§ 1 Introductory provisions
- MGUIDE.eu online store available at www.mguide.eu is run by Przemysław Diering, ul. Pułaskiego 8, 81-368 Gdynia, a natural person running a business under the name MEXPO Przemysław Diering, entered into the Central Register and Information on Business Activity (CEIDG) run by the minister in charge of economy, NIP no. 5841076375, REGON no. 192015248.
- These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and define the rules of using the online Store as well as the rules and procedures for concluding Sales Contracts with the Customer remotely via the Store.
§ 2 Definitions
- Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
- Business Customer – a person running a business activity or representing a company and making a purchase for business activity.
- Seller/Service Provider – a natural person conducting a business activity under the firm MEXPO Przemysław Diering, entered into the Central Register and Information on Business Activity (CEIDG) kept by the minister in charge of economy, NIP no. 5841076375, REGON no. 192015248.
- Supplier – Przemysław Diering, ul. Pułaskiego 8, 81-368 Gdynia, a natural person running a business under the name MEXPO Przemysław Diering, entered into the Central Register and Information on Business Activity (CEIDG) run by the minister in charge of economy, NIP no. 5841076375, REGON no. 192015248.
- Customer/User – each entity making purchases through the Store.
- Entrepreneur – a natural person, a legal person or an organisational unit other than a legal person to whom a separate act grants legal capacity, performing in its own name business activity which uses the Store.
- Store – an online store run by the Seller at mguide.eu.
- Distance Contract – a contract concluded with the Customer within an organised system of distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time of conclusion of the contract.
- Terms and Conditions – these terms and conditions of the Store.
- Order – a declaration of will of the Customer made using the Order Form and leading directly to the conclusion of a Sales Contract for the Product or Products with the Seller.
- Account – a customer’s account in the Store where data provided by the customer and information about orders placed by the customer in the Store are collected.
- Registration form – a form available in the Store, which enables the creation of an Account.
- Order Form – an interactive form available in the Store which enables placing an Order, in particular by adding Products to the Shopping Cart, and defining the terms of the Sales Contract, including the method of delivery and payment.
- Shopping Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, it is also possible to determine and modify the Order data, in particular the number of products.
- Product – movable item/service available in the Store which is the subject of the Sales/Service Contract between the Customer/service recipient and the Seller.
- Sales Contract – a contract for the sale of the Product concluded between the Customer and the Seller via the online Store. The Sales Contract shall also be understood as, according to the characteristics of the Product, a contract for the provision of services and a specific task contract.
§ 3 Contact with the Store
- Seller’s address: ul. Pułaskiego 8, 81-368 Gdynia, Poland
- Supplier’s address: ul. Pułaskiego 8, 81-368 Gdynia, Poland
- Seller’s e-mail address: [email protected]
- Seller’s telephone number: 0048 58 550 10 25
- IBAN number of the Seller’s bank account: PL 07 1090 1098 0000 0001 3435 7350
- The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
- The Seller responds to customer’s contact between 9 a.m. and 5 p.m. (Monday – Friday) GMT+1 time.
§ 4 Technical requirements
In order to use the Store, including browsing the Store’s assortment and placing orders for Products, the following is required:
- terminal device with Internet access and a web browser such as Chrome, Edge, Mozilla, Opera, Safari,
- an active e-mail account (e-mail),
- enabled cookie support,
- FlashPlayer installed.
§ 5 General information
- The Seller, to the fullest extent permitted by law, shall not be liable for interruptions in the functioning of the Store caused by force majeure, unauthorised actions of third parties or incompatibility of the online Store with the technical infrastructure of the Customer.
- Browsing through the assortment of the Store does not require the creation of the Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after the creation of the Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the execution of the Order without the creation of the Account.
- Prices in the Store are expressed in EUR and are net prices.
- 23% VAT will be added to the prices of products from the Shopping Cart in the case of customers who are consumers and do not have a European VAT number.
- In case of Business Customers who have an active EU VAT number and provide this number during registration/execution of the purchase – the 0% VAT rate will be applied (VAT will not be added to the value of products from the Cart).
- The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal services), of which the Customer is informed on the Store’s website during the submission of the Order, including the moment of expressing the will to be bound by the Sales Contract.
- In the case of a Contract covering a subscription or provision of services for an indefinite period, the final price shall be the total price including all payments for the billing period.
