Store Regulations

TERMS AND CONDITIONS

1. These Terms and Conditions define the general terms, rules, and methods of sale through the online store at www.mrotex.com, operated by Dariusz Mroczek under the company MROTEX P.P.H. Dariusz Mroczek, located at ul. Jana Głogowczyka 22, 51-604 Wrocław, registered in the Central Register and Information on Economic Activity of the Republic of Poland, with NIP number 8981012626. They also specify the terms and conditions for providing free electronic services by the online store.
2. The regulations are made continuously available on the store's website at: https://www.www.mrotex.com/shop/content/3-regulamin-sklepu in a manner that allows Users to obtain, reproduce, and preserve its content.

DEFINITIONS

Terms used in the Regulations mean:

1. Working days - days of the week from Monday to Friday, excluding public holidays.
2. Delivery – a factual action of delivering the Goods specified in the order to the Customer by the Seller, through the Supplier.
3. Supplier – an entity with whom the Seller cooperates in terms of delivering Goods,
   • DPD Polska sp. z o.o., 02-274 Warsaw, ul. Mineralna 5 A company registered in the register of entrepreneurs at the District Court for the Capital City of Warsaw, XIV Economic Department of the National Court Register, KRS No. 0000028368, NIP: 5260204110 providing professional courier services.
   • FedEx Express Poland sp. z o.o. Registered address ul. Annopol 19 03-236 Warsaw. Registered in the register of entrepreneurs of the National Court Register (KRS) kept by the District Court for the Capital City of Warsaw, XIII Commercial Division of the KRS, under no. KRS: 0000357766; Tax Identification Number (NIP): 6342750606, providing professional courier services.
4. Password - a string of alphabetic, numeric, or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Client – an entity for which services can be provided electronically in accordance with the Regulations and legal provisions, or with which a Sales Agreement can be concluded.
6. Consumer – a natural person concluding a legal transaction with an entrepreneur that is not directly related to their economic or professional activity.
7. Customer Account – an individual panel for each Customer, launched for their benefit by the Seller, after the Customer has completed Registration and concluded a customer account management service agreement.
8. Login – a customer's unique identifier, established by them, consisting of a sequence of letters, numbers, or other characters, required along with a Password to create a Customer Account in the Online Store.
9. Electronic Payments Operator – a payment institution acting as an intermediary between the Client and the Seller for making payments, that is:
   • PayU S.A. company, with its registered office in Poznań, at ul. Grunwaldzka 182, entered into the register of entrepreneurs kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under number KRS 0000274399,
   • PayPal (Europe) S.à r.l. & Cie, S.C.A. located at L-1150 Luxembourg,
10. Entrepreneur – a natural person, legal person, or organizational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in their own name and performing legal acts directly related to their business or professional activity.
11. Personal Pickup Point – a location indicated by the Seller where the customer can personally pick up the purchased Goods, located at the address: MROTEX P.P.H. Dariusz Mroczek, 68 Robotnicza Street, 53-608 Wrocław.
12. Terms and Conditions - the content of the provisions of these terms and conditions.
13. Registration – a factual act performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
14. Seller – Dariusz Mroczek operating under the company MROTEX P.P.H. Dariusz Mroczek at ul. Jana Głogowczyka 22, 51-604 Wrocław, registered in the Central Register and Information on Business Activity of the Republic of Poland, holding NIP number 8981012626, REGON 930446842.
15. Online Store Website – websites under which the Seller operates the Online Store, operating under the domain www.www.mrotex.com/shop/.
16. Goods – a product presented by the Seller via the Store's Website, which may be the subject of a sales contract.
17. Durable medium – a material or tool enabling the Customer or Seller to store information personally addressed to them, in a way that allows future access to the information for a period appropriate to the purposes for which this information serves, and which allows for the reproduction of the stored information in its unchanged form.
18. Sale agreement – a distance sale agreement concluded on the terms specified in the Regulations, between the Customer and the Seller.
19. User – an internet user who uses the Store, purchases or intends to purchase goods or services presented by the Seller through the Store.

