TERMS AND CONDITIONS OF THE ONLINE STORE
§1 General provisions
1) Personal data administrator - Online Store Operator, Marcin Bauer Marxam Project, based in Krakow, ul. Ujastek 11, 31-752 Kraków, with the NIP number 9441665124;
2) Order fulfillment time - the number of working days needed by the Operator to complete the order placed by the Customer in the Online Store and its delivery via courier to the address indicated by the Customer in the Order, details of the time and delivery conditions are specified in the Order fulfillment time tab at https://marxam.pl/order-realisation-time,1006,en.html;
3) Working days - days of the week from Monday to Friday, excluding all days that have been indicated in separate legal provisions as non-working days;
4) Consumer - a Customer who is a natural person, making a legal transaction with the Operator, not directly related to his (Consumer's) business or professional activity.
5) Operator - Marcin Bauer Marxam Project, based in Kraków, ul. Ujastek 11, 31-752 Kraków, with the NIP number 9441665124.;
6) Regulations - these Regulations of the Online Store are available on the website https://marxam.pl/terms-and-conditions,1,en.html and at the headquarters of the Operator;
7) Online Store - an online store run by the Operator available on the marxam.pl website;
8) Customer - a natural person who is over 13 years of age, however, if he is under 18, the consent of his legal representative is required, unless he has full legal capacity, a legal person or an organizational unit without legal personality, who uses the Online Store, and in particular makes purchases in the Online Store in accordance with the rules set out in these Regulations;
9) Order - a declaration of will expressed by the Customer via the Online Store, which is tantamount to submitting an offer to conclude a contract for the sale of products that are the subject of the order (included in the Online Store Offer at the time of placing the Order), specifying their type, quantity, personal data of the Customer, form payment as well as the method and place of delivery of the products.
§2 Rules for using the store
1) Providing the possibility for the Customer to set up an individual account in the Online Store, allowing the Customer to make purchases of products and use other services offered in the Online Store;
2) Enabling the Customer to purchase products in the Online Store.
1) Possession of a multimedia device with access to the Internet;
2) Having a web browser with up-to-date shockwave plugins flash , Java and disabled content blockers on the website, e.g. AdBlock :
1. Mozilla Firefox
3. Google Chrome
4. Internet Explorer
3) Having an active e-mail account;
4) use the Online Store in a manner that does not violate the law or the provisions of these Regulations;
5) use the Online Store in a way that does not violate the rights of third parties, good manners or principles of social coexistence;
6) use the Online Store in accordance with its intended purpose and in a way that does not interfere with its functioning;
7) exercise due diligence in defining the password and login in the Online Store, as well as maintaining their confidentiality.
1. The Operator may terminate the contract for the provision of the service of maintaining an individual account in the Online Store with a 14-day notice period in the event of a violation of the rules referred to in paragraph 9 above.
2. Termination of the contract for the provision of the service of maintaining an individual account in the Online Store is sent to the Customer to the e-mail address currently indicated in the Online Store.
3. The Operator is not responsible for the consequences of providing login details in the Online Store to third parties.
§3 Placing orders and concluding a sales contract
- Before placing an order for a product available in the Online Store, the Customer is obliged to read these Regulations carefully. By confirming the order in the Online Store, the Customer makes a statement that he has read the content of these Regulations and accepted the provisions contained therein, and that he allows the operator to process his personal data in order to complete the order.
- The provision of electronic services by the Operator in the scope of enabling Customers to place orders for products available in the Online Store via the Online Store is free of charge and is of a one-time nature. The service ends immediately after the Operator's order is completed.
- Orders for products available in the Online Store can be placed 24 hours a day, 7 days a week, throughout the year, excluding the period of technical and maintenance breaks. Orders placed on non-working days will be processed on the first working day from the day on which the order was placed.
- The Operator accepts orders via the Online Store in such a way that the Customer browsing the content of the Online Store, after selecting the product and accepting its price, automatically adds it to the order form available in the basket tab after activating it or pressing the go to basket button.
- After accepting the products in the order form, specifying their number, choosing the payment method and the method of delivery of the products and finally accepting the total price of all products, the Customer may place an order by pressing the Buy Now button and providing his data necessary to deliver the purchased product.
- In the order form, please indicate the name and surname, telephone number and e-mail address of the Customer, address details of the recipient of the Order and any comments regarding the execution of the Order. In the case of a Customer who has an Account in the Online Store, the form will be automatically filled in with the data provided during registration.
