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Terms and Conditions
REGULATIONS
- Following regulations defines the general terms, rules and sale terms of the Online Store www.mrotex.com/shop/, led by Dariusz Mroczek under the MROTEX P.P.H. Dariusz Mroczek company, based on Jana Głogowczyka 22, 51-604 Wrocław, listed in the National Court Register, registered as a VAT payer with a tax identification number NIP 8981012626. The regulations also defines rules and conditions of the free of charge services, provided by the following Online Store.
- Terms and Conditions are continuously available on the website: https://www.mrotex.com/shop/en/content/3-terms-and-conditions-of-use, to provide seamless access to the Users, so they can re-read or download it at any time.
TERMS
Terms used in following Regulations:
- Working days- days of the week from Monday to Friday, excluding public holidays.
- Delivery – factual act of delivering the Products to the Customer by the Supplier.
- Courier – subject thath the Supplier cooperates with, to Deliver the Products:
- UPS Poland Ltd. based in Warsaw (01-222), Prądzyńskiego 1/3, NIP: 5221004200, registered by District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register, with number KRS 0000036680, providing professional courier services.
- DHL Express (Poland) Ltd., DHL Express (Poland) Sp. z o.o., Wirażowa 37, 02-158 Warsaw, NIP: 5270022391 registered by District Court for the capital city of Warsaw in Warsaw, Commercial Division of the National Court Register, with number KRS 000047237, providing professional courier services.
- Password - Sequence of letters, numbers, digital or other type of characters, chosen by the Customer while creating an Account, to protect the Customer Account in Online Store.
- Customer – the subject for whom electronical services may be provided or with whom a Sales Agreement may be concluded.
- Consumer – natural person performing a legal transaction, not related directly to its business or professional activity.
- Customer Account – every Customer’s individual panel, launched for him by the Supplier after Registering on Online Store and concluding a service agreement for running the Customer Account.
- Login – individual designation of a Customer, choosen by himself. It consist of letters, numbers or digital characters, and it is required while creating a Customer Account in Online Store.
- Electronic Payment Operator – payment institution that mediate between a Customer and a Supplier in payment process: PayU S.A. based in Poznań, ul. Grunwaldzka 182 registered by District Court for the capital city of Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register, with KRS number 0000274399, PayPal (Europe) S.à r.l. & Cie, S.C.A basen in L-1150 Luksemburg,
- Entreprenuer – natural person, legal person or an organization unit that is not a legal person, for whom the law grants legal capacity, who conducts business or professional activity on its own behalf and who is performing a legal act related directly to its business or professional activity.
- Pick-up Point – place indicated by the Supplier, where the Customer can pick his order up in person, placed on: MROTEX P.P.H. Dariusz Mroczek, Robotnicza 68, 53-608 Wrocław.
- Regulations – statements of the following Terms and Conditions.
- Registration – factual act, made in the manner specified in the Regulations, required to enable the Customer to use all of the functions in Online Store.
- Supplier – Dariusz Mroczek under the MROTEX P.P.H. Dariusz Mroczek company, based on Jana Głogowczyka 22, 51-604 Wrocław, listed in the National Court Register, registered as a
- payer with a tax identification number NIP 8981012626.
- Store Websites – websites where the Supplier runs the Online Store, operating in www.mrotex.com/shop/ domain.
- Product – comodity presented by the Supplier on the Store Website, that may be a subject of the deal.
- Durable Medium – material or device that allows a Customer to store the information directed to him personally. The Customer have access to them for a period adequate for it’s purpose. The information are being stored in unchanged form.
- Sales Agreement – distance sale contract between the Customer and the Supplier, on the terms set out in the regulations.
- User – a person who is using the Internet and the Online Store, purchasing or intending to purchase Products or Services represented by the Supplier through the Online Store.
RULES FOR USING THE WWW.MROTEX.COM/SHOP/
- User that is a natural person can use the Online Store only when having full legal capacity.
