The Statute of the Online Store
www.mirimpex.eu

The Statute of the online store available at the internet address: www.sklep.mirimpex.pl administered by Mirosław Woroń, hereinafter referred to as the Seller, running a business under the name of "Prywatne Przedsiebiorstwo Produkcyjno - Handlowo - Uslugowe" MIRIMPEX "based in 32-020 Wieliczka, Grabówka 111, NIP: 683 000 41 60, National Business Registry Number: 008 072 482, contact telephone number: (12) 288 32 52 or 601 905 906, e-mail: sklep@mirimpex.pl, regulates the rules in the scope of services provided by the Seller by electronic means and sale contracts concluded via the online store, including their types, rights and obligations of the Clients, as well as the Seller, the withdrawal procedure and the complaint procedure.

Table of contents:

1. Definitions
2. General Provisions
3. Services provided electronically (types, conditions, withdrawal)
4. Sales Agreement
5. Execution of orders and deliveries
6. Payment methods
7. Right of withdrawal
8. Warranty
9. Complaints
10. Liability
11. Out-of-court dispute resolution
12. Final Provisions

 

1. Online store - an online store available at www.sklep.mirimpex.pl
2. Seller - Mirosław Woroń conducting business activity under the name of Private Business Production - Trade and Service Company "MIRIMPEX" based in 32-020 Wieliczka, Grabówka 111, NIP: 683 000 41 60, National Business Registry Number: 008 072 482.
3. Client - a natural person, a legal person or an organizational unit without legal personality, the right of which grants legal capacity, concluding an agreement with the Seller.
4. Consumer - a natural person, in accordance with art. 221 of the Act of 23 April 1964 - the Civil Code, which performs with the Seller a legal action not related directly to its business or professional activity.
5. Entrepreneur - means a natural person, legal person or an organizational unit which is not a legal person, to whom the law confers legal capacity, conducting business or professional activity on its own behalf.
6. Service - e-services provided by the Seller (Service Provider) to the Customer (Service Recipient) via the online store.
7. Contract concluded remotely - means a contract concluded between the Seller of the Online Store and a Consumer as part of an organized procedure for the conclusion of distance contracts, without the need for both parties to participate in one place and time, using one or more measures necessary for distance communication until the conclusion of the contract, inclusive.
8. Sales contract - a contract of sale of the Goods available in the Online Store, concluded between the Customer and the Seller, through the agency of the Seller.
9. Goods - a product, a movable item that the Customer purchases via the Online Store from the Seller who is its producer.
10. Customer Account - a set of data in the Seller's ICT system, which collects information about the Customer, including contact details and order history.
11. Registration form - an electronic service, a form available in the Online Store that allows you to create a Customer Account.
12. Order form - an electronic service, a form available in the Online Store which allows purchasing the product selected by the Customer.
13. Order - Customer's declaration of will made through the Online Store expressing the will to conclude a Sales Agreement, specifying, in particular, its terms, the type and quantity of the Goods, method and cost of delivery, a form of payment and customer data necessary to perform the contract.
14. Newsletter - a service that allows you to subscribe and receive free electronic information about the Merchant's Products and promotions.
15. Working day - one day from Monday to Friday, excluding public holidays.

 

1. The Seller undertakes to provide services to the Customer, observing the applicable provisions of law and the conditions provided for in these Regulations, respecting the principles of social coexistence.
2. The Seller declares that he complies with all the principles of the protection of personal data of Customers provided for in the Act of 29 August 1997 on the protection of personal data (i.e. Journal of Laws of 2015, item 2135) as amended.
3. The Customer agrees to the collection, storage and processing of personal data by the Seller for purposes directly related to the implementation of the Service or Product ordered in the Online Store. The detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the "Online Privacy Policy" of the Online Store.
4. The Customer undertakes to use the online store and the services offered by the Seller through it, complying with applicable law and the conditions provided for in these Regulations, while respecting the principles of social coexistence.
5. The Seller declares that the Goods available in the Online Store are:
   1. new and safe
   2. free from physical and legal defects
   3. in accordance with the properties indicated in the online store
   4. legally brought out to the Polish market.
6. The Seller declares that the Goods available on the Online Store website can be produced in accordance with an individual order.
7. Manufacturer's warranty, in which the manufacturer assumes responsibility for the properties of the things he has ensured (e.g. functionality, durability, quality of the item), does not exclude or in any way limit the possibility for the client to exercise his rights under the warranty for physical and legal defects of the Goods (§ 8), which he purchased from the Seller.
8. The seller realizes orders on the territory of Poland.
9. All information contained in the Seller's Online Store regarding products (including prices) does not constitute an offer within the meaning of art. 66 of the Civil Code, but the invitation to conclude a contract specified in Article 71 of the Civil Code.
10. All prices listed on the Online Store website are given in Polish zlotys (PLN) and are gross prices (including VAT, customs duties and other components). The prices do not include delivery costs.
11. Delivery costs depend on the supplier chosen by the customer and the type of shipment (e.g. weight or non-standard dimensions). The total cost of delivery is visible to the Customer before the final confirmation of the order and acceptance of the Regulations, as well as in the message confirming the acceptance of the order by the Seller referred to in § 4 point 6.

