REGULATIONS OF THE ONLINE STORE
www.maxstrefa.com
Regulations version valid from January 23, 2024.
The conclusion of a contract between the Buyer and the Seller may take place in two ways.
The Buyer has the right to negotiate any provisions of the contract with the Seller, including amending provisions, before placing an order
the following regulations. These negotiations should be conducted in writing and sent to the Seller's address (Max Strefa Powstańców Wielkopolskich 5D / 21, 80-457 Gdańsk).
If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following regulations and applicable legal provisions shall apply.
§ 1
GENERAL PROVISIONS
- The www.maxstrefa.com store operates on the terms set out in these Regulations.
- The Regulations specify the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.maxstrefa.com Store, the rules for the provision of these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
- Each Service Recipient, upon taking steps to use the Electronic Services of the www.maxstrefa.com Store, is obliged to comply with the provisions of these Regulations.
- In matters not regulated in these Regulations, the following provisions apply:
- Act on the provision of electronic services of July 18, 2002,
- Act on Consumer Rights of May 30, 2014,
- Act on out-of-court resolution of consumer disputes of September 23, 2016,
- the Civil Code of April 23, 1964 and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
- ORDER FORM – a form available on the website maxstrefa.com enabling the submission of an Order.
- CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
- CONSUMER – an adult natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
- ENTREPRENEUR – a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by law, conducting business or professional activity on its own behalf.
- PRODUCT – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
- REGULATIONS – these regulations of the Store.
- STORE – Service Provider's online store operating at www.maxstrefa.com
- SELLER, SERVICE PROVIDER – MAX STREFA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ; Company headquarters address: Powstańców Wielkopolskich 5D / 21, 80-457 Gdańsk, Poland; NIP: 5842845060, REGON: 527178709; KRS: 0001074772 ; registered and visible in the CEIDG register. Tel. 601670677
- SALES AGREEMENT - Product Sales Agreement concluded between the Customer and the Seller via the Store.
- ORDER – the Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
- PRICE – value expressed in monetary units that the Customer is obliged to pay the Seller for the Product.
§ 3
INFORMATION REGARDING PRODUCTS AND THEIR ORDERING
- The www.maxstrefa.com store sells Products via the Internet.
- The products offered in the Store are new, consistent with the contract and have been legally introduced to the Polish market.
- The information available on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Product on the terms specified in its description.
- The Product price displayed on the Store's website is given in Polish zlotys (PLN) and includes all ingredients. The price does not include delivery costs.
- Orders can be placed via the website using the Order Form (Store www.maxstrefa.com) - 24 hours a day, all year round.
- The condition for placing an Order in the Store by the Customer is to read the Regulations and accept their provisions at the time of placing the Order.
§ 4
CONCLUSION OF A SALES AGREEMENT
- To conclude the Sales Agreement, it is necessary for the Customer to place an Order in advance using the method provided by the Seller, in accordance with § 3 points 5 and 6 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt.
- Confirmation of acceptance of the Order referred to in point 2 of this paragraph binds the Customer with his Order. Confirmation of receipt of the Order takes place by sending an e-mail.
- Confirmation of receipt of the Order includes:
- confirmation of all essential elements of the Order,
- withdrawal form,
- these Regulations containing information on the right to withdraw from the contract.
- When the Customer receives the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
- Each Sales Agreement will be confirmed by a proof of purchase attached to the Product.
§ 5
PAYMENT METHODS
- The seller provides the following payment methods:
- payment by traditional transfer to the Seller's bank account,
- payment via electronic payment system.
- In the case of payment by traditional transfer, the payment should be made to the bank account number: 27 1140 2004 0000 3202 8440 7659 (Bank: mBank SA). Please enter "Order No...." in the transfer title.
- In the case of payment via the electronic payment system, the Customer makes the payment before starting the execution of the Order. The electronic payment system allows you to make payments by credit card or quick transfer from selected Polish banks.
- The Customer is obliged to pay the price under the Sales Agreement within 2 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
- The product will only be shipped after payment has been made.
§ 6
COST, DATE AND METHODS OF PRODUCT DELIVERY
- The delivery costs of the Product, which are covered by the Customer, are determined during the Order placement process.
- The Product delivery date includes the Product completion time and the Product delivery time by the carrier:
- The time required to complete the Products is 1 business day,
- Delivery of Products constituting movable items by the carrier takes place within the time declared by the carrier, i.e. 2 business days from the moment of sending the shipment (delivery takes place only on business days, excluding Saturdays, Sundays and holidays).
- Products purchased in the Store are shipped only within Poland via Poczta Polska or a courier company.
- Delivery of products may take a different number of days than the number specified above in point 2. Such information is provided on the website of the purchased product.
- If the seller does not have the goods at the time the customer places the order, the delivery time may be extended. In such a situation, the buyer is immediately informed about the next possible delivery date of the goods.
- All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include delivery costs, which are specified in the delivery price list
- The Seller informs about known guarantees granted by third parties for products available in the store.
- The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer will bear its costs in the amount resulting from the contract he concluded with a third party providing a specific service to him.
enabling remote communication.
§ 7
PRODUCT COMPLAINT
Complaint due to the lack of compliance of the Product with the contract.
