Regulations

TERMS AND CONDITIONS OF THE ONLINE SHOP

WWW.MEXMO.PL

§ 1

GENERAL PROVISIONS

The www.mexmo.pl shop operates on the principles defined in these Regulations.
The Regulations specify the terms and conditions of concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.mexmo.pl shop, the principles of providing these services, and the terms and conditions of concluding and terminating agreements on the provision of electronic services.
Each Customer is obliged to comply with the provisions of these Regulations as soon as he or she starts using the electronic services of the www.mexmo.pl shop.
In matters not covered by these Regulations, the provisions of:
1. Act on provision of services by electronic means of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended),
2. Act on consumer rights of 30 May 2014. (Journal of Laws 2014 item 827),
3. Act on out-of-court resolution of consumer disputes of 23 September 2016. (Journal of Laws 2016 item 1823),
4. Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended) and other relevant provisions of Polish law.

§ 2

DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

CONTACT FORM - a form available on the website www.mexmo.pl allowing for the sending of a message to the Service Provider.
REGISTRATION FORM - a form available on the website www.mexmo.pl enabling the creation of an Account.
ORDER FORM - a form available on the website www.mexmo.pl enabling the placement of an Order.
CUSTOMER - a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
CONSUMER - a natural person who makes a legal transaction with the trader which is not directly related to his/her economic or professional activity.
ACCOUNT - a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password, in which the Customer's data is collected, including information about placed Orders.
PRODUCT - a movable item available in the Shop or a service which is the subject of a Sales Agreement between the Customer and the Seller.
RULES - these Shop Rules andRegulations.
SHOP - the online shop of the SERVICE provider operating at www.mexmo.pl.
SELLER, SERVICE PR OVIDER - MEXMO SP Z O.O, 92 Leśna St., 62-004 Czerwonak, delivery address: 92 Leśna St., 62-004 Czerwonak, NIP: 5993187407, REGON: 365099949, electronic mail address (e-mail): info@mexmo.pl, telephone number: 502 793 377.
OPINION SYSTEM - Electronic Service made available to Customers by the Service Provider, enabling posting of opinions.
SALE AGREEMENT - Agreement for the sale of a Product concluded between the Customer and the Seller through the Store.
ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Store.
USER - a natural person, a legal person or an organisational unit without legal personality, to which the Act grants legal capacity, using the Electronic Service.
ORDER - Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.

§ 3

INFORMATION ABOUT PRODUCTS AND THEIR ORDERING

The www.mexmo.pl shop sells Products via the Internet.
Products offered in the Shop are new, free from physical and legal defects and have been legally introduced into the Polish market.
The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product on the conditions specified in its description.
The price of a Product shown on the website of the Store is given in Polish zloty (PLN) and includes all the components, including VAT. The price does not include delivery costs.
The Product price shown on the Shop website is binding at the moment of placing the Order by the Customer. This price shall not be changed, irrespective of price changes in the Shop, which may occur for individual Products after the Customer has placed the Order.
Orders can be placed:
1. via the website using the Order Form (Shop www.mexmo.pl) - 24 hours a day throughout the year,
2. via e-mail at: info@mexmo.pl,
3. by telephone at: +48 502 793 377
In order to place an Order, the Customer is not obliged to register an Account with the Store.
The condition of placing an Order in the Store by the Customer is reading the Rules and Regulations and accepting their provisions at the time of placing the Order.
Products on promotion (sale) have a limited number of pieces and Orders for them shall be processed in the order of their receipt until the stocks of a given Product are exhausted.

§ 4

CONCLUSION OF THE SALES AGREEMENT

In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order by means of the methods made available by the Seller, in accordance with § 3 item 6 and 8 of the Terms and Conditions.
After placing an Order, the Seller shall immediately confirm its receipt.
Confirmation of receipt of the Order, as referred to in point 2 of this paragraph, binds the Customer to his Order. Confirmation of receipt of the Order is made by sending an e-mail message.
Confirmation of receipt of the Order contains:
1. confirmation of all essential elements of the Order,
2. withdrawal form,
3. these Terms and Conditions including instructions on the right of withdrawal.
Upon receipt by the Customer of the e-mail message referred to in point 4 of this paragraph, a Contract of Sale is concluded between the Customer and the Seller.
Confirmation of acceptance of the Order for execution takes place immediately upon receipt of payment for the concluded Sales Agreement, in the form of an e-mail message sent to the Customer's address.
Each Sales Contract will be confirmed by a proof of purchase (fiscal receipt or VAT invoice), which will be attached to the Product and/or sent by e-mail to the Customer's e-mail address provided in the Order Form.

