§1 Definitions:
The terms used in the Regulations mean:
1. Customer – a natural person with full legal capacity, as well as a legal person or an organizational unit without legal personality, if it has legal capacity under separate provisions;
2. Consumer – a natural person with full legal capacity, placing an order in the store that is not directly related to his or her business or professional activity.
3. Regulations – these regulations for the provision of electronic services within the online store mag-complex.pl
4. Shop– website available at mag-complex.pl through which the Customer may, in particular, place Orders
5. Product – products presented in the Online Store;
6. Sales contract– Product sales contract within the meaning of the Civil Code, concluded between MAG-COMPLEX Radosław Jachimowski and the Customer, concluded using the Store's website
7. Order – the Customer's declaration of will, aimed directly at concluding a sales contract, specifying in particular the type and number of Products.
§2. General provisions
1. The Regulations contain the rules of operation of the Online Store operating at mag-complex.pl, including the rules for placing orders by Customers.
2. The online store, operating at mag-complex.pl, is run by MAG-COMPLEX Radosław Jachimowski, ul. Mickiewicza 14a/1, 83-130 Pelplin, NIP: 9580454017, REGON: 220880798.
3. The Seller provides these Regulations in PDF format enabling it to be saved on a durable medium on the Customer's device (download PDF).
4. The provisions of the regulations cover all legal relations arising from sales contracts between MAG-COMPLEX Radosław Jachimowski, hereinafter referred to as the Seller, and the entity purchasing products from it, hereinafter referred to as the Customer, carried out on the basis of mail order sales (via the online store).
5. Contractual relations in the above-mentioned scope are based on these terms and conditions, unless the sales or delivery contract provides otherwise.
6. Any changes and additions to these Terms and Conditions must be made in writing to be null and void. The invalidity of one provision of these Terms and Conditions shall not invalidate the remaining provisions. Any disputes between the parties that may arise from contracts concluded on the basis of these General Terms and Conditions of Sale will be resolved by the court having jurisdiction over the Seller's registered office.
7. Correspondence address: Mag-Complex Radosław Jachimowski ul. Mickiewicza 14a/1, 83-130 Pelplin tel.: +48 533 451 444 e-mail: sklep@mag-complex.pl
§3. Rules for using the Online Store
1. The condition for starting to use the Online Store is to register within it.
2. Registration takes place by completing and accepting the registration form available on one of the Store's websites.
3. The condition for registration is to agree to the content of the Regulations and to provide personal data marked as mandatory.
4. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the level of risk to the security of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data sent on the Internet. .
5. The customer is obliged in particular to:
a) not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
b) use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
c) not to take actions such as: sending or posting unsolicited commercial information in the Online Store (spam),
d) use the Online Store in a way that is not inconvenient for other customers and for MAG-COMPLEX Radosław Jachimowski,
e) use all content posted in the Online Store only for your own personal use,
f) use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.
§4. Price offer
1. The price offer including promotions applies only to mail order sales carried out on the basis of these General Terms and Conditions of mail order sales MAG-COMPLEX Radosław Jachimowski
2. All prices given in the offer are in Polish zlotys and are presented net (excluding VAT) and gross (including VAT 23%). The price does not include the costs of delivering the Product to the Place of Delivery.
3. The Seller reserves the right to adjust the price applicable at the time of delivery of the ordered goods in the event of changes in customs and tax rates, currency exchange rate fluctuations, sudden increases in fuel and raw material prices, after prior notification of changes to the order fulfillment conditions to the Buyer.
4. The Seller reserves the right to change the price if the Buyer changes the terms of the order after accepting the obligation (e.g. delivery date, place of delivery, equipment, etc.).
§5. Order
1. The Customer can place an order in the Store using one of the following options:
a) Via the Store's website: www.mag-complex.pl
b) By sending the order via e-mail to the Seller's e-mail address: sekretariat@mag-complex.pl
c) By phone at: 58 535 16 96, 533 451 444, 505 551 404
2. Placing an order via the store's website is possible after:
a) selecting the ordered Products (adding Products to the "basket");
b) completing the registration form (registration)
c) reading and accepting the Regulations.
