Ladenordnung

§ 1

Preliminary provisions

1. The online store M Industrial Shop, available under the following online address m-industrial.eu, is run by M Industrial Service Sp. z o.o. Sp. k., registered under the following address: 85-075 Bydgoszcz, ul. Ignacego Paderewskiego 34/72, listed in the National Court Register by the District Court in Bydgoszcz, 13th Economic Department KRS under the number KRS 0000879233, with share capital of Zl 5,000.00, NIP 9532781563, REGON 388016010.
2. These regulations are addressed to both Consumers and Entrepreneurs using the Store, specifying the rules of using the Online Store, as well as rules and procedure for conclusion of distance sales contracts with the Customer via the Online Store.

§ 2

Definitions

1. Consumer – an individual concluding a contract with the Seller within the Store, which subject is not related directly to its business or professional activity.
2. Seller – M Industrial Service Sp. z o.o. Sp. k. registered under the following address: Bydgoszcz, ul. Ignacego Paderewskiego 34/72, postal code 85-075, listed in the National Court Register by the District Court in Bydgoszcz, 13th Economic Department KRS under the number KRS 0000879233, with share capital of Zl 5,000.00, NIP 9532781563, REGON 388016010.
3. Customer – every entity shopping online via the Store.
4. Entrepreneur – an individual, legal entity or organizational unit that is not a legal entity, to which a separate contract grants a legal capacity, performing on its behalf economic activity, that uses the Store.
5. Store – an online store run by the Seller under the following online address m-industrial.eu.
6. Distance contract – contract signed with the Customer within an organized distance contract system (within the Store), without concurrent physical presence of the parties, with exclusive use of one or more means of distance communication until the time of conclusion of the contract inclusive.
7. Regulations – these regulations of the Store.
8. Order – Customer’s declaration of will, made through the Order Form and aimed directly to conclude a Sales Contract for Product or Products with the Seller.
9. Account – Customer’s account in the Store, to collect data provided by the Customer and information on Orders placed by him in the Store.
10. Registration form – a form available in the Store, making possible opening of the Account.
11. Order form – an interactive form available in the Store, making possible placement of an Order, in particular by adding Products to Shopping Cart and specification of the Terms of Sales Contract, including the method of delivery and payment.
12. Shopping Cart – part of the Store software, in which it is possible to see the Products chosen by the Customer for purchase, it is also possible to determine and modify data of the Order, in particular quantity of products.
13. Product – movable goods/service available in the Store, subject of a Sales Contract between the Customer and Seller.
14. Sales Contract – a sales contract of the Product being concluded or already concluded between the Customer and Seller via the Online Store. The Sales Contract is also understood – appropriately to Product features – as a service contract and contract for specific work.

§ 3

Contact with the Store

1. Address of the Seller: ul. Ignacego Paderewskiego 34/72, 85-075 Bydgoszcz
2. e-mail of the Seller: oss.s@m-industrial.pl
3. Phone number of the Seller: +49 177 4237 144
4. Bank account number of the Seller: PL 87 1090 1896 0000 0001 4756 4006
5. The Customer can communicate with the Seller through the addresses and phone numbers provided in this paragraph.
6. The Customer can communicate by the phone with the Seller between 9:00 a.m. and 5:00 p.m.

§ 4

Technical requirements

The following features are necessary to use the Store, including viewing of the assortment of the Store and placement of orders for Products:

• terminal equipment with access to Internet and online browser such as Google Chrome, Safari, Opera, FireFox,
• active e-mail account (e-mail),
• cookies have to be enabled.