§ 5

METHODS OF PAYMENT

The Seller makes available the following methods of payment:
1. payment by traditional transfer to the Seller's bank account,
2. payment via electronic payment system. The entity providing online payment service in the field of fast transfer payments is PayPro S.A.
In the case of payment by traditional bank transfer, the payment should be made to the bank account number: 06 1140 2004 0000 3602 8251 2558 MEXMO SP Z O.O, ul. Leśna 92, 62-004 Czerwonak, NIP: 5993187407, REGON: 365099949. In the title of the transfer, please write "Order No. ...".
In the case of payment through an electronic payment system, the Customer shall make payment before the Order is processed. The electronic payment system makes it possible to pay by credit card(Visa and MasterCard) or by quick transfer from selected Polish banks.
The Customer is obliged to pay the price of the Sales Contract within 5 working days of its conclusion, unless the Sales Contract states otherwise.
The Product will be dispatched only after it has been paid for.

§ 6

COST, DEADLINE AND METHODS OF PRODUCT DELIVERY

The Product delivery costs, which are to be paid by the Client, are determined during the Order placement process and depend on the choice of payment method and the delivery method of the purchased Product.
The Product delivery period consists of the Product completion time and the Product delivery time by the carrier:
1. The time for completion of the Products ranges from 1 to 7 working days after:
  - funds paid for the Sales Agreement are credited to the Seller's account or
  - positive authorisation of the transaction by the electronic payment system.
2. The delivery of the Products being movables by the carrier takes place within the time declared by the carrier, i.e. from 1 to 2 working days from the moment of sending the parcel (the delivery takes place only on working days excluding Saturdays, Sundays and holidays).
Products purchased in the Shop are sent in Poland and abroad by means of a courier company.

§ 7

PRODUCT COMPLAINT

Warranty complaint.
1. All Products offered in the Shop carry a guarantee valid in the territory of the Republic of Poland.
2. The guarantee period for the Products results from their description and is calculated from the date of delivery of the Product to the Customer.
3. The document entitling to guarantee protection is the proof of purchase.
4. The guarantee does not exclude the rights of the Consumer and entities referred to in § 10 of the Terms and Conditions resulting from the warranty for physical and legal defects of the Product as set out in the Civil Code.
Warranty complaint.
1. The basis and scope of the Seller's liability towards the Customer who is a Consumer or an entity referred to in §10 of the Terms and Conditions under warranty covering physical and legal defects are defined in the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).
2. Notification of defects concerning the Product and submission of the relevant request can be made by e-mail to: info@mexmo.pl or in writing to the address: 92 Leśna Street, 62-004 Czerwonak.
3. In the above-mentioned written or electronic message, please provide as much information and circumstances concerning the subject of the complaint as possible, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the handling of the complaint by the Seller.
4. To assess physical defects of the Product, it should be delivered to the address: 92 Leśna Street, 62-004 Czerwonak.
5. The Seller shall respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint.
6. In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions - failure to consider the complaint within 14 days of its submission is tantamount to accepting it. In connection with a justified complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller shall cover the costs of collection, delivery and replacement of the Product with a defect-free one.
7. The response to the complaint is given on paper or on another durable medium e.g. by e-mail or SMS.