Terms of Use of the Store WWW.MROTEX.COM/SHOP/

1. An individual user can use the Store provided they have full legal capacity.
2. A non-natural person may use the Store through persons authorized to act on its behalf.
3. The store serves the B2B segment, and its users and customers can only be entrepreneurs. Consumers cannot be users or customers.
4. The Seller shall endeavor to make the Online Store available to Internet users using all popular web browsers, operating systems, device types, and internet connection types. The minimum technical requirements for using the Store's Website are a web browser at least version Internet Explorer 11 or Chrome 39 or Firefox 34 or Opera 26 or Safari 5 or newer, with Javascript enabled, accepting „cookies” files, and an internet connection with a bandwidth of at least 256 kbit/s.
5. The Seller uses a „cookies” mechanism, which, when Customers use the Store's Website, are saved by the Seller's server on the hard drive of the Customer's end device. The use of „cookies” is intended to ensure the proper functioning of the Store's Website on the Customers„ end devices. This mechanism does not damage the Customer's end device and does not cause configuration changes in the Customers” end devices or in the software installed on these devices. Each Customer can disable the „cookies” mechanism in the web browser of their end device. The Seller indicates, however, that disabling „cookies” may cause difficulties or prevent the use of the Store's Website. The "cookies" mechanism does not collect, process, or download any personal user data in any way [*read more].
6. It is forbidden for the Customer to provide illegal content and for the Customer to use the Online Store, the Store Website, or free services provided by the Seller, in a manner contrary to the law, good customs, or infringing on the personal rights of third parties.
7. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized access to and modification of Customer data by unauthorized persons. Therefore, Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use antivirus programs and software that protects the identity of Internet users.
8. The seller will never ask the customer to share their password in any form.

STORE REGISTRATION

9. To create a Customer Account, the Customer is required to complete a free Registration.
10. Registration is not required to place an order in the Online Store.
11. For Registration, the Customer should fill out the registration form provided by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function located in the registration form. During Registration, the Customer sets an individual Password.
12. When filling out the registration form, the Client has the opportunity to read the Terms and Conditions, accepting their content by checking the appropriate box in the form.
13. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box on the registration form. In such a case, the Seller will clearly inform about the purpose of collecting the Customer's personal data, as well as about the recipients of this data known to or foreseen by the Seller. Giving consent means, in particular, consent to receive commercial information from the Seller to the Customer's e-mail address provided in the registration form [*read more].
14. The Customer's consent to the processing of their personal data for marketing purposes is not required for the conclusion of a Sales Agreement with the Seller or an electronic service agreement for maintaining the Customer Account. Consent may be withdrawn at any time by submitting an appropriate statement from the Customer to the Seller on a durable medium. The statement may be sent, for example, to the Seller's address via electronic mail.
15. Upon submitting the completed registration form, the Customer shall immediately receive an electronic confirmation of Registration from the Seller via email to the address provided in the registration form. At that moment, an agreement for the provision of Customer Account management services electronically is concluded, and the Customer gains access to the Customer Account and the ability to change the data provided during Registration, with the exception of the Login.
16. The user is obligated not to disclose their login and password for accessing the Store to third parties.

ORDER FULFILLMENT RULES

17. The seller conducts retail sales electronically via the Internet. Orders are accepted exclusively through websites available at the domain www.www.mrotex.com/shop/.
18. The Seller's current contact information can be found on the Store's information page. https://www.www.mrotex.com/shop/pl/content/4-o-nas or by selecting the [CONTACT] option in the menu.
19. The Customer may place orders in the Online Store via the Store's Website 7 days a week, 24 hours a day.
20. Users have the option to:
    • Using the Store, including entering into Agreements, without the need for registration, or
    • register with the Store using the User's access data.
21. All prices listed on the Store's Websites are net prices (they do not include VAT). A receipt or VAT invoice will be issued for each product sold. The VAT invoice may be delivered electronically to the Customer's email address, unless the Customer expressly states that the VAT invoice should be delivered in traditional form.
22. The Customer placing an order through the Store's Website completes the order by selecting the Goods they are interested in. Adding Goods to the order is done by selecting the „ADD TO CART” command under the given Goods presented on the Store's Website. After completing the entire order and indicating the Delivery method and payment form in the „CART”, the Customer places the order by sending the order form to the Seller, by selecting the „ORDER AND PAY” button on the Store's Website.
23. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs they are obliged to incur in connection with the Sales Agreement.
24. Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods covered by the order.
25. After placing an order, the Seller sends information about the order acceptance for processing to the email address provided by the Customer. The information about the order acceptance for processing is the Seller's declaration of acceptance of the offer mentioned above, and upon receipt by the Customer, the sales agreement is concluded.
26. After the Sales Agreement has been concluded, the Seller confirms its terms to the Customer by sending them on a durable medium to the Customer's email address or in writing to the address indicated by the Customer during Registration or placing an order.