§ 5

General information

1. The Seller, in the broadest range allowed by the law, is not responsible for disruptions, including interruptions in Store operation caused by force majeure, illegal third party activities or incompatibility between the Online Store and Customer’s technical infrastructure.
2. Browsing through the Store assortment does not require opening of the Account. Placement of orders by the Customer regarding Products seen in the Store assortment is possible after opening of the Account in accordance with provisions of §6 of the Regulations or by providing necessary personal and address information that make possible placement of an Order without opening of an Account.
3. Prices provided in the Store are nett prices (excluded VAT tax).
4. The total (final) amount for payment by the Customer includes the price for Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store websites during placement of an Order, including also during making the declaration of will to be bound by the Sales Contract.
5. When a Contract involves subscription or provision of services for an unspecified period, the final price is the total price including all payments for the billing period.
6. When the character of the subject of the Contract does not allow, reasonably assessing, for an earlier calculation of the total (final) amount, information about the method used to calculate the price, as well as fees for transport, delivery, postal services and other costs will be provided by the Store in the Product description.

§ 6

Opening of an Account in the Store

1. In order to open an Account in the Store, one shall fill the Registration Form. It is necessary to provide the following information: name, surname, phone number, address and company information, NIP, ADDRESS when an order should involve issuance of an invoice.
2. Opening of an Account in the Store is free of charge.
3. Logging to the Account is made by providing login and password set in the Registration Form.
4. The Customer can anytime – without giving the reason and incurring any related fees – remove the Account by sending a proper request to the Seller, in particular via e-mail or regular mail to the addresses provided in § 3.

§ 7

The rules for Order placement

In order to place an Order, you should:

1. log in to the Store (optional);
2. choose a Product that is the subject of the Order, and then click the “add to cart” button (or equivalent);
3. log in or take the advantage of the possibility of placing an order without registration;
4. when you chose the possibility of placing an order without registration – fill in the Order Form by entering information of the Order recipient and delivery address of the Product, and choose the type of shipping (method of delivery of the Product), enter information to the invoice when it is different than information of the Order recipient,
5. click the “Order and pay” button and confirm the order by clicking the link sent by e-mail,
6. choose one of the available methods of payment and depending on the method of payment, pay for the order in a specified time, subject to § 8 sec. 3.

§ 8

Available methods of delivery and payment

1. The Customer can use the following methods of delivery or pick-up of the ordered Product:
   • Overnight shipping,
   • Personal pick-up available under the following address: ……………….
2. The Customer can use the following methods of payment:
   • Payment by wire transfer to the Seller’s account
   • Electronic payments
3. Detailed information on methods of delivery and accepted methods of payment are shown on the Store website.

§ 9

Performance of a Sales Contract

1. Conclusion of a Sales Contract between the Customer and Seller follows placement of an Order by the Customer using the Order Form in the Online Store in accordance with § 7 of the Regulations.
2. After placemen of an Order, the Seller immediately confirms its reception and at the same time accepts the Order for processing. Confirmation of receipt of an Order and its acceptance for processing is made by sending an appropriate e-mail by the Seller to Customer to the e-mail provided during placement of an Order, which includes at least Seller’s statement on receiving an Order and its acceptance for processing, as well as confirmation of conclusion of a Sales Contract. On receipt of the mentioned e-mail by the Customer, a Sales Contract is concluded between the Customer and Seller.
3. If the Customer chooses:
4. payment by wire transfer, online payment or payment by credit card, the Customer has to make payment within 5 calendar days from the date of conclusion of the Sales Contract – otherwise the Order is cancelled.
5. When the Customer chooses a different type of delivery than personal pick-up, the Product is sent by the Seller at the time indicated in its description (subject to article 5 to this paragraph), using the type selected by the Customer during placement of an Order.
6. When ordering Products with different times of delivery, the time of delivery is the longest time shown.
   The starting point for the period for delivery of the Product is calculated in the following way:
7. If the Customer chooses the method of payment by wire transfer, online payment or credit card – from the day of crediting the Seller’s bank account.
8. If the Customer chooses personal pick-up of the Product, such Product will be ready for pick-up by the Customer in the time indicated in the Product description. The Customer is additionally notified by the Seller about readiness of the Product for pick-up by sending an appropriate e-mail to the e-mail provided during placement of an Order by the Customer.
9. When ordering Products with different times of readiness for pick-up, the time of readiness for pick-up is the longest time shown.
10. The Product is delivered across Europe.
11. The Product is delivered to the Customer for a fee, unless the Sales Contract specifies otherwise. The cost of delivery of the Product (including fees for transport, delivery and postal services) are shown to the Customer on the Online Store website in the “Cost of Delivery” bookmark and during placement of an Order, and also when the Customer makes his declaration of will to be bound by the Sales Contract.
12. Personal pick-up of the Product by the Customer is free of charge.