- After placing the order, the Customer will receive, via e-mail, to the address indicated in the order form, confirmation of acceptance of the Order. The confirmation will include its number, date of submission, name and surname of the ordering person along with their telephone number and e-mail address, list of ordered products with their unit prices, total price, shipping costs, method and address of delivery and the selected method of payment.
- The basic condition for the execution of the order is the correct completion of the order form by the Customer. In the event of ambiguity regarding the data provided by the Customer, the Operator may suspend the execution of the order, which he will immediately inform the Customer.
§4 Product prices
- All prices in the Online Store are given in Polish zlotys and include VAT at the applicable rate.
- The total price of products ordered in the Online Store is increased by the cost of shipping, depending on the chosen method of delivery and payment method.
- The price given for each product in the Online Store is binding at the time of placing the order by the Customer.
- The Operator reserves the right to change the prices of products in the Online Store, introduce new products to the Online Store and carry out promotional campaigns and grant discounts.
- Changes in the prices of products in the Online Store referred to in paragraph 4 above, does not affect the prices of products in orders placed before the date of entry into force of the price change, promotion or sale conditions.
§5 Forms of payment
- Payments for ordered products can be made in the following ways:
1) In cash when collecting the ordered products in person at the Operator's office during working hours;
2) Cashless before collecting the ordered products, by:
a) direct transfer to the Operator's account,
b) payment authorization in the PayU system .
§6 Terms of delivery of products
- The ordered products can be picked up in person at the Operator's office at no additional cost or are delivered to the indicated address in Poland, in accordance with the Customer's request expressed in the order form, via the DHL courier company.
- The costs of shipping the ordered products are borne by the Customer, of which he is informed when accepting the placed Order.
- The cost of delivery of the products and the total delivery time of the order depend on the form of product delivery chosen by the Customer.
- The Customer is informed about the delivery costs in a clear way, before placing the Order, in the order form on the Online Store website, after choosing the form of delivery.
- A detailed list of all forms of payment for the ordered products, detailing all related delivery costs and the expected time of order fulfillment, is available on the Online Store website in the Cost of delivery tab located at https://marxam.pl/cost-of-shipping-and-delivery,1001,en.html.
- Each product sent is accompanied by a proof of purchase and information about the right to withdraw from the contract, along with a template of the Return Form facilitating withdrawal from the contract, and information about the possibility of making a complaint, along with a template of the Complaint Form. The templates of the forms in question are only examples and are not binding for the Customer.
- If the Customer submits a request for a VAT invoice, he also agrees to receive a VAT invoice without a signature.
- The Operator recommends that the Customer check whether the packaging has not been damaged in transport before receiving the courier shipment. In the case of visible damage, the Customer should not accept the shipment and in the presence of a postal worker or courier, draw up a damage report and immediately contact the Operator.
- The Operator declares that the products in the Online Store are brand new, original and meet the conditions specified in the specification of each product.
- The Operator is obliged to deliver the ordered products to the Customer without physical and legal defects and bears full responsibility in the event of such defects, in accordance with the provisions of the Civil Code.
- Complaints regarding product defects can be submitted to the Operator, directly at its registered office, via e-mail to the address firstname.lastname@example.org or in writing to the postal address Marcin Bauer Marxam Project, ul. Ujastek 11, 31-752 Krakow.
- It is recommended that the complaint should contain in particular: the Customer's name and surname, correspondence address to which the response to the complaint is to be sent, e-mail address, order number, if the Customer wishes to receive an answer by e-mail, date of purchase of the product, type of the product being complained about. , a detailed description of the defect and the date of its discovery, the Customer's request as well as an indication of the Customer's preferred method of responding to the complaint.
- The Operator provides the Customer with a template of the Complaint Form, available on the website of the Online Store at the address https://marxam.pl/complaints-and-returns,1008,en.html, which is only an example and is not binding for the Customer. The customer does not have to follow or use this template.
- In the event of receiving a defective product, the Customer is entitled to demand a price reduction or withdrawal from the contract, unless the seller immediately and without undue inconvenience to the Customer replaces the defective product with a defect-free one or removes the defect.
- The details of the complaint procedure are specified in the Returns - Exchange - Complaints tab located on the Online Store website at https://marxam.pl/complaints-and-returns,1008,en.html.
- The Operator will respond to the complaint immediately, but not later than within 14 days from the receipt of the complaint from the Customer.
- In the event of any deficiencies in the submitted complaint, the Operator will ask the Customer to supplement them in accordance with the address data indicated in the complaint.