- Where the nature of the subject matter of the Contract does not allow for a reasonable assessment of the prior calculation of the final price, information about the manner in which the price will be calculated, as well as about transport, delivery, postal services and other costs, will be given in the Store in the Product description.
§ 6 Creating an Account in the Store
- In order to open an Account in the Store, you need to fill in the Registration Form.
- Opening an Account in the Store is free of charge.
- Logging into the Account is done by entering the login and password specified in the Registration Form.
- The Customer has the possibility to remove the Account at any time, without giving any reason and without paying any fees by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses given in § 3.
§ 7 Order placement rules
In order to place an order you need to:
- log in to the Store (optional);
- select the Product which is the subject-matter of the Order, and then click the “Add to Cart” button (or equivalent);
- log in or use the possibility of placing an Order without registration;
- if you choose to place an Order without registration, fill in the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, choose the type of shipment (the method of delivery of the Product), enter data to the invoice, if different from the details of the recipient of the Order;
- click the “Order and Pay” button and confirm your order by clicking on the link sent in the e-mail;
- choose one of the available methods of payment and, depending on the method of payment, pay for the Order within a specified period of time, subject to § 8 point 3.
§ 8 Delivery and payment methods offered
- The Customer may use the following methods of delivery or collection of the ordered Product:
1. Courier delivery,
2. Personal collection available at: Pułaskiego 8, Gdynia, Poland – only after prior appointment (see section 9 paragraph 7) and earlier payment by bank transfer or electronic payment.
- The Customer may use the following payment methods:
1. Payment by bank transfer to the Seller’s account,
2. Electronic payments.
- Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
§ 9 Execution of the Sales Contract
- Conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be effected by sending by the Seller an appropriate e-mail to the Customer’s e-mail address provided during the Order placement, which shall contain at least the Seller’s statements on receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the above e-mail message is received by the Customer, the Sales Contract is concluded between the Customer and the Seller.
- The Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Contract, otherwise the Order will be cancelled.
- If the Customer chooses a method of delivery other than personal collection, the Product is sent by the Seller within the period indicated in its description (subject to section 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
1. In the case of ordering Products with different delivery dates, the delivery date is the longest specified date.
2. In the case of ordering Products with different delivery dates, the Customer has the possibility to request the delivery of the Products in parts or the delivery of the Products after the completion of the entire order.
3. The beginning of the period of delivery of the Product to the Customer is counted from the date of crediting the Seller’s bank account.
- If the Customer chooses to collect the Product personally, the Customer will be additionally informed by the Seller about the readiness of the Product to be collected, via e-mail sent to the Customer’s e-mail address provided during the Order placement.
- In the case of ordering Products with different dates of readiness for collection, the date of readiness for collection is the longest given date. In the case of ordering Products with different dates of readiness for collection, the Customer has the possibility to collect the Products in parts (according to their readiness for collection) or to collect all the Products after the completion of the entire order.
1. The beginning of the period of the Product’s readiness for collection by the Customer is counted from the date of crediting the Seller’s bank account.
- Delivery of the Product takes place within the European Union. Deliveries outside the EU require prior agreement between the Customer and the Seller and apply only to countries in Europe. Any shipment outside the EU always involves a higher delivery fee.
- Delivery of the Product to the Customer is subject to payment, unless the Sales Contract provides otherwise. Costs of the Product delivery (including transport, delivery and postal fees) are indicated to the Customer on the website of the online Store in the “Delivery costs” tab and during the placement of the Order, including the moment when the Customer expresses his/her willingness to be bound by the Sales Contract.
- Personal collection of the Product at the Supplier’s premises by the Customer is free of charge.
§ 10 Right of withdrawal
- The Consumer may withdraw from the Sales Contract within 14 days without giving any reason.
- The period referred to in sec. 1 shall begin with the delivery of the Product to the Consumer or a person designated by the Consumer other than the carrier.
- In the case of a Contract which covers several Products which are delivered separately, in lots or pieces, the period referred to in sec. 1 shall run from the delivery of the last item, lot or piece.
- In the case of a Contract which consists in regular delivery of Products for a specified period of time (subscription), the period indicated in sec. 1 runs from the date of taking possession of the first item.