§ 10

The right to withdraw from the contract

1. The Consumer can withdraw from a Sales Contract within 14 days, without giving any reason.
2. The starting point for the period specified in sec. 1 is delivery of the Product to the Consumer or a person indicated by him, different than the carrier.
3. In the case of a Contract, which includes many Products, which are delivered separately, in batches or parts, the time indicated in sec. 1 runs from delivery of the last piece, batch or part.
4. In the case of a Contract that involves regular delivery of Products for a specific time (subscription), the time indicated in sec. 1 runs from taking the first piece into possession.
5. The Consumer can withdraw from a Contract by submitting to the Seller a statement of withdrawal from the Contract. The period for withdrawal shall be deemed to have been observed if the Consumer’s notice is sent before expiration of this period.  version for the stores, in which the buyer can send a statement of
   withdrawal from the contract in any way
6. A statement can be sent by traditional mail, fax or online by sending a statement to the Seller’s e-mail or making a declaration of will on the Seller’s website – the Seller’s contact information is provided in § 3. A statement can be also submitted on a form, which template is provided as Appendix 1 to these Regulations and an annex to the Consumer Rights Act of May 30, 2014, although it is not mandatory.
7. When the Consumer sends a statement by e-mail, the Seller will send immediately to the e-mail provided by the Consumer confirmation of receiving the statement of withdrawal from the Contract.
8. Effects of withdrawal from the Contract:
   • In the event of withdrawal from the Contract concluded as a distance contract, such contract shall be considered as not executed.
   • In the event of withdrawal from the Contract, the Seller returns to the Consumer immediately, although not later than within 14 days from the day of receiving the Consumer’s
   • statement of withdrawal from the Contract, all payments made by him, including cost of delivery of products, excluding additional costs resulting from choosing by the Consumer a type
   • of delivery that is different than the cheapest form of delivery offered by the Seller.
   • The Seller will return such payments with the use of the same methods of payments as used by the Consumer during the initial transaction, unless the Consumer explicitly agreed to a different solution, which would not involve any additional costs.
   • The Seller can wait with return of payments until the Product is received back or until receiving the proof of sending it back, whichever comes first.
   • The Consumer should send back the Product to the Seller’s address provided in these Regulations immediately, although no later than within 14 days from the day of receiving the
   • Consumer’s statement of withdrawal from the Contract. This deadline shall be met if the Consumer sends back the Products before the period of 14 days has expired.
   • The Consumer incurs the direct cost of sending back the Product, including the cost of return of the Product, when due to its character it is not possible to send back the Product the usual way by mail.
   • The Consumer is responsible only for diminished value of the Product resulting from using it in a way that is different than necessary to determine the character, features and functioning of the Product.
9. When due to the character of the Product it cannot be sent back the usual way by mail, information about it, including the cost of return of the Product, will be featured in the Product description in the Store.
10. The Consumer cannot take advantage of the right to withdraw from the distance contract in relation to the Contract:
    • in which the subject of the rendered service is nonfabricated goods, made according to Consumer’s specification or used according to his individualized needs,
    • in which the subject of the rendered service is perishable goods or goods with short expiration date,
    • that is a service contract, when the Seller performed service in full with the explicit approval of the Consumer, who was informed prior to starting provision of service, that after performance of service by the Seller he will lose his right to withdraw from the Contract,
    • in which the subject of the rendered service is goods, which after delivery, due to their character, will be inextricably linked to other goods,
    • that concerns digital content that is not saved on a tangible medium, when provision of service started with the explicit approval of the Consumer before expiration of period to withdraw from the Contract and notification by the Seller about his loss of the right to withdraw from the Contract.