3. An order placed by e-mail or telephone should contain the following data: Customer's name and surname, place of residence, place of delivery, Product name, Product number, quantity, Product price, form of payment, Tax Identification Number (in the case of companies). In the case of business entities, also the company name and address details.
4. The order completion date is specified in the product description. If the Seller changes the order completion date compared to that given in the offer, the Seller will notify the Buyer of the exact completion date in the order confirmation. If the Buyer does not cancel the order in writing within 10 business days from the moment of sending the order confirmation, it is assumed that the order is being processed.
5. The Seller reserves the right to refuse to process an order in the event of exhaustion of stocks or unforeseen changes in the offer. The Seller will notify the Buyer of this fact within 10 business days of placing the order. If there are objective obstacles preventing the execution of the order due to force majeure, the Seller reserves the right to complete the order at a later date agreed by the parties or to withdraw from the contract without claims from the Buyer.
6. The product is deemed to have been delivered to the Buyer upon transfer of the right to dispose of the goods as the owner. The Buyer or the entity indicated by him in the order is obliged to confirm receipt of the ordered goods with a legible signature and, if the Customer is a legal person, additionally with a company stamp.
§6. Payment methods
1. The customer can choose the payment method from among the following:
a) by transfer – after receiving a proforma invoice (prepayment)
b) on delivery (cash on delivery)
c) by credit card or e-transfer
d) Blik and quick PayU transfer
§7. Delivery of goods - delivery costs
1. The ordered products are delivered to the delivery address indicated by the Customer, which is a postal address in Poland.
2. Unloading the product from the vehicle and other related activities (e.g. bringing it into the building, removing packaging, etc.) are the responsibility of the Customer.
3. The Buyer is obliged to quantitatively and qualitatively check the delivered goods at the time of delivery and in the presence of the Carrier. If quantity shortages or transport damage are found, the Buyer is obliged to prepare a discrepancy report in the presence of the Carrier and immediately notify the Seller. A protocol drawn up immediately upon delivery is a guarantee of trouble-free redress. Even the slightest damage to the outer packaging should be noted on the report. In the absence of appropriate annotation, the risk of revealing quantity deficiencies or damage is transferred to the Buyer. Any damage that cannot be detected upon receipt should be reported to the Seller in writing no later than 2 business days after delivery of the goods.
4. The goods may be collected by the Buyer or a representative of the Buyer authorized in writing. It is the responsibility of the receiving person to legibly sign the delivery document upon receipt of the goods. Such a document is interchangeably: the WZ delivery document, the delivery and acceptance protocol, the specification or the consignment note. The submitted signature should be dated, with the Buyer's name stamp and the company stamp of the Buyer. If there is no stamp, the signature in the form of the name and surname of the person receiving the goods must be legible. The person issuing the goods has the right to ask the person receiving the order to show a document confirming his/her identity in order to verify the data.
5. The delivery cost is given on the Store's website and is each time calculated when the Customer selects Products and adds them to the Cart.
6. The Seller reserves the right to change delivery costs for products included in periodic promotions. The Seller is obliged to inform the Customer about this in the promotion conditions.
§8. Sales invoicing
1. Sales invoicing will be carried out in accordance with applicable regulations. The invoice is attached to the goods or sent by post to the address indicated by the Customer.
2. The Seller reserves the right to collect prepayment. The receipt of the prepayment to the Seller's account triggers an order for the production of special, non-catalog items.
3. If the Customer resigns from ordering special, non-catalogue items, the Customer covers the administrative and warehouse costs incurred by the Seller in the amount of up to PLN 30% of the order value.