- User that is not a natural person can use the Online Store through people authorized to act on its behalf.
- Online Store serves the B2B segment, and its Users and Customers can be Entrepreneurs only.
- Supplier will do its best to make sure that the Online Store runs with all kind of web browsers, operating systems, devices and all types of Internet connections. Minimum technical requirements for Online Store are Internet Explorer 11, Chrome 39, FireFox 34, Opera 26, Safari 5 or newer, with Javascript enabled, accepting ‘cookies’ data and Internet link minimum 256 kbit/s internet connection.
- Supplier uses the mechanism of ‘cookie’ files, that are being saved on Customer’s terminal devices hard drive, while using the Store Websites. ‘Cookies’ are responsible for the propper operation of the Store Websites on Customer’s terminal devices. That mechanism do not destroy terminal devices and do not make any configuration changes on their devices or software. Every Customer can turn off ‘cookies’ in his browser, however the Supplier warns that doing that may cause difficulties or even prevent the use of the Store Website. "Cookies" mechanism does not collect, process or download any type of Users personal data. [*read more]
- It is forbidden for the Customer to provide any illegal content and using the Online Store, Store Website, or the services free of charge provided by the Supplier, in an illegal way, against good manners and violating personal rights of third party.
- Supplier declare that public character of the Internet and using electronically supplied services may be associated with the risk of obtaining and modifying Customer’s data by unauthorized people, that is why the Customer should take appropriate technical measures thet minimalise the dangers listed above. Especially recommended is to use an anti-virus and identity protection programs.
- The Supplier will never ask the Customer to provide him with the Password in any form.
REGISTRATION
- To create a Customer Account, the Customer have to go through the free registration process.
- Registration is not necessary to place an order in Online Store.
- To Register, the Customer should fill in a form provided by the Supplier on a Store Website, and send it to the Supplier electronically, by choosing a propper function in registration form. During the Registration, the Customer sets an individual password.
- While filling a registration form in, the Customer have access to the Regulations, and can accept it by checking an appropriate box in a form.
- During the Registration process, the Customer may voluntarilly agree for processing his personal data for marketing purposes, by checking the propper box in a registration form. In that case, the Supplier clearly informs about the purpose of collecting Customer personal data, and also about the other (known or expected) data recipents. Autorisation is equivalent to consent to receive commercial information from the Supplier on his e-mail adress, given in a registration form. [*read more]
- Agreeing for processing personal data for marketing purposes is not required to conclude with the Supplier the Sales Agreement, or the agreement to run the Customer Account. This agreement can be revoke at any time, by submitting on a durable medium a relevant declaration to the Supplier. This declaration can be for example send to the Supplier via e-mail.
- After sending properly filled registration form, the Customer will immediately receive the confirmation of a registration from the Supplier. From that moment the agreement of electronically running the Customer’s Account is concluded, and the Customer is able to access and make changes on his Account (all data excluding the Login).
- The User is obligated not to share his Customer’s Account Login and Password with a third party.
ORDERS REALISATION
- The Supplier is retailing electronically via the Internet. Orders are accepted only by the websites in www.mrotex.com/shop/ domain.
- Current contact details are available to found at information page (https://www.mrotex.com/shop/pl/contact-us) or by clicking at CONTACT in options menu.
- The Customer may place his orders in the Online Store via the Store Website, 7 days a week, 24 hours a day.
- Users have two options to place an order: use the Online Store, including concluding contracts, without the need to register, or register in Online Store using the Users access data.
- All prices at the Store Websites are tax excluded (without the VAT). For all products that has been sold, the Supplier issue a check or invoice. Invoice is delivered electronically by e-mail, unless the Customer clearly inform that he require a traditional, paper invoice.
- The Customer who is placing the order by Store Website complets the order by choosing Products that he is interested in. To order he needs to choose "ADD TO CART" option under the specific Product presented on the Store Website. After completing the whole order, and choosing required type of Delivery and Payment in "SHOPPING CART", the Customer is placing an order by sending the order form to the Supplier, choosing the option "ORDER AND PAY".