§ 8

RIGHT OF WITHDRAWAL

Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions, who has concluded a remote agreement, may withdraw from it without stating reasons by making a declaration to that effect within 14 days. In order to meet this deadline it is sufficient to send a declaration of withdrawal made available by the Store.
In the case of withdrawal from the contract, the Sales Agreement shall be considered unconcluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions shall be obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it without delay, but no later than 14 days from the date on which they have withdrawn from the contract, unless the Seller offered to collect the Product themselves. To meet the deadline it is sufficient to send back the Product before its expiry.
In the case of withdrawal from the Sales Agreement, the Product should be returned to the address: 92 Leśna Street, 62-004 Czerwonak.
The Consumer or entity referred to in § 10 of the Terms and Conditions shall be liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should only handle and inspect the Products in the same manner as they would do in a stationary shop.
Subject to points 6 and 8 of this paragraph, the Seller shall reimburse the value of the Product together with the costs of delivery using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions has expressly agreed to a different method of reimbursement which does not involve any costs for them. Subject to point 7 of this paragraph, the return shall take place immediately and at the latest within 14 days from the receipt by the Seller of the notice of withdrawal from the Sales Agreement.
If the Consumer or entity referred to in § 10 of these Terms and Conditions chose a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Shop, the Seller shall not be obliged to reimburse them the additional costs incurred by them.
If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Terms and Conditions itself, the Seller may withhold the reimbursement of the payment received from the Consumer until it receives the item back or the Consumer or the entity referred to in § 10 of the Terms and Conditions provides proof of its return, whichever event occurs first.
The Consumer or the entity referred to in § 10 of the Terms and Conditions, withdrawing from the Sales Agreement, pursuant to point 1 of this paragraph, shall only bear the costs of sending the Product back to the Seller.
The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract shall be counted from the day on which the Consumer or the entity referred to in § 10 of the Terms and Conditions took possession of the Product, and in the case of services from the date of conclusion of the contract.
The Consumer or entity referred to in § 10 of the Terms and Conditions shall not have the right to withdraw from a distance contract in the case of a Sales Agreement:
1. in which the subject matter of the performance is a non-refabricated item produced to the consumer's specification or serving to satisfy his/her individualised needs,
2. in which the subject matter of the performance is an item supplied in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery,
3. in which the object of the performance is an item which is, by its nature, inseparable from other items after delivery,
4. where the object of the performance is a service, if the Seller has performed the service in full with the express consent of the Consumer who was informed before the performance started that after the Seller's performance he will lose the right to withdraw from the contract,
5. in which the subject of the performance is an item that deteriorates rapidly or has a short shelf life.
Both the Seller and the Customer shall have the right to withdraw from the Sales Agreement in the event that the other party to the agreement fails to perform its obligation within a strictly specified period of time.

§ 9

PROVISIONS CONCERNING ENTREPRENEURS (B2B)

This paragraph contains provisions concerning only entrepreneurs not covered by the protection of the Act on Consumer Rights referred to in § 10 of the Terms and Conditions.
The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. In this case the withdrawal from the Sales Agreement may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
The Seller shall have the right to limit, in relation to Customers who are not Consumers, the payment methods made available by the Seller, including the requirement to prepay a part or the whole sales price, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
Benefits and burdens associated with the Product as well as the danger of accidental loss of or damage to the Product are transferred to the Customer who is not a Consumer from the moment the Product is released by the Seller to the carrier. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product occurring from the moment the Product is accepted for transport until it is handed over to the Customer, as well as for any delay in transporting the consignment.
If the Product is sent to the Customer by a carrier, the Customer who is not a Consumer is obliged to examine the consignment in the time and manner usual for consignments of this type. If he finds that a defect or damage to the Product has occurred during carriage, he is obliged to perform all actions necessary to establish the carrier's liability.
The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient who is not a Consumer a notice of termination.

§ 10

PROVISIONS APPLICABLE TO ENTERPRISES ON THE RIGHTS OF CONSUMERS
(effective from 1 January 2021).

A sole trader (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act, provided that the Sales Contract he concludes with the Seller is not of a professional nature.
A person conducting business activity, referred to in point 1 of this paragraph, shall be protected only with respect to:
1. prohibited contractual provisions - so-called abusive clauses,
2. liability under warranty for physical and legal defects of the Product, pursuant to § 7 of the Terms and Conditions,
3. the right of withdrawal from a contract concluded at a distance, pursuant to § 8 of the Terms and Conditions.
The entrepreneur referred to in point 1 of this paragraph shall lose his/her rights under consumer protection if the Sales Agreement he/she has concluded with the Seller has a professional character, which is verified on the basis of the entrepreneur's entry in the Central Register of Business Activity and Information of the Republic of Poland, in particular the Polish Classification of Business Activity codes indicated there.
Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for consumers by county consumer ombudsmen or the President of the Office of Competition and Consumer Protection.