1. Through the functionality available in the Online Store, the Seller provides services electronically.
2. The use of all services available in the Online Store (conclusion of a contract for the provision of electronic services) is voluntary and free.
3. Contracts for the provision of electronic services in terms of:
   1. completing the order form by the Online Store Clients, the contract is concluded for a definite period of time at the moment the Customer begins to complete the form and terminates upon withdrawal from completing the form or upon sending the completed form to the Seller. The process of completing the order form is organized so that every consumer has the opportunity to become familiar with it before making a decision to conclude a contract or to amend the contract;
   2. completing the contact form by the Online Store User, the contract is concluded for a definite period of time at the moment the Customer begins to complete the form and terminates upon withdrawal from completing the form or upon sending the completed form to the Seller;
   3. registration and keeping of the Customer Account, the contract is concluded for an indefinite period, at the time of the Customer's registration using the functionality available on the Online Store website;
   4. sending a commercial offer to the Customer in the form of a Newsletter, the contract is concluded for an indefinite period, when the Customer subscribes to the Newsletter service, using the functionality available on the Online Store website.
4. Technical requirements necessary to use the services provided by the Seller:
   1. a device with access to the Internet
   2. an Internet browser that supports cookies
   3. access to email.
5. The customer bears fees related to access to the Internet and data transmission in accordance with the tariff of his ISP.
6. The right to withdraw from the contract for the provision of electronic services is entitled to:
   1. Customer who is a Consumer according to the rules provided for in the present Regulations (§ 7)
   2. The Customer to whom the Seller provides the services referred to in point 3 lit. c and d, of a continuous and indefinite nature, without giving reasons, with immediate effect.
7. The purpose of the exercise of the right referred to in point 6 letter b, the Customer sends to the address sklep@mirimpex.pl an unequivocal statement of termination of the contract for the provision of electronic services.
8. The customer, in the event of non-performance or improper performance of the service provided electronically by the Seller, is entitled to submit a complaint under the terms of these Regulations (§ 9).
9. The Seller reserves the right to terminate the agreement for the provision of electronic services of a continuous and unlimited duration, with a 7-day notice period in case of breach by the Customer of the provisions of these Regulations.

1. To conclude a valid and binding both sides of the Sales Agreement, the Customer, using the functionalities available on the Online Store website:
   1. selects the Goods, defining its quantity and features (functionality "Add to basket")
   2. completes the order form, indicating the data necessary for the implementation of the contract, i.e. name, surname, company details, delivery address, telephone number, email address, tax identification number (NIP), as well as the delivery method and payment method.
2. The Seller allows the Customer, via the Registration Form, to set up a Customer Account. The registration by the Customer is one-time, voluntary and free. The data provided during the registration of the account will be used for the next orders.
3. Having a Customer Account (registration) is not necessary to place orders in the Online Store.
4. The Seller accepts orders via the Order Form available in the Online Store, 24 hours a day, 7 days a week.
5. Immediately after receiving the order, the Seller sends the Customer by e-mail to the e-mail address provided during the ordering process, a statement of acceptance of the order, which also constitutes its confirmation. As soon as the customer receives the message, a sales contract is concluded.
6. The message summarizing and confirming the order contains all the previously agreed terms of the sales contract, in particular, the quantity and type of ordered Goods, the total price to be paid along with the delivery costs and the number of discounts granted (if applicable).
7. Customer having a Customer Account, after logging in has the ability to check the status of the Order. 