- The basis and scope of the Seller's liability towards the Customer who is a Consumer for the lack of compliance of the Product with the contract are specified in the Act on Consumer Rights of May 30, 2014,
- The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur under the warranty are specified in the Civil Code Act of April 23, 1964,
- The Seller is liable to the Customer who is a Consumer for the lack of compliance of the Product with the contract existing at the time of delivery of the Product and disclosed within 2 years from that moment, unless the shelf life of the Product specified by the Seller or persons acting on his behalf is longer,
- Notification of the lack of compliance of the Product with the contract and submitting an appropriate request can be made via e-mail to the following address: roman@maxstrefa.com or in writing to the following address: Max Strefa ul. Powstańców Wielkopolskich 5D/21 80-457 Gdańsk.
- The above message, in written or electronic form, should include as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller,
- To assess irregularities and non-compliance of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense,
- The Seller will respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint,
- In the case of a complaint from a Customer who is a Consumer - failure to consider the complaint within 14 days of its submission is tantamount to its acceptance,
- In connection with a justified complaint of a Customer who is a Consumer, the Seller accordingly:
a. covers the costs of repair or replacement and re-delivery of the Product to the Customer,
b. reduces the price of the Product (the reduced price must be in the proportion of the price of goods consistent with the contract to goods inconsistent with the contract) and returns the value of the reduced price to the Consumer no later than within 14 days of receiving the declaration of price reduction from the Consumer,
c. in the event of withdrawal from the contract by the Consumer - the Seller refunds the price of the Product no later than 14 days from the date of receipt of the returned goods or proof of sending them back. In the event of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the Seller's expense, - The response to the complaint is provided on paper or another durable medium, e.g. e-mail or SMS.
§ 8
RIGHT TO WITHDRAW FROM THE CONTRACT
- Subject to point 10 of this paragraph, the Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration within 14 days.
- In the event of withdrawal from the contract, the Sales Agreement is considered null and void, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller proposed that he will pick up the Product himself. To meet the deadline, it is enough to return the Product before its expiry. In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: Max Strefa ul. Powstańców Wielkopolskich 5D/21 80-457 Gdańsk.
- The Consumer is liable for the reduction in the value of the Product resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 10 about the method and deadline for exercising the right to withdraw from the contract. and did not provide him with a sample withdrawal form. In order to determine the nature, characteristics and functioning of the Products, the Consumer should handle and inspect the Products only in the same way as he could do it in a stationary store.
- Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with its delivery costs using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him. . Subject to point 7 of this paragraph, the return will be made immediately, and no later than within 14 days from the moment the Seller receives the declaration of withdrawal from the Sales Agreement.
- If the Consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to reimburse him for any additional costs incurred.
- If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the refund of payments received from the Consumer until he receives the item back or provides proof of sending it back, depending on which event occurs first.
- The Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.
- The fourteen-day period in which the Consumer may withdraw from the contract is counted for the contract under which the Seller delivers the Product and is obliged to transfer its ownership - from the date on which the Consumer (or a third party indicated by him, other than the carrier) took possession of the Product. .
- The right to withdraw from a distance contract is not available to the Consumer in the case of a Sales Agreement, among others, in which the subject of the service is non-prefabricated goods, manufactured according to the Consumer's specifications or serving to meet his individual needs.
- Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party fails to perform its obligation within a strictly specified period.
§ 9
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider enables the use of the Electronic Service via the Store, which is the conclusion of Product Sales Agreements.
- The provision of Electronic Services to Service Users in the Store takes place on the terms specified in the Regulations.
- The Service Provider has the right to post advertising content on the Store's website. This content constitutes an integral part of the Store and the materials presented therein.
§ 10
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
- The provision of the Electronic Service specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.
- The contract for the provision of Electronic Services consisting in enabling the submission of an Order in the Store is concluded for a fixed period of time and is terminated when the Order is placed or the Service User stops placing it.
- Technical requirements necessary for cooperation with the IT system used by the Service Provider:
- A computer (or mobile device) with Internet access,
- Access to e-mail,
- Web browser,
- Enabling Cookies and Javascript in your web browser.
- The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, taking into account the respect for personal rights and intellectual property rights of third parties.
- The service recipient is obliged to enter data consistent with the actual situation.
- The Service Recipient is prohibited from providing illegal content.
§ 11
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
- Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via e-mail to the following address: Roman@maxstrefa.com
- In the above e-mail message, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Service Provider.
- The Service Provider will consider the complaint immediately, no later than within 14 days from the date of notification.
- The Service Provider's response to the complaint is sent to the Service User's e-mail address provided in the complaint or in another manner provided by the Service User.
§ 12
FINAL PROVISIONS
- Agreements concluded through the Store are concluded in accordance with Polish law.
- In the event of inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
- Any disputes arising from Sales Agreements between the Store and Consumers will be resolved first through negotiations, with the intention of ending the dispute amicably, taking into account the Act on out-of-court resolution of consumer disputes. However, if this would not be possible or would be unsatisfactory for any of the parties, disputes will be resolved by a competent common court, in accordance with point 4 of this paragraph.
- Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
- The Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, an application to initiate mediation or an application for consideration of the case by an arbitration court (the application can be downloaded on the website http://www.uokik.gov. pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also benefit from free assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is completed is free of charge.
- In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.
- The document was developed, among others, using an automatic generator available at www.lexlab.pl/generator-regulaminu
§ 13
Privacy policy and personal data security
- The administrator of the databases of personal data provided by Consumers and Customers of the store is the Seller.
- The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 2, 17 and the Act on the Provision of Electronic Services of July 18, 2002. By providing his personal data to the Seller when placing an order, the Buyer consents to their processing by the Seller in order to complete the order. The buyer has the opportunity to view, correct, update and delete his or her personal data at any time.
- Detailed rules for collecting, processing and storing personal data used to process orders by the store are described in the store's Privacy Policy