§9. Return/exchange of goods
1. A customer who is not a consumer may return/exchange the delivered goods only with the consent of the Seller within 10 business days from the receipt of the goods, provided that:
- the product has not been used and shows no signs of use,
- the product is fully valuable, undamaged,
- the product is not a special, non-catalogue version.
In the event of a return/exchange of goods, the Seller reserves the right to deduct up to 30% the gross value of the subject of the order. The delivery costs of the returned/exchanged goods are borne by the Buyer.
In case of cancellation of the order for reasons beyond the Seller's control, the Buyer will be charged with a contractual penalty in the amount of PLN 30% of the gross value of the subject of the order. If the product has been sent to the Buyer, the Seller reserves the right to deduct delivery costs.
2. The Customer who is a Consumer in accordance with the Act of May 30, 2014 on Consumer Rights may withdraw from the Sales Agreement within 14 days without giving a reason and without incurring costs, except for the costs specified in Art. 33, art. 34 of the Consumer Rights Act. The right to withdraw from the contract is subject to Art. 38 of the Consumer Rights Act.
3. To meet the deadline for the consumer to withdraw from the Sales Agreement, it is sufficient to send a statement before the deadline. (soon to download)
4. In the event of withdrawal from the contract by the Consumer, on the basis indicated in section 2, both the Seller and the Customer who is a Consumer are obliged to return everything they received from the other party under the concluded contract.
The returned product should be sent to the following address: MAG-COMPLEX ul. Mickiewicza 14a/1, 83-130 Pelplin
§10. Complaints about product defects
1. The SELLER complies with the obligation to deliver Products without defects.
2. The SELLER may provide the Customer with a written warranty. If the offer does not extend the warranty period for selected products, it is assumed that the warranty was granted for a period of 12 months.
The warranty begins upon delivery of the goods and covers only manufacturing defects in the goods sold.
The warranty is valid in Poland.
The Seller undertakes to remove the physical defect or deliver defect-free goods, provided that the Customer notified the Seller in writing, within the warranty period, about the defect being discovered. The choice of how to remove the defect rests with the Guarantor. The damaged goods are delivered for repair in accordance with the provisions in the warranty document or in a manner agreed with the Seller.
The goods will be repaired or replaced with defect-free ones as soon as possible. The warranty period is extended by the time the goods are undergoing repair and is counted from the date of reporting the complaint to the date the goods are put into use by the Customer, excluding public holidays.
3. If a warranty for goods and services is granted to a Customer who is not a Consumer, the Seller's liability under the warranty for physical defects of the goods and services is excluded.
4. If the product has a defect, the customer has the right to submit a complaint under the provisions of the Act of April 23, 1964, Civil Code (uniform text, Journal of Laws 2014, item 121, as amended), Art. 556 – 576 Warranty for defects.
5. The customer has the right to file a complaint under the warranty if the goods are defective. There are two types of defects: physical and legal. A physical defect is the non-compliance of the product with the contract. This occurs in particular when the item does not have the properties that a product of this type should have, does not have the properties about which the Consumer was assured by the seller or advertising, is not suitable for the purpose about which the buyer informed the seller, was delivered to the buyer in incomplete condition. In turn, a legal defect may consist in the fact that the goods purchased by the Consumer are the property of a third party, are encumbered with the rights of a third party, or are characterized by restrictions on their use or disposal as a result of a decision or judgment of a competent authority.
6. In the event of a defect, the Customer may submit a warranty complaint to the seller and request one of four actions:
a) replacing the goods with new ones;
b) repair of goods;
c) price reduction;
d) withdrawal from the contract - if the defect is significant.
If the Customer is a consumer, he may, instead of removing the defect proposed by the Seller, demand replacement of the item with a defect-free one or instead of replacing the item, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Customer who is a Consumer is impossible or would require excessive costs compared to with the method proposed by the Seller. The choice of request is up to the Customer, however, a request for a price reduction or withdrawal from the contract cannot be made if the Seller immediately and without excessive inconvenience to the Buyer removes the defect or replaces the defective item with a defect-free one. The Seller may, under certain conditions, propose a solution other than that requested by the customer, but this may take into account the following circumstances:
a) ease and speed of replacing or repairing the goods;
b) the nature of the defect – significant or immaterial;
c) whether the goods have been advertised before.