PAYMENT FORMS

27. The following payment methods are possible:
    • Bank Transfer – after placing an order, the Customer receives a bank account number via email to which the correct amount should be transferred. Once the payment is credited to the Seller's bank account, the order will be processed.
    • Online transfer – an electronic payment method supported by the Electronic Payments Operator.
    • Payment card (Visa, Mastercard) - each card payment transaction is securely authorized by the Electronic Payment Operator. Once payment is confirmed, the order is sent for processing.
    • Upon pickup – cash payment to the Supplier upon product pickup (cash on delivery) or at the pickup point's cash desk. In selected cases, the Seller reserves the right to limit this payment method.
    The Client is obliged to pay the price for the ordered Goods, including delivery costs, no later than 14 days from the date of concluding the agreement. Additional costs related to individual payment methods are specified each time in the order summary. In the case of certain types of assortment, the Seller reserves the right to limit the payment method by not making certain payment and delivery options available. Information about the limitation is provided each time in the description of the Goods.

SHIPPING METHODS

28. The ordered product is delivered with the assistance of Suppliers, who are specialized postal operators or courier companies.
29. The place of performance of the service related to the purchase of products at www.www.mrotex.com/shop/ is the delivery address indicated by the Client.
30. The Seller posts on the Store's Website information about the number of Business Days required for Delivery and order fulfillment.
31. The delivery and order fulfillment period indicated on the Store's Website is calculated in Business Days from the moment of payment, in case the Customer chooses the prepayment option. The maximum order fulfillment time within Poland is 5 business days.
32. On the day the Goods are sent to the Customer, information confirming the shipment by the Seller is sent to the Customer's email address.
33. The shipment must be collected within 14 days of receiving notification that the product is ready for pickup.
34. In the event of the Customer's absence at the address provided by them as the Delivery address when placing the order, the Supplier's employee will leave a notice or attempt to contact the Customer by phone to arrange a time when the Customer will be present. If the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Customer electronically or by phone to reconfirm the Delivery date and cost with the Customer.
35. The client should examine the delivered shipment in time and in the manner customary for shipments of this type in the presence of the Carrier's employee.
36. In case of discovering a shortage or damage to the shipment, the Client also has the right to demand that the Delivery person draw up an appropriate report.