- Before every delivery from the Supplier. The Customer receives an information about the total amount of the order, including the Products and the Delivery costs, as well as all of the additional costs the Customer is obligated to bear in conjuction with the Sales Agreement.
- Placing the order by the Customer is equivalent with making an offer to the Supplier, to conclude the Sales Agreement about the Products beeing the subject of the order.
- After placing the order, the Customer receives an e-mail from the Supplier, with an information about the order being accepted to process. This information is at the same time a declaration of acceptance of the offer mentioned above, and from this moment becomes a Sales Agreement.
- After concluding a Sales Agreement, the Supplier confirmes its conditions to the Customer, by sending them on a durable medium to the Customer's e-mail address, or in writing to the address provided by the Customer during Registration or while placing an order.
PAYMENT METHODS
- There are following payment methods available:
- Bank transfer – after placing an order, the Customer receives on his e-mail adress an IBAN number to transfer the proper amount. Processing the order starts when the payment is confirmed on the Suppliers bank account.
- Online transfer – electronical payment operated by the Electronic Payment Operator.
- Credit Card (Visa, Mastercard) – every transaction is safely authorized by the Electronic Payment Operator. Upon confirmation of payment, the order is transferred to processing.
- Cash on delivery – paying with cash while receiving the parcel from the Customer, or in office at the Pick-up point. In special situations the Supplier reserves the right to confirm those orders by phone.
DELIVERY
- Ordered item is delivered by the Couriers, who are qualified postal operators or delivery company.
- The place of dispatch of the items ordered at www.mrotex.com/shop/ is the delivery address added by the Customer.
- The Supplier posts the delivery time counted in working days needed to finalize the delivery, and the execution of the order.
- The delivery date, and the execution of the order posted on the website is counted in working days, starting from the completed payment, if the Customer has chosen the prepayment method.
- The Customer receives the confirmation of posting the parcel via e-mail on the day of the dispatch.
- The parcel should be collected within 14 days from receiving an information about the delivery of the order.
- If the Customer is absent from the delivery address during the delivery of the parcel, the Courier leaves the attempted delivery notice or tries to contact the Customer in order to schedule the next available delivery date. If the parcel returns to the Supplier, the Supplier contacts the Customer via e-mail or phone in order to schedule the date and cost of the next delivery.
- The parcel should be checked by the Customer in time and measure accepted by the delivery company while the delivery driver is present.
- In case of shortage or damage of the parcel, the Customer has the right to demand the protocol to be written by the Courier.
REFUNDS
- All goods available on www.mrotex.com/shop/ are brand new, free from any physical and legal defects, and are legally launched into the polish market.
- The Supplier is responsible for the warrant to the Customer in case of a physical or legal defects.
- If the product has got a defect, the Customer can:
- Submit a statement to reduce the price or withdraw from the Sales Agreement, unless the Supplier will change the defected good for a free from defects one or will remove the damage. This restriction is not applicable, if the goods was previously exchanged or fixed by the Supplier or if the Supplier didn’t fulfil the duty of exchanging the goods free from damage or fixing the defects. The Customer can demand the replacement of the item or removal of the defect instead of Supplier’s removal of the defect, unless the repair or replacement is impossible or it would demand excessive costs in comparison to the measure proposed by the Supplier. The evaluation of the excessive costs considers the value of the item free from defects, kind and means of detected defect, and the inconvenience for the Customer.
- Claim the replacement of the defected item for the free from defects one or removal of the defect. The Supplier is obligated to replace the defected item for a free from defects one or remove the defect in reasonable time, without Customer’s excessive inconvenience. The Supplier can refuse the demanded compensation if the measure chosen by the Customer is impossible, and would involve excessive costs, or in comparison to the other possible measure leading to compatibility with the Sales Agreement. The repair, and replacement costs are covered by the Supplier.