§ 11

Complaint and warranty

1. Sales Contract can involve both new and used Products. The Store website specifies clearly the condition of each used Product.
2. In the event of defect in goods purchased from the Seller, the Customer has the right of complaint based on Civil Code provisions relating to guarantee. When the Customer is an Entrepreneur, the parties exclude liability under warranty.
3. Complaints should be filed in writing or by e-mail to the Seller’s addresses given in these Regulations or with the use of online complaint form, provided by the Seller on one of the Store subsites.
4. It is recommended to include in the complaint a brief description of defect, circumstances (including the date) of its occurrence, information on the Customer filing complaint, and Customer’s request regarding defect of goods.
5. The Seller will respond to the complaint immediately, and when the Customer is also Consumer – no later than within 14 days. When the Customer is also Consumer, and the Seller fails to respond to the complaint within 14 days, it is considered that he recognized the Customer’s request justified.
6. Goods sent back within the complaint procedure will be shipped to the following address ……………………………………..
7. When a Product is covered by a warranty, the related information and its content will be included in the Product description in the Store.
8. The rights under guarantee are independent of the rights under warranty.

§ 12

Out-of-court settlement of claims and dispute resolution

1. Detailed information regarding the possibility of taking advantage by the Consumer of out-of-court settlement of claims and dispute resolution as well as the rules of access to these procedures are available in offices and websites of county (municipal) consumer ombudsmen, social organizations, which statutory tasks include consumer protection, the Regional Trade Inspection Authorities and the following online addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. Consumer has the following possibilities of taking advantage of out-of-court settlement of claims and dispute resolution, listed as an example:
   • Consumer is entitled to apply to a permanent court of consumer rights, which is mentioned in art. 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, art. 148 with later amendments), with an application to solve a dispute resulting from the Contract concluded with the Seller.
   • Consumer is entitled to apply to the Regional Trade Inspection Authority, in accordance with art. 36 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, art. 148 with later amendments), with an application to initiate mediation proceedings regarding amicable settlement of the dispute between the Consumer and the Seller.
   • Consumer can receive free assistance regarding dispute resolution between him and the Seller, also taking advantage of free assistance of a county (municipal) consumer ombudsman, social organization, which statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumers’ Association).

§ 13

Personal data in the Online Store

1. The Controller of personal data of Customers collected via the Online Store is the Seller.
2. Personal data of Customers collected by the Controller Dane via the Online Store are gathered for the purpose of conclusion of the Sales Contract, and when the Customer agrees – also for marketing purposes.
3. Recipients of personal data of the Online Store Customers can include:
   • In the case of Customer who uses postal service or overnight shipping as methods of delivery offered by the Online Store, the Controller provides the collected Customer’s personal data to a selected carrier or agent who performs shipping services, commissioned by the Controller.
   • In the case of Customer who uses online payment or credit card as methods of payment offered by the Online Store, the Controller provides the collected Customer’s personal data to a selected entity that provides services related to such payments in the Online Store.
4. Customer has the right to access the content of his data and to correct it.
5. Providing personal data is voluntary, although failure to provide personal data mentioned in the Regulations that are necessary to conclude the Sales Contract, results in the lack of possibility to conclude this Contract.

§ 14

Final provisions

1. Contracts concluded via the Online Store are concluded in the Polish language.
2. The Seller reserves the right to make changes in the Regulations for material reasons, including: changes in laws, change in the methods of payment and delivery – to the extent in which such changes have an impact on implementation of provisions of these Regulations. The Seller will notify the Customer about every change at least 7 days in advance.
3. The issues not covered by these Regulations shall be governed by generally applicable Polish laws, in particular Civil Code regulations; acts on provision of services by electronic means; acts on consumer rights, acts on protection of personal data.
4. The Customer has the right to take advantage of out-of-court settlement of claims and dispute resolution. For this purpose, he can file a complaint via the European Online Dispute Resolution (ODR) platform available at http://ec.europa.eu/consumers/odr/