CLAIMS

37. All products available at www.www.mrotex.com/shop/ are brand new, free from physical and legal defects, and have been legally introduced to the Polish market.
38. The seller is liable to the Customer under warranty if the Goods have a physical or legal defect.
39. If the goods have a defect, the Customer may, under warranty:
40. make a declaration to reduce the price or withdraw from the Sales Agreement, unless the Seller promptly and without undue inconvenience to the Customer replaces the defective Goods with ones free from defects or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the seller, or if the seller has not fulfilled the obligation to replace the Goods with ones free from defects or remove the defects. Instead of the defect removal proposed by the Seller, the Customer may demand the replacement of the Goods with ones free from defects, or instead of replacing the Goods, demand the removal of the defect, unless bringing the thing into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the manner proposed by the Seller. When assessing the excessiveness of costs, the value of Goods free from defects, the type and significance of the discovered defect, as well as the inconvenience that the Customer would be exposed to by another method of satisfaction, shall be taken into account.
41. demand the exchange of defective Goods for defect-free ones or the removal of the defect. The Seller is obliged to exchange defective Goods for defect-free ones or remove the defect within a reasonable time without causing undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer's claim if the defect in the manner chosen by the Customer is impossible or would require excessive costs compared to another possible way of bringing the Goods into conformity with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
42. The customer exercising rights under the warranty is obliged to deliver the defective item to the Seller's address. The delivery costs are covered by the Seller.
43. The seller is liable under warranty if a physical defect is found within two years of delivery of the Goods to the Customer. The claim for defect removal or replacement of the Goods with a defect-free one expires after one year, but this period cannot end before the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or declare a price reduction due to the defect of the Goods. If the Customer requested a replacement of the Goods with a defect-free one or defect removal, the period for withdrawal from the Sales Agreement or declaration of a price reduction begins upon the ineffective expiry of the period for replacement of the Goods or defect removal.
44. Any complaints related to the Goods or the performance of the Sales Agreement may be directed by the Customer via email to: office@mrotex.com or in writing to MROTEX P.P.H., ul. Robotnicza 68, 53-608 Wrocław.
45. For the purpose of processing a product complaint, the Customer should send or deliver the complained-of Product to the Seller at the following address: MROTEX P.P.H., ul. Robotnicza 68, 53-608 Wrocław.
46. The Seller shall respond to the Customer's complaint regarding the Goods or the performance of the Sales Agreement within 14 days of the date of the request containing the complaint.

PERSONAL DATA PROTECTION

47. The data controller for Customer personal data transferred to the Seller voluntarily during Registration, placing a one-time order, and in connection with the Seller's provision of electronic services or in other circumstances specified in the Regulations is the Seller.
48. Types of personal data processed: personal data enabling identification, contact, and invoicing.
49. The user has the right:
    • request access to and rectification, erasure, restriction of processing, objection to processing, and data portability from the Administrator;
    • to withdraw consent at any time without affecting the lawfulness of processing based on consent before withdrawal;
    • for filing a complaint with the supervisory authority, General Inspector for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw https://www.giodo.gov.pl/pl;
    • Providing personal data is a contractual condition. Providing data is voluntary, although refusal to provide it is equivalent to the impossibility of considering the offer of services through the form.
50. Exercising the right to data correction, deletion, restriction of processing, rectification, as well as withdrawal of consent to receive commercial information is done by sending such a request to the Administrator to the e-mail address or the address indicated in point 1. Privacy Policy