- The Customer, who performs the warranty is obligated to deliver the defected item to the Supplier’s address. The delivery cost is covered by the Supplier.
- The Supplier is liable under the warranty, if the physical defect will be detected in less than two years from delivering the goods to the Customer. The removal of the defect or replacement claim expires after one year, but the due date cannot be over before the date determined in the first sentence. The Customer can depart from the Sales Arrangement during that time or place a statement to reduce the price because of the defected goods. If the Customer demands replacement of the Goods for a free from defects one or removal of the defect, the due date to withdraw from agreement or submitting a statement of price reduction, begins with the date of ineffective time of replacement of the goods or removal of the defect.
- Any complaints related to Goods or processing of the Sales Agreement, the Customer can forward to office@mrotex.com, fax 71 372 85 29 or mail: MROTEX P.P.H., ul. Robotnicza 68, 53-608 Wroclaw, Poland.
- The Customer should mail the damaged goods to MROTEX P.P.H., ul. Robotnicza 68, 53-608 Wroclaw, Poland in order to process the refund.
- The Supplier takes a stance to the claim of refund of the Goods or complaint about the proceed of the Sales Arrangement made by the Customer within 14 days.
PERSONAL DATA PROTECTION
- The Administrator of The Customer’s Personal Data voluntarily passed to the Supplier within Registration, one-time order placement and within supply of services via e-mail or any other circumstances determined by the Regulations, is the Supplier.
- Type of Processing of Personal Data, identification Personal Data, contact details, and invoice details.
- User has the right to: Demand the access to data, correction, removal, processing restriction, the right to file the objection regarding the processing of this data, and the right to export the data from the Administrator; To withhold the agreement at any time, without the influence on compliance with the processing right, which was based on the agreement before the withhold. To lay a complaint to Personal Data Protection Office, ul. Stawki 2, 00-193 Warszawa (https://www.uodo.gov.pl/en); Placing the personal data is a contractual condition, adding the personal data is voluntary, however refusal of placing them is equivalent to lack of possibility of processing the given service through the form.
- Using the right to correct the data, removal, restriction of extent of processing, correction, as well as removal of agreement to receive commercial information is pursued by sending the request to the Administrator via e-mial or letter to the given address in point 1. (Privacy Policy).
FREE OF CHARGES SERVICES PROVIDED VIA E-MAIL
- The Supplier provides free of charge services for the Customer by e-mail: Contact form, Newsletter, Customer account management Used equipment market
- Above mentioned services are provided 7 days a week, 24 hours a day.
- The Supplier reserves the possibility to choose, and change the kind, form, time or measure of access to the chosen services mentioned previously. The Supplier will inform the Customer in an appropriate way for the change of the Regulation.
- The contact form service is based on sending the message to the Supplier, using the form placed on the website.
- The cancelation of the free of charge contact form is based on withdrawal of the inquiry to the Supplier.
- Every Customer can take advantage of the Newsletter service if the e-mail address is added, using the registration form shared by the Supplier on the store’s website. After sending the filled registration form, the Customer immediately receives the confirmation e- mail from the Supplier. At this moment, the Customer and the Supplier enter into agreement on the Newsletter service. In addition, the Customer can check the appropriate box in the registration form during the Registration process in order to subscribe to the Newsletter.
- The Newsletter service is based on sending a massage with new products or services offered by the Supplier via e-mail. The Newsletter is sent to every Customer, who subscribed to the Newsletter, by the Supplier.
- Every Newsletter directed toward the Customers includes: information about the sender, filled "subject" area, describing the content of the message, and the information about the possibility, and the measure to cancel the free of charge Newsletter service.
- The Customer can cancel the Newsletter service at any time by unsubscribing through a reference placed in every e-mail send within the Newsletter service or through checking the proper box in the Customer’s account.