- The Consumer may withdraw from the Contract by submitting to the Seller a statement of withdrawal from the Contract. In order to meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send a statement before the expiry of this deadline.
- The statement may be sent by traditional mail, by e-mail to the Seller’s e-mail address, the Seller’s contact details are specified in § 3.
- In case of the Consumer sending the declaration by electronic means, the Seller shall immediately send to the Consumer’s e-mail address a confirmation of receipt of the statement of withdrawal from the Contract.
- Effects of withdrawal from the Contract:
1. In the case of withdrawal from the Distance Contract, the Contract shall be deemed not to have been concluded.
2. In the case of withdrawal from the Contract, the Seller shall return to the Consumer immediately, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Contract, all payments made by the Consumer, including the costs of delivery of goods, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
3. The reimbursement shall be made by the Seller using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution which will not involve any costs for the Consumer.
4. The Seller may withhold the return of payment until the Product is received back.
5. The Consumer should send the Product back to the address of the Supplier given in these Terms and Conditions immediately, not later than 14 days from the day on which he/she informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiry of the deadline of 14 days.
6. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product, if, due to its nature, the Product could not normally be sent back by post.
7. The Consumer shall only be liable for any diminished value of the Product resulting from its use in a manner other than was necessary to determine the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be sent back by regular mail, information about this, as well as about the cost of returning the Product, will be included in the description of the Product in the Store.
- The Consumer shall not have the right to withdraw from a Distance Contract in relation to the Contract:
1. the subject of which is an item which is not manufactured, produced according to the Consumer’s specifications or intended to meet his/her individual needs,
2. the subject of which is the supply of goods in sealed packaging which, when opened, cannot be returned for health protection reasons or for hygienic reasons if the packaging has been opened after delivery,
3. the subject of which is an item that is subject to rapid deterioration or has a short shelf life,
4. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer who was informed before the commencement of performance that after completion of the service by the Seller the Consumer will lose the right to withdraw from the Contract,
5. where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period,
6. the subject of which are goods which, by their nature, are inseparably combined with other goods after delivery,
7. the subject of which are audio or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery,
8. for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement,
9. for delivery of digital content which is not recorded on a tangible medium, if the performance began with the express consent of the Consumer before the expiry of the deadline for withdrawal from the Contract and after informing the Seller of the loss of the right to withdraw from the Contract.
§ 11 Complaint and warranty
- New Products are covered by the Sales Contract.
- The Seller shall be obliged to deliver goods free from defects to the Customer.
- In the event of a defect in goods purchased from the Seller, the Customer has the right to lodge a complaint.
- Complaints should be submitted in writing or electronically to the addresses of the Seller specified in these Terms and Conditions.
- It is recommended that the complaint should include, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, details of the Customer making the complaint, and the Customer’s request in connection with the defect in the goods.
- The Seller shall respond to the complaint immediately, not later than within 14 days, and if the Seller fails to do so within this period, it is considered that the Customer’s request is justified.
- Goods returned under the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.
- If a warranty has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
§ 12 Out-of-court complaint handling and redress procedures
The Customer has the possibility to use out-of-court complaint and redress procedures in accordance with the European Commission’s Online Dispute Resolution procedure available at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show
§ 13 Personal data in the online Store
- The Seller is the Controller of the Customers’ personal data collected through the online Store.
- Customers’ personal data collected by the Controller through the online Store are collected in order to perform the Sales Contract and provide services offered by the online Store, and also, if the Customer agrees, also for marketing purposes.
- The recipients of personal data of the Customers of the online Store may be:
1. In the case of a Customer who uses the mail or courier delivery method, the Controller provides the collected personal data of the Customer to a selected carrier or intermediary who carries out the delivery on behalf of the Controller.
2. In the case of a Customer who uses the electronic payment method or payment card in the online Store, the Controller provides the collected personal data of the Customer to a selected entity handling the above payments in the online Store.
- The Customer has the right to access his/her data and correct them.
- Providing personal data is voluntary, however, failure to provide personal data indicated in the Terms and Conditions necessary to conclude a Sales Contract results in the impossibility of concluding such a contract.
§ 14 Final provisions
- Contracts concluded through the online Store are concluded in the language appropriate for the given language version chosen by the Customer.
- The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e. changes in the law, changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall notify the Customer of any change at least 7 days in advance.