FREE SERVICES PROVIDED ELECTRONICALLY

51. The Seller provides Customers with free electronic services:
    • Contact form,
    • Newsletter,
    • Managing Customer Accounts,
    • Second-hand Equipment Exchange.
52. The services indicated above are provided 7 days a week, 24 hours a day.
53. The Seller reserves the right to choose and change the type, format, timing, and method of granting access to the selected services, of which Customers will be informed appropriately for changes to the Regulations.
54. The Contact Form service consists of sending a message to the Seller using a form placed on the Store's Website.
55. You can cancel the free service at any time by simply stopping sending inquiries to the Seller.
56. Any Customer can use the Newsletter service by entering their email address using the registration form provided by the Seller on the Store's Website. After submitting the completed registration form, the Customer will immediately receive a confirmation from the Seller via electronic mail to the email address provided in the registration form. At this point, an agreement for the electronic provision of the Newsletter service is concluded. The Customer may additionally tick the appropriate box in the registration form during Registration to subscribe to the Newsletter.
57. The Newsletter service consists of the Seller sending electronic messages to the e-mail address containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who have subscribed.
58. Each newsletter sent to customer data includes, in particular: sender information, a filled-in „subject” field specifying the content of the shipment, and information about the possibility and method of unsubscribing from the free newsletter service.
59. The Client may unsubscribe from the Newsletter at any time by clicking the unsubscribe link in every electronic message sent as part of the Newsletter service or by activating the appropriate field in the Client Account.
60. The Customer Account Management service is available after Registration according to the rules described in the Terms and Conditions and consists of providing the Customer with a dedicated panel on the Store's Website, allowing the Customer to modify the data provided during Registration, as well as track the status of order fulfillment and the history of already fulfilled orders.
61. A Client who has registered may request the deletion of their Seller Client Account. If the Seller initiates the request to delete the Client Account, it may be deleted up to 14 days after the request is made.
62. The Seller is entitled to block access to the Customer Account and free services in the event of the Customer acting to the detriment of the Seller or other Customers, the Customer's violation of legal regulations or the provisions of the Terms and Conditions, as well as when blocking access to the Customer Account and free services is justified for security reasons – in particular, the Customer's breach of the Store's Website security or other hacking activities.
63. Blocking access to the Customer Account and free services for the reasons mentioned lasts for the period necessary to resolve the issue that constitutes the basis for blocking access to the Customer Account and free services.
64. The Seller shall notify the Customer electronically to the address provided by the Customer in the registration form about the blocking of access to the Customer Account and free services.
65. The Used Equipment Exchange service consists of Users posting free advertisements on the Online Store website at https://www.www.mrotex.com/shop/pl/6-gielda-sprzetu-uzywanego.
66. The advertisement comes from the User, who determines its content independently. The content of the advertisement must be consistent with the facts.
67. The posting of an Advertisement should reflect the genuine intent to complete the transaction that the advertisement concerns.
68. The user is responsible for the published content (including photos) and guarantees that it is consistent with the factual state and the law, and that its publication does not infringe upon the rights of the Online Store, the Terms and Conditions, or the rights of third parties, including copyrights.
69. The content of the Advertisement should clearly refer to the Goods, describe them accurately, reliably, and completely, and must not mislead other Users, particularly as to the properties of the goods, such as their quality, parameters, condition, origin, brand, or manufacturer.
70. The Online Store places an advertisement on its website after prior moderation. The Online Store has the right to refuse the publication of an advertisement if it violates the provisions of the Regulations or legal provisions in any way, in particular if it contains content:
    • widely considered offensive,
    • bearing the hallmarks of unfair competition,
    • violating good morals, copyrights, or other intellectual property rights,
    • damaging the good name or reputation of the Online Store or its partners,
    • misleading other Users.
71. The user undertakes not to post advertisements with goods whose trade violates applicable legal regulations or third-party rights.
72. The Online Store is not responsible for the improper performance or non-performance of agreements related to the advertisement by the parties.
73. The Online Store is not responsible for the quality or legality of the goods offered, the truthfulness and reliability of the information provided by Users, as well as the ability of sellers and buyers to complete transactions.

INTELLECTUAL PROPERTY AND RIGHTS PROTECTION

74. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Store's Website, as well as to the templates, forms, and logos published on the Store's Website (except for logos and photos presented on the Store's Website for product display purposes, for which copyrights belong to third parties), belong to the Seller, and their use may only occur in a manner specified and in accordance with these Regulations and the Seller's written consent.
75. It is not permissible to use the resources and functions of the Online Store to conduct business by the Customer that would infringe on the Seller's interests.
76. If the Customer or any other person or entity believes that content published on the Store's Website infringes upon their rights, personal interests, good practices, feelings, morals, beliefs, principles of fair competition, know-how, or legally protected secrets or those based on an obligation, they may notify the Seller of the potential infringement.
77. The Seller, upon being notified of a potential infringement, shall promptly take action to remove from the Store Website any content that causes the infringement.

FINAL PROVISIONS

78. In all matters not regulated by these Regulations, the provisions of universally applicable Polish law shall apply, in particular the provisions of the Civil Code, the Personal Data Protection Act, and the Act on the Provision of Electronic Services.
79. Any disputes between the parties shall be resolved by the competent common court.
80. In the event of a dispute, the parties shall endeavor to resolve the matter amicably.
81. The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller for processing before the effective date of the new Terms and Conditions will be processed based on the Terms and Conditions that were in effect on the date the Customer placed the order. Changes to the Terms and Conditions will come into effect within 7 days of their publication on the Store's Website. The Seller will inform the Customer 7 days before the new Terms and Conditions come into effect about the change in the Terms and Conditions via an electronic message containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact, which will result in the termination of the electronic service agreement for maintaining the Customer Account.
82. The regulations come into force on July 15, 2020.