§8 Right to withdraw from the contract
- According to Art. 27 of the Act on Consumer Rights of May 30, 2014 ( Journal of Laws of 2014, item 827), the consumer has the right to withdraw from the contract concluded remotely within 14 days, without giving reasons and incurring costs, except for the costs referred to in Art. 33, art. 34 sec. 2 and Art. 35 of the Act in question.
- The 14-day period referred to in section 1 is counted from the date on which the Product was delivered or in the case of a contract for the provision of services from the date of its conclusion.
- The statement of withdrawal from the contract should be submitted to the Operator, directly at its registered office, via e-mail to the address email@example.com or in writing to the postal address Marcin Bauer Marxam Project, ul. Ujastek 11, 31-752 Krakow.
- In the event of withdrawal from the contract, the Consumer is obliged to return the product to the Operator together with the elements that he received free of charge, immediately, but not later than within 14 days from the date on which he informed the Operator about the withdrawal from the contract. To meet the deadline, it is enough if the Consumer sends the goods before the expiry of the 14-day period to the address of the Operator.
- The consumer is obliged to bear the direct costs of returning the goods.
- In the event of withdrawal from the contract, the Operator shall immediately, but 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 received from him, including the costs of delivery of the goods, with the exception of additional costs resulting from the method chosen by the Consumer. delivery other than the cheapest standard delivery method offered by the Operator.
- The return of the payment to the Consumer will be made by the Operator using the same payment methods as used by the Consumer. In no case will the Consumer incur additional costs related to this return.
- The Operator may withhold the reimbursement of payments received from the Consumer until receipt of the goods back or delivery by the Consumer of proof of sending back the goods, depending on which event occurs first.
- The consumer is responsible for the decrease in the value of the item as a result of using it in a different way than was necessary to establish the nature, characteristics and functionality of the item.
- Details of the procedure in the event of withdrawal from the contract by the Consumer are specified in the Returns - Exchange - Complaints tab located on the Online Store website at https://marxam.pl/complaints-and-returns,1008,en.html
- The Operator provides the Customer with a model withdrawal form, available on the website of the Online Store at the address https://marxam.pl/complaints-and-returns,1008,en.html, which is only an example and is not binding for the Customer. The customer does not have to follow or use this pattern.
§9 Exchange of products
- Each customer has the right to exchange any product purchased in the Online Store without giving any reason for any other product available in the Online Store within 14 days from the date of its receipt (with the reservation referred to in paragraph 2).
- The declaration of will to replace the product should be submitted to the Operator, directly at its registered office, via e-mail to the address firstname.lastname@example.org or in writing to the postal address Marcin Bauer Marxam Project, ul. Ujastek 11, 31-752 Krakow.
- In order for the product replacement to be accepted by the Operator, the replaced product must be returned to the Operator, but not later than within 14 days from the date on which it informed the Operator about the will to exercise the right to replace the product.
- The replaced product must not be used.
- Details of the procedure to be followed in the event of a desire to exchange the product are specified in the Returns - Exchange - Complaints tab located on the Online Store website at https://marxam.pl/complaints-and-returns,1008,en.html.
§10 Out-of-court methods of dealing with complaints and pursuing claims
- Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer advocate, social organizations whose statutory tasks include consumer protection, Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection at the Internet addresses:
- The customer who is a consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
1) The customer is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection ( Journal of Laws 2001 No. 4 item 25, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice of 25 September 2001 on defining the rules of organization and operation of permanent consumer arbitration courts. ( Journal of Laws 2001, No. 113, item 1214).
2) The customer is entitled to apply to the voivodeship inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection ( Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and mode of the mediation procedure conducted by the voivodship inspector of the Trade Inspection is available at the offices and on the websites of individual Voivodship Inspectorates of the Trade Inspection.
3) The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the poviat (municipal) consumer advocate or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers ). Advice is provided by the Consumer Federation at the toll-free consumer helpline number 800 007 707 and by the Polish Consumers Association at the email address: email@example.com.
- The Customer has the option of agreeing to receive the Newsletter provided by the Operator in the Online Store. The Newsletter is sent only to Customers who have ordered the Newsletter by checking the appropriate box in the Registration Form or Order Form and have agreed to receive commercial information to the provided e-mail address within the meaning of the Act of 18 July 2002 on the provision of electronic services (consolidated text, Journal of Laws of 2013, item 1422).
- The newsletter contains, in particular, information about the product offer in the Online Store and current promotions.