7. If the Customer requests that the item be replaced or repaired, the Seller may refuse to meet this request provided that the option indicated by the Customer:
a) would be impossible for the Seller or
(b) would require excessive costs compared to the second possible request.
8. The Seller may propose another solution. Notwithstanding the above, in this situation the Consumer may change his choice and demand that the goods be brought into compliance with the contract in another way, i.e. a price reduction or withdrawal from the contract.
9. The Seller must replace the goods or remove the defect within a reasonable time, which is no longer than 14 calendar days. If the Seller does not meet this deadline, the CUSTOMER may give him a time limit to fulfill the request. In the event of further inaction by the SELLER and the expiry of the specified period, the Consumer is entitled to withdraw from the contract or request a price reduction.
10. The Seller is liable to the Customer for the sold goods under warranty if a defect is found within 2 years from the date of its delivery. The customer should demonstrate that the defect in the goods existed at the time of purchase.
11. A complaint can be submitted in any form. For evidentiary purposes, it is safest to do it in writing. You should describe the noticed defect and specify your warranty claims. The customer may submit the complaint letter to the Seller directly (with confirmation on a separate copy) or send it by registered mail with return receipt requested or to the e-mail address sklep@mag-complex.pl
12. If the request submitted by the Customer who is a Consumer when making a complaint concerns: a) repair of the goods, b) replacement of the goods with a new one, c) reduction of the price of the goods, the Seller is obliged to consider the complaint within 14 calendar days from the date of its submission. If this deadline is not met, the complaint is considered justified.
13. Complaints should be sent back along with information about the reason for the complaint to the following address: MAG-COMPLEX ul. Mickiewicza 14a/1, 83-130 Pelplin with a note "MAG-COMPLEX COMPLAINT".
14. The costs incurred by the Consumer related to returning the complained product will be reimbursed by the Seller.
§11 Complaints regarding the provision of electronic services
1. MAG-COMPLEX Radosław Jachimowski takes steps to ensure the fully correct operation of the Store, to the extent resulting from current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.
2. The Customer is obliged to immediately notify MAG-COMPLEX Radosław Jachimowski of any irregularities or interruptions in the operation of the Online Store website.
3. Irregularities related to the operation of the Store may be reported by the Customer by e-mail to sklep@mag-complex.pl or using the contact form.
4. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of occurrence of the irregularity related to the operation of the Store.
5. MAG-COMPLEX Radosław Jachimowski undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered.
§12. Personal data protection
1. The administrator of personal data is the Seller.
2. By registering, the Customer consents to the collection and processing by the Seller of personal data provided in the form, within the meaning of the Act of August 29, 1997 on the protection of personal data (Journal of Laws of 2002, No. 101, item 926, as amended). .) in order to perform the contract. For this purpose, personal data may be made available to entities through which the Seller processes the Order.
3. Providing the following personal data by the Customer: name, surname, e-mail, street, building and premises number, postal code, city, country, telephone number is necessary to complete the Order. In the case of business entities, company name, address and Tax Identification Number.
4. By registering or subscribing to the newsletter, the Customer may consent to the processing of personal data provided in the form for the purposes of advertising, market research, research on the Customer's behavior and preferences, with the purpose of using the results of these studies to improve the quality of services provided by the Seller.
5. After shipping the purchased goods, the Store, as part of the contract with the Buyer, is obliged to send the Buyer an e-mail invitation to complete a survey in order to examine his opinion about the transaction. The buyer is entitled, but not obliged, to complete it.
6. The customer has the right to view the content of the provided personal data and correct it, as well as request the deletion of the data.