§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider enables via the Shop the use of Electronic Services such as:
1. concluding Product Sales Agreements,
2. maintaining an Account in the Shop,
3. Rating system.
The provision of Electronic Services to Customers in the Shop is subject to the terms and conditions set out in the Terms and Conditions.
The Service Provider is entitled to place advertising content on the Shop's website. Such content is an integral part of the Shop and the materials presented therein.

§ 12

TERMS AND CONDITIONS OF PROVIDING AND CONCLUDING CONTRACTS FOR ELECTRONIC SERVICES

The provision of Electronic Services as defined in § 11(1) of the Regulations by the Service Provider is free of charge.
The period for which the agreement is concluded:
1. the contract for the provision of Electronic Services consisting of the possibility of placing an Order in the Shop is concluded for a definite period of time and is terminated at the moment of placing the Order or ceasing to place it by the Customer.
2. agreement for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period of time.
3. the agreement for the provision of Electronic Services consisting of the use of the Rating System shall be concluded for a definite period of time and shall terminate as soon as the Customer posts an opinion or ceases to use this Service.
Technical requirements necessary for the operation of the ICT system used by the Service Provider:
1. computer (or mobile device) with access to the Internet,
2. access to e-mail,
3. web browser,
4. enable Cookies and Javascript in the web browser.
The Customer is obliged to use the Shop in a manner compliant with the law and good manners, with due regard for personal rights and intellectual property rights of third parties.
The Customer is obliged to enter data in accordance with the facts.
The Customer is prohibited to provide unlawful content.

§ 13

COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES

Complaints related to the provision of Electronic Services through the Store may be submitted by the Client via e-mail to the following address: info@mexmo.pl.
In the aforementioned e-mail message, as much information and circumstances concerning the subject of the complaint as possible should be provided, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and expedite consideration of the complaint by the Service Provider.
The Service Provider shall consider the complaint immediately, no later than within 14 days from the date of notification.
The Service Provider's response to the complaint shall be sent to the Client's e-mail address provided in the complaint notification or in any other manner provided by the Client.

§ 14

TERMS OF TERMINATION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

Termination of the agreement for the provision of Electronic Services:
1. A contract for the provision of an Electronic Service of a continuous and indefinite nature (maintaining an Account) may be terminated.
2. The Customer may terminate the agreement with immediate effect and without indicating any reasons by sending an appropriate statement via e-mail to the following address: info@mexmo.pl.
3. The Service Provider may terminate the agreement for the provision of Electronic Services of a continuous and indefinite nature in the event that the Service Recipient violates the Terms and Conditions, in particular if he/she provides content of an unlawful nature, after an ineffective prior request to cease violations with the setting of an appropriate period of time. In such a case, the Agreement shall expire 7 days after the declaration of intent to terminate the Agreement (notice period).
4. Termination leads to the termination of the legal relationship with effect for the future.
The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement of the parties.

§ 14

INTELLECTUAL PROPERTY

All content posted on the website at www.mexmo.pl is protected by copyright and (subject to § 15.3 and elements posted by the Service Recipients, used under licence, transfer of copyrights or permitted use) is the property of Grzegorz Pietrowski doing business under the name MEXMO SP Z O.O, 92 Leśna St., 62-004 Czerwonak, NIP: 5993187407, REGON: 365099949. The Customer is fully liable for any damage caused to the Service Provider resulting from the use of any content of the www.mexmo.pl website, without the consent of the Service Provider.
Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content of the www.mexmo.pl website constitutes an infringement of the Service Provider's copyright and results in civil and criminal liability.
All trade names, Product names, company names and their logos used on the Shop website at www.mexmo.pl belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the Shop's website at www.mexmo.pl are used for information purposes.

§ 14

FINAL PROVISIONS

Contracts concluded through the Store are concluded in accordance with Polish law.
If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.
Any disputes arising from Sales Agreements between the Shop and Consumers shall be resolved first of all by way of negotiations, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent court of general jurisdiction, in accordance with point 4 of this paragraph.
Judicial resolution of disputes:
1. Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer or an entity referred to in §10 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296 as amended).
2. Any disputes arising between the Service Provider and a Customer (Client) who is not a Consumer as referred to in §9 of the Terms and Conditions shall be submitted to the court with jurisdiction over the Service Provider's registered office.
A Client who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or a request for the case to be considered by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Voivodship Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. The out-of-court settlement of claims after the complaint procedure is free of charge.
In order to resolve a dispute amicably, the consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.