- The newsletter is sent free of charge in the form of an irregular subscription.
- Consent to receive the Newsletter is granted indefinitely, with the reservation that the Customer may at any time, without giving any reason and without incurring costs, change the indicated e-mail address to which the Newsletter is sent or unsubscribe from the Newsletter , using the link placed in the footer of each Newsletter or in the customer panel in the newsletter tab by unchecking the checkbox I want to receive information about promotions, news and events of the marxam.pl store and to opt out of receiving the Newsletter by confirming it with the Save button.
§12 Protection of personal data
- Personal data provided by the Customer when registering or placing an order for products are processed by the Operator, who is the administrator of personal data.
- An element necessary for the registration or for placing an Order for a product is the Customer's providing his personal data, marked as mandatory, and the Customer's consent to the processing of his personal data provided during registration or placing an order. Providing personal data that has been marked as mandatory is voluntary but necessary in order to register or process the product order. Providing personal data that has not been marked as mandatory is completely voluntary.
- Consent to the processing of personal data is given by the Customer by checking the appropriate box during the registration or ordering procedure.
- The collected personal data is not made available to third parties, with the exception of the transfer of data to entities participating in the execution of the order in order to deliver the ordered products to the Customer, listed in §6 para. 1. When the payment for the ordered product is made by the Customer in advance, his data is also transferred to the entity through which the transaction is settled. The amount and type of data transferred is limited to the necessary minimum.
- The customer has an unlimited right to access his personal data and to correct them, as well as to obtain full information whether and to what extent his personal data is processed, as well as information about the purpose and scope of processing his personal data. For this purpose, he should contact the Operator directly at its registered office or by post to the address Marcin Bauer Marxam Project, ul. Ujastek 11, 31-752 Kraków or via e-mail to the following address: firstname.lastname@example.org.
- The operator as the administrator of personal data may entrust another entity, by way of an agreement concluded in writing, with the processing of personal data, in accordance with art. 31 of the Act of August 27, 1997 on the protection of personal data.
- Cookies in the Online Store , which are saved in the Customer's ICT system when browsing the Online Store, which allow for later identification of the Customer in the event of reconnection to the Online Store from the device on which they were saved.
- Detailed rules for collecting and processing cookies are set out in the Cookies Policy available on the website https://marxam.pl/marxam-privacy-policy,1010,en.html.
- Cookies are used on the Website with the consent of the Customer.
- The Customer of the Website may at any time limit or disable cookies in his browser by setting it so that it blocks cookies or warns the Customer against saving a cookie file on the device he uses to view the content of the Online Store. However, this may cause the Online Store to operate less efficiently and the Customer will be deprived of access to some content available in the Store.
§14 Final Provisions
- These Regulations are a publicly available document, posted on the website of the Online Store in the Regulations tab, located at https://marxam.pl/terms-and-conditions,1,en.html in a form that allows you to obtain, reproduce and record its content using the system used by the Customer, and also made available free of charge in printed form at the headquarters of the Operator.
- The information and price lists posted on the Online Store website, relating to the products presented in the Online Store, do not constitute an offer within the meaning of the Act of 23 April 1964. Civil Code (consolidated text, Journal of Laws of 2014, item 121, as amended).
- Agreements concluded in the Online Store are concluded in Polish.
- The content of the contract concluded via the Online Store is recorded, secured and made available by sending the content of the concluded contract to the Customer's e-mail address provided as part of the transaction made in the Online Store.
- The Operator reserves the right to amend the content of these Regulations on the following terms:
1) Information about any changes to the Regulations will be published on the website of the Online Store together with the new consolidated text of the Regulations and a list of recent changes to the Regulations.
2) Each Customer who has registered in the Online Store will also be informed about the content of amendments to the Regulations by e-mail to the address indicated in the registration form.
3) Information about changes to the Regulations will be made no later than 14 calendar days before the changes to the Regulations come into force.
4) The amended Regulations will be binding on the Customer who has registered in the Online Store, unless he has submitted a statement of termination of the contract for the provision of services in the Online Store within 14 calendar days from the date of receipt of information about the amendment to the Regulations.
5) If these Regulations are amended, all contracts concluded before the date of entry into force of the amendment to the Regulations will be implemented in accordance with the Regulations in the wording applicable on the date of conclusion of the contract.
In matters not covered by these Regulations and to the extent to which the Regulations would turn out to be contrary to the mandatory provisions of law, the provisions of Polish law shall apply.