1. The order is carried out by the Seller in the order of arriving, taking into account § 6 points. 3 of these Regulations.
2. The delivery time, which includes, in particular, the preparation of the order, i.e. completing, packing and issuing the parcel of the supplier, is individually specified for each Good available on the Online Store website.
3. The choice of supplier made by the customer while placing the order directly influences the delivery time.
4. Order picked up personally by the Customer at the address of the Seller's headquarters is carried out immediately after its confirmation. The exact date of delivery of the Goods will be agreed with the Customer individually and confirmed by the Seller by a message sent to the Customer's email address.
5. In the event of exceptional circumstances or inability to perform the order in the order specified in a paragraph within the deadline, the Seller immediately contacts the Customer in order to determine the further procedure, including setting another date of order performance, changing the method of delivery.
6. The delivery of the Goods takes place via Poczta Polska or a selected courier company. Orders are issued to the supplier by the Seller on business days.
7. The product passed on to the supplier is packaged in a proper manner, ensuring protection against damage during transport.
8. Detailed information on possible forms of delivery and related costs, the Seller has made available on the Online Store website.
9. When completing the order form and in the confirmation message of the order referred to in § 4 paragraph 6 The customer is informed about the costs of the Goods delivery method chosen by him.
10. The Customer is entitled to cancel or change the order, but no later than until the Seller sends a message confirming acceptance of the order, referred to in § 4 paragraph 6 by contacting the Seller by phone or electronically.
11. After receiving the parcel, the Customer or a third party authorized by him should, as far as possible, carefully check the condition of the packaging, whether it bears signs of damage, unauthorized interference and whether its content is intact. If any damage or other irregularities are found, in the presence of the courier, if possible, make a report on the damage and notify the Seller about it. If the product looks damaged, please contact the customer if possible. This provision in no way excludes or limits the Customer's rights to make a complaint under the terms of these Regulations. The procedure described above is intended only to assist the Seller in determining the causes and liability for the damage. Failure to draw up a report by the customer at the courier does not limit the possibility of reporting the damage to the parcel.

1. Seller permits the following payment methods:
   1. traditional transfer to the Seller's bank account kept by BZWBK to the account number: 46 1090 1665 0000 0001 1420 1075
   2. cash on delivery (payment in cash on delivery).
2. The Customer is obliged to make payment within 7 calendar days from the date of receipt of the message confirming the order's acceptance by the Seller, specifying the total cost of the order together with delivery (conclusion of the contract).
3. If the payments referred to in point 1 (a) are selected, and the online order is processed after the payment is credited to the Seller's account. The Seller shall execute the order immediately when the Customer selects the form of payment referred to in point 1 lit. b.
4. The Seller documents the sale of the Goods with a receipt, and at the Customer's request issues a VAT invoice. Proof of purchase is provided to the Customer along with the Goods.

1. In accordance with art. 27 of the Act of 30 May 2014, the customer who is also a consumer has the right to withdraw from a distance contract without giving a reason.
2. The right to withdraw from the contract is vested within 14 calendar days from the moment of taking over the good by the customer or a third party designated by him other than the carrier.
3. In order to implement the statutory right to withdraw from the contract, the Customer submits to the Seller a clear declaration of will, sending it to the address of the registered office or e-mail address of the Seller.
4. The Customer may use the Statement of withdrawal from the contract, constituting Appendix No. 1 to these Regulations. Using the form is not a condition to withdraw from the contract provided for in this paragraph.
5. To meet the deadline specified in paragraph 2 it is enough to send a statement of withdrawal from the contract by e-mail or to the address of the Seller before its expiry.
6. A customer who has used the delivery of a statement of withdrawal from the contract by e-mail will be immediately informed of the acceptance of this declaration of intent via e-mail or in writing to the address provided in the Order Form.
7. The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the statement of withdrawal from the contract, reimburse the Customer for all payments received from him, including the costs of delivery. The seller reimburses the payment using the same method of payment that the customer used unless the customer expressly agreed to a different method of reimbursement, which does not involve any additional costs for him.
8. The seller suspends the reimbursement of payments referred to in point 9, until receipt of the Goods or confirmation by the Customer of his return, in the event of the Seller's failure to collect the Goods personally.
9. After withdrawing from the contract, the Customer is obliged to return the purchased Goods to the Seller or a person authorized by him to collect them immediately, not later than within 14 calendar days from the date of submission of the statement of withdrawal.
10. Goods should be returned to the Seller's address.
11. The Customer bears only the direct cost of returning the Goods.
12. The consumer is only liable for a decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
13. The right to withdraw from the contract is not entitled to the Customer who is also a consumer, in particular when the Seller manufactures the Goods according to the Customer's specifications, on his individual order, in accordance with art. 38 par. 3 of the Act of 30 May 2014 on consumer rights and in relation to other agreements referred to in the above-mentioned legal basis.

