contract ("Order in progress") to the e-mail address provided by the Customer. Upon receipt of the above-mentioned confirmation, the Agreement is concluded.
The time of order fulfillment (i.e. until the date of dispatch of the Goods) is up to 2 business days. In the case of Orders including Goods prepared for individual Customer orders, the execution time may be extended. Note: Dear Customers, we kindly inform you that on September 16 - October 2 this year. the Madegro store will be closed. Orders placed during this period will be processed after October 3 this year. Sorry for the inconvenience.
In the event of a request to document the transaction in the form of an invoice, the Customer provides the necessary data, and the indication of the Customer's tax identification number for the invoice should be made no later than when placing the Order. The seller is not responsible for providing incorrect or incomplete data, including the tax identification number, by the customer.
In the event of inability to complete the order, which may occur in the event of force majeure or other reasons, the Seller undertakes to immediately inform the Customer via e-mail or by phone. In this case, the Consumer may resign from the performance of the contract, and the Seller will refund the amounts paid by the Consumer. In other cases, the performance of the contract is postponed by the duration of the obstacle.
§ 3. Payments
All prices of the Goods in the Store are gross prices in Polish zlotys (prices include VAT). The price of the Goods does not include the costs referred to in point 2 below. The price of the Goods given at the time of placing the Order by the Customer is binding for both parties.
The costs related to the delivery of the Goods (e.g. transport, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the Customer's choice as to the method of delivery of the Goods. Information on the amount of these costs is provided at the stage of placing the Order.
The customer can choose the form of payment:
traditional transfer - payment before shipment of the Goods (prepayment). After placing the Order, the Customer should pay / transfer the amount due to the Store's bank account. The Order is processed after the Customer's payment is credited to the Store's bank account;
payment via the PayPal payment system - payment before shipment of the Goods (prepayment). After placing the Order, the Customer should pay via PayPal. The Order is processed after the Customer's payment is credited to the PayPal payment system.
payment via the Przelewy24 payment system - payment before shipment of the Goods (prepayment). After placing the Order, the Customer should pay via the Przelewy24 system. The Order is processed after the Customer's payment is credited to the Przelewy24 payment system.
payment via the Paynow payment system - payment before shipment of the Goods (prepayment). After placing the Order, the Customer should pay via the Paynow system. The Order is processed after the Customer's payment is credited to the Paynow payment system.
For each Product sold, the Store issues a proof of purchase and delivers it to the Customer, provided that the provisions of generally applicable law require delivery, subject to the provisions of chapter 5 paragraph 2 point 8 of the Regulations.
The Customer is obliged to pay within 2 days from the conclusion of the Agreement, if it is required before the execution of the Order. If the Customer fails to make the payment within this period, then - in accordance with Art. 491 § 1 of the Act of 23 April 1964 - Civil Code (Journal of Laws 2017.459, i.e. as amended) - the Seller will set an additional payment deadline for the Customer, after which he will be entitled to withdraw from the contract ineffective. If the Customer declares that the service will not be fulfilled, the Seller may withdraw from the contract without setting an additional date, also before the specified date of performance.
§ 4. Delivery
The product is sent by the Seller or the Supplier to the address indicated by the Customer in the Form, unless the Parties agree otherwise.
The product is delivered by a courier company or via a postal operator as selected by the customer. Shipment carried out via the postal operator should be delivered within 7 business days from the date of dispatch of the Goods, and via a courier company - within 2 business days from the date of dispatch of the Goods.
Along with the Goods, the Seller issues to the Customer all elements of its equipment as well as operating and maintenance manuals and other documents required by the provisions of generally applicable law.
The seller indicates that:
upon the release of the Goods to the Customer or the carrier, the benefits and burdens related to the Goods and the risk of accidental loss or damage to the Goods pass to the Customer. When selling to the Consumer, the risk of accidental loss or damage to the Goods passes to the Consumer upon the release of the Goods to the Consumer. The release of the Goods is considered to be entrusted by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer,
acceptance of the shipment with the Goods by the Customer without reservations shall result in the expiry of claims for loss or damage in transport (does not apply to the Consumer and Entrepreneur privileged on consumer rights), unless:
a) the damage was confirmed by protocol before accepting the parcel;
b) such a statement was abandoned due to the fault of the carrier;
c) the loss or damage resulted from the willful misconduct or gross negligence of the carrier;
d) the damage that was not noticeable from the outside was stated by the authorized person after accepting the shipment and, within 7 days, requested to determine its condition and proved that the damage occurred between the acceptance of the shipment for transport and its release.
§ 5. Additional information for the consumer
The contract is not concluded for an indefinite period and will not be automatically extended.
The minimum duration of the Consumer's obligations under the Agreement is the duration of the Agreement, i.e. the payment and receipt of the Goods.
The use of the Store by the Consumer is not connected with the obligation to provide a deposit or provide other financial guarantees.
The seller is not obliged and does not apply the code of good practice referred to in art. 2 point 5 of the Act of 23 August 2007 on counteracting unfair market practices (Journal of Laws 2016.3 as amended).
CHAPTER 6. RESPONSIBILITY
1. Liability under the warranty is excluded in legal relations with customers and entrepreneurs with privileged rights as consumers. The Seller's liability for damage in legal relations with Customers is always limited to the value of the Goods, but this does not apply to the Consumer and Entrepreneur with privileged consumer rights.