- Customer’s account management service is available after the registration process, based on the Regulations, and it consists of sharing the particular panel on the store’s website, allowing the Customer to change the data, which were given during the registration process, tracking the order process, and also the history of orders.
- The Customer, who has done the Registration process, can demand the removal of the Customer’s Account to the Supplier, although the removal of Customer’s Account can take up to 14 days from submitting the demand.
- The Supplier is authorized to block the access to the Customer’s Account, and the free of charge services, in case of any actions made by the Customer that can harm the Supplier or other Customers, violate the law or the Regulations, and also when the Customer’s Account, and free of charge services are blocked in case of safety reasons – especially breaking the website’s security systems or any other hacking activities.
- The blocking of the Customer’s Account, and the free of charge services due to the mentioned reasons lasts until the issue is solved.
- The Supplier notifies the Customer about the blockage of the access to the Customer’s Account, and the free of charge services via e-mail, which has been given during the Registration process.
- The Used Equipment section is based on free advertisement of the Customer’s Equipment on the store’s website at https://www.mrotex.com/shop/en/6-used-equipment
- The Advertisement comes from the User, who independently creates the content. The advertisement’s content must be consistent with the actual state.
- Posting the Advertisement should be made with the actual intention of selling the advertised device.
- The User is responsible for posted content (including the photos), and guarantees, that they are consistent with the facts, and the law. The advertisement must not violate the website’s rights, Regulations, and the third parties law, including the copyrights.
- The content of the Advertisement should clearly indicate to the Goods, describe it thoroughly, honestly and completely, and it must not mislead other Users, especially product properties, such as: the quality, parameters, condition, origin, brand or manufacturer.
- The Online Store posts the Advertisement after moderation. The Online Store has the right to refuse posting the Advertisement, if it violates any of the Regulations or the law, especially when it consists of content, such as: Commonly recognized as offensive Actions of unfair business practice Violating public decency, copyrights or any other intellectual property rights Harming the Company or the Online Store’s reputability or its partners Misleading other Users
- The User is obligated not to post the Good’s Advertisements, which violate the obligatory law or third parties permissions
- The Online Store isn’t responsible for inadequate execution or failure of execution of contract related to the Advertisement by parties.
- The Online Store isn’t responsible for quality or legality of offered Goods, information authenticity or reliability given by the Users or sellers and buyers capacity to implement the transaction.
INTELLECTUAL PROPERTY AND RIGHTS PROTECTION
- Any rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, Store Website, and patterns, forms, logotypes posted in the Online Store (except logotypes, and photos presented on the website in order to show the Goods, to which the copyrights belong to third parties) belong to the Supplier, any use of them must be specified and compatible with the Regulations, and accepted by the Supplier in a letter of permission.
- It is not allowed to use resources, and functions of the Online Store in order to lead the Customer’s enterprise, which would be harmful the Supplier’s business.
- If the Customer or any other person acknowledges violation of rights, personal goods, public decency, feelings, morality, beliefs, unfair business practice, know-how, secret protected by law, the Supplier can be informed about potential violation.
- The Supplier informed about potential violation, immediately takes actions in order to remove the violating content from the Online Store.
FINAL PROVISIONS
- In any unregulated cases in these Regulations, Polish Legislation is applicable, especially Civil Code Provisions, Personal Data Protection Act, and Act on Rendering Electronic Services.
- Any disputes between the parties shall be settled by the common court.
- In case of dispute, the parties will aim to solve it amicably.
- The Supplier reserves the right to change these Regulations. Every accepted order by the Supplier, before the day of introducing the new Regulations, is implemented by the Regulations, which applied on the day of placing the order by the Customer. The change of the Regulations enters into force within 7 days from posting it on the Online Store’s website. The Supplier will inform the Customer 7 days before the change of the Regulations via e-mail with the reference to the new Regulations. If the Customer doesn’t accept the new Regulations, the Supplier must be noticed. In this case, the Customer’s Account Management contract is cancelled.
- The Regulations enter into force on 15th July 2020.