1. The seller is liable to the customer under the warranty for physical defects if the item:
   1. does not have properties which this kind of thing should have because of the purpose in the contract marked or resulting from circumstances or destination;
   2. does not have properties that the Seller has provided to the Buyer, including a sample or pattern;
   3. it is not suitable for the purpose of which the Buyer informed the Seller when concluding the contract, and the Seller did not raise any objections to such purpose;
   4. as been delivered to the Buyer incomplete.
2. The seller is liable to the customer under the warranty for legal defects if the item is encumbered with the rights of a third party.
3. The Seller's liability under the warranty for physical or legal defects of the Goods, if the defects referred to in points 1 and 2 are found within two years from the date of delivery of the Goods to the Customer by the Seller.
4. In the event of an exchange of goods, the deadline referred to above runs from scratch.
5. Reporting defects should be sent to the Seller in writing to the address of its registered office or by e-mail to the address of its electronic mail, taking into account the date referred to in point. 3.
6. In order to facilitate the preparation of the application, the Customer may use the Complaint Form constituting Annex 2 to these Regulations.
7. In order to correctly assess the physical defect of a Good, at the request of the Seller, and with the consent of the Customer, the Goods should be delivered to the address of the Seller's registered office.
8. Delivery of the Goods as part of the exercise of rights resulting from the warranty for defects is carried out at the expense of the Seller.
9. The Seller responds to the Customer's request promptly, however, not later than within 14 calendar days from the date of its receipt. In the event of non-examination of the application within the specified period, it should be considered as taken into account by the Seller.
10. The seller is released from liability under the warranty for physical and legal defects if the customer knew about the defects at the time of conclusion of the sales contract and in the event of the conclusion of the sales contract with the entrepreneur.
11. The Seller shall cover the costs of collecting the Goods, deliveries, removing defects or defects and replacing the Goods with a new one.

1. The customer in the event of non-performance or improper performance of the provisions of the contract has the right to submit a complaint.
2. The complaint should include:
   1. Customer data, e.g. name, surname, address, company name and registered office, contact telephone number, e-mail address
   2. indication of the subject of the complaint
   3. the period of time for which the complaint relates
   4. circumstances justifying the lodging of a complaint.
3. The customer who is a consumer under the complaint has the right to request:
   1. exchange of goods for a new one,
   2. repair of defective goods,
   3. price reduction,
   4. if the defect is significant, it may withdraw from the contract.
4. The seller may refuse to replace or repair the goods only if it would be impossible or would require excessive costs. In this case, the Seller may propose a different way of fulfilling the claim.
5. The assessment of excessive costs takes into account the value of the item free from defects, the significance of the defect for the functionality of the Good and any inconvenience that could occur on the part of the Customer in the event of another way of satisfying the claim proposed by the Seller.
6. The consumer has the right to choose how to satisfy the claim and possibly change his claim.
7. The Seller considers the complaint within 14 calendar days.

1. The Customer undertakes to use the Online Store in accordance with applicable law and the rules of social conduct.
2. The customer is responsible for the correctness of the entered data, in particular when using the functionalities available on the online store website.
3. The Seller is not responsible for unlawful activities of the Customer related to the use of the Online Store.
4. The seller is not responsible for transactions made by unauthorized third parties to whom the customer has provided logins and password to the Customer Account, by failing to exercise due diligence in the protection of such data
5. The Seller may suspend or terminate the provision of certain services provided via the online store, which may not in any way violate the rights of the Customer or affect the contracts concluded with the Seller so far.

1. The consumer has the right to use out-of-court dispute resolution and redress through mediation or an arbitral tribunal. Regardless of this, the Customer may apply for help to the municipal (county) consumer ombudsman, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
2. The Network of European Consumer Centers helps in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Center www.konsument.gov.pl.
3. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl. The customer who is a consumer may also use the electronic method of resolving disputes with the Seller via the ODR platform available at the following address:
   https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
4. The use of out-of-court complaint consideration and redress is voluntary and may occur if both disputing parties agree to this.
5. Disputes arising as a result of the provision of services under these Regulations will be submitted to a common court according to the choice of the Client in accordance with the relevant provisions of Polish law.

1. The Seller respects all of the Customer's rights under Polish law.
2. The Seller reserves the right to change these Regulations. The Seller is obliged to notify Customers of each change at least 14 days before the updated version of the Regulations enters into force on the Online Store website.
3. The provisions of the new Regulations do not apply to orders and contracts concluded prior to the entry into force of its updated version and do not affect the rights acquired by customers under the provisions of the previous Regulations.
4. The customer has the right not to accept the new Regulations.
5. The content, in particular, the graphics, texts, layouts and colours of the website, are the property of the Seller and are subject to the protection of the provisions of the Act on Copyright and Related Rights. Each use of the content requires the written consent of the Seller. Failure to obtain consent may result in criminal and civil liability.
6. Disputes arising as a result of the provision of services under these Regulations will be submitted to a common court according to the choice of the Client in accordance with the relevant provisions of Polish law.
7. Appendixes to the Regulations constitute its integral part.
8. The Regulations come into effect on 1.03.2017.