The Seller is liable to the Consumer if the Product has a physical or legal defect (warranty) on the terms specified in the provisions of the Act of 23 April 1964 - Civil Code (Journal of Laws 2017.459, i.e. as amended) and the Act of May 30, 2014. on consumer rights (Journal of Laws 2017.683, i.e. as amended), including the following principles:
a physical defect consists in the non-compliance of the Goods with the contract. In particular, the Product is inconsistent with the contract if:
The goods do not have properties that this type of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination;
The goods do not have properties that the Seller has provided to the Consumer;
The goods are not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;
The goods were released to the consumer in an incomplete state.
The Seller is liable under the warranty for physical defects that existed at the time the danger passed on to the Consumer or resulted from a cause inherent in the Goods at the same time.
The Seller is released from liability under the warranty if the Consumer knew about the defect at the time of concluding the contract;
The consumer who exercises the rights under the warranty is obliged to deliver the defective item at the expense of the Seller to the place indicated in the contract, and if such a place is not specified in the contract - to the place where the item was delivered to him.
CHAPTER 7. PROCEDURE FOR DEALING WITH COMPLAINTS
Complaints should be sent to the Seller by the Customer by e-mail to the Seller's e-mail address. The customer may use the complaint template available in the store, but this is not a condition for considering the complaint. The above does not apply to the Consumer and Entrepreneur with the rights of a consumer who may submit complaints to the Seller in any way.
If it is found that the parcel with the Product is damaged, has suffered a loss or damage, the Customer should immediately (no later than within 7 days from the date of receipt of the parcel) submit a complaint to the Seller. Such action will allow you to pursue claims against the carrier. This is not a condition for considering the complaint of the Consumer or the Entrepreneur with privileged rights as a consumer.
The complaint should contain a detailed description of the problem and the Customer's request, possibly also photographic documentation.
The Seller undertakes to consider the Customer's complaint within 30 days, and the Consumer's or Preferential Entrepreneur's complaint within 14 days. If the Seller fails to respond to the Consumer's or preferential Entrepreneur's complaint within 14 days, it is considered to be justified.
If the complaint is accepted, the Seller will take appropriate action.
It is possible to use extrajudicial means of dealing with complaints and redress in legal relations with Consumers, including:
the possibility of resolving disputes by electronic means via the ODR platform (online dispute resolution), available at http://ec.europa.eu/consumers/odr/;
the possibility of conducting arbitration proceedings before a common court or arbitration court or other authorities;
the possibility of conducting mediation proceedings with the participation of an independent mediator.
CHAPTER 8. WITHDRAWAL FROM THE CONTRACT
1. Withdrawal from the Agreement by the Seller or the Customer may take place on the terms specified in the provisions of the Act of 23 April 1964 - Civil Code (Journal of Laws 2017.459, i.e. as amended).
2. The consumer has the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods.
3. Information on the withdrawal from the Agreement by the Consumer is included in the instruction on the right of withdrawal, available on the Store's website.
4. The right to withdraw from the Agreement is not entitled to the Consumer in relation to some agreements, i.e .:
a) for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement;
b) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement;
c) in which the Goods are a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs;
d) in which the Goods are perishable or have a short expiry date;
e) in which the Goods are delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
f) in which the Goods are items that after delivery, due to their nature, are inseparably connected with other items;
g) in which the Goods are alcoholic beverages, the price of which was agreed upon conclusion of the Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control;
h) in which the Consumer has expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement in relation to additional services or items;
i) in which the Goods are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
j) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
k) concluded through a public auction;
l) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
m) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.
5. The Seller shall immediately, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
6. If the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
7. The consumer is obliged to return the Goods with all equipment, including packaging, provided that it constitutes an essential element of the Goods. The Seller may refrain from reimbursing the payment until receipt of the Goods or until proof of its return is provided to the Seller, whichever occurs first.
8. The Consumer bears only the direct costs of returning the Goods, unless the Seller agreed to bear them or did not inform the Consumer about the necessity to bear these costs.
9. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
10. In the event of effective withdrawal from the Agreement, the Agreement is considered void.
11. The provisions of points 2-10 apply to the Entrepreneur privileged as a consumer.
CHAPTER 9. INTELLECTUAL PROPERTY
The rights to the Website and the content contained therein belong to the Seller.
The website address at which the Store is available, as well as the content of the website www.madegro.pl are subject to copyright and are protected by copyright and intellectual property law.
All logos, proper names, graphic designs, films, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are registered trademarks and belong to the Seller, producer or distributor of the Goods. Downloading, copying, modifying, reproducing, sending or distributing any content from the website www.madegro.pl without the consent of the owner is prohibited.
CHAPTER 10. FINAL PROVISIONS
In matters not covered by the Regulations, the relevant provisions of generally applicable law shall apply to legal relations with clients.
Any deviations from the Regulations shall be made in writing under pain of nullity.
The competent court to settle the dispute between the Seller and the Customer will be the court competent according to the seat of the Seller. The court competent to settle the dispute between the Seller and the Consumer brought by the Seller will be the court competent according to general rules (the court of the consumer's place of residence or stay), and the court competent according to the general rules (court of the Seller's seat) or other more convenient for the Consumer (according to art. 31-37 of the Code of Civil Procedure).