Rules and Regulations of an online store

Rules and Regulations of an online store

§1 Preamble

1. The online store domain/address is: maro.eu. The store is operated by the Seller.

2. These Rules and Regulations are intended for the Customers of the Store and specify:

a) terms and conditions and principles of placing Orders by Customers electronically,
b) principles and procedures of concluding Sales Agreements by and between the Seller and the Customer by means of distant communication via the Store and principles of performance of the concluded Sales Agreements by the Seller.

3. Customers can read these Rules and Regulations at any time on the website: https://maro.eu

4. Sales Agreements are each time concluded in the seat of the Seller, in the territory of the Republic of Poland, irrespectively of the Customer’s place of residence/seat.

§2. Definitions

Terms used in these Rules and Regulations shall have the following meaning:

a)Order Form - an interactive form, available on the Store website, which enables the Customer to place an Order, in particular: to add Products to cart and to define the terms and conditions of the Sales Agreement, including type of delivery and method of payment.
b) Guarantor - Seller that has granted the Product quality guarantee.
c) Customer - person or entity purchasing Products via the Store.
d) Cart - part of the Store software, which displays the Products selected by the Customer, which the Customer intends to buy. The software allows the Customer to fill in the Order and modify it, in particular to modify the quantity of the Products.
e) Privacy Policy - policy of data privacy and cookie files, on the basis of which the Seller processes Customers’ personal data.
f) Product - a movable item, available and presented in the Store, manufactured by the Seller based on the Customer’s order in compliance with the defined parameters, which represents the subject matter of the Sales Agreement concluded by and between the Seller and the Customer.
g) Rules and Regulations - these rules and regulations of the online store, specified in Art. 8 of the Law of 18.07.2002 on provision of electronic services (consolidated text Journal of Laws of 2017, item 1219 as amended).
h) Store - an online store operated by the Seller at the address https://www.maro.eu.
i) Seller - Office Furniture Manufacturer operating in the form of a limited liability company under the business name “Fabryka Mebli Biurowych MARO spółka z ograniczoną odpowiedzialnością”, seated in Komorniki, at ul. Fabianowska 100, 62-052 Komorniki, entered into the register of entrepreneurs of the National Court Register kept by Sąd Rejonowy [District Court] Poznań- Nowe Miasto i Wilda in Poznań, under number 0000107965, with the share capital of PLN 8,110,000.00, NIP [Taxpayer’s ID no.] 5992575691 and REGON [National Official Business Register] number: 211022165.
j) Sales Agreement - a contract of sale of the Product, concluded by the Seller and the Customer via the Store.
k) Order - declaration of intent of the Customer, made in the Order Form, to conclude the Products Sales Agreement directly with the Seller.

§3. Contact with the Store

To contact the Seller, the Customer may use the following contact data:

a) physical address: ul. Fabianowska 100, 62-052 Komorniki, Poland
b) e-mail address: cs@maro.eu
c) telephone number: +48 61890 00 00

§4 Technical requirements

1. Customers can buy Products from the Store under the condition that their telecommunications system meets the following, minimum technical requirements:

a) Google Chrome (version 76 and higher), Safari (version 12 and higher), Edge (version 79 and higher), Firefox (version 72 and higher),
b) minimum screen resolution 1024 x 768 pixels,
c) enabled Javascript,
d) consent for „cookies”,
e) the Internet connection of the minimum speed of 512 kbit/s.

2. To be able to use the Store, the Customers - by their own means - shall get access to a computer or any other end device connected to the Internet.

3. The Seller bears no liability for any interference, in this any disruptions in the functionalities of the Store caused due to the Force Majeure events, torts of third parties or incompatibility of the Store with the technical infrastructure of the Customer.

§5. General rules

1. Information about the Products, published on the Store website, in particular descriptions, technical and performance parameters and prices, is to attract the Customers and encourage them to conclude the sales agreement in the meaning of Article 71 of the Polish Civil Code and does not constitute a binding offer on the part of the Seller.

2. Product prices on the Store website are given in the following currencies, depending on the place of delivery:

a) delivery in Poland - Polish zloty (PLN)
b) delivery outside of Poland - Euro (EUR).

3. Product prices presented on the Store website are net prices, i.e. they exclude the Polish Value Added Tax (VAT) unless it is expressly stated otherwise.

4. The final price payable by the Customer includes the Product price and cost of delivery (in this fees for the transport, delivery, postal services) as well as any other additional fees connected with Order fulfilment, such as: value added tax (VAT), an environmental tax and other public taxes and levies specified on the Store website, of which the Customer is informed during the Order placement and also when the Customer expresses their intention to conclude the Sales Agreement. All and any potential payable customs duties are charged exclusively upon the Customer and shall be paid by them.

5. When using the Store, the Customer is in particular obliged to:

a) use the Store in a manner that does not interfere with the Store functionalities, in particular - use appropriate software and devices,
b) use the Store in a manner that does not pose any nuisance for other Customers and the Seller,
c) use the Store in compliance with the Rules and Regulations and legal provisions applicable in the territory of Poland,
d) refrain from acts such as distribution or display of trade information within the Store if such information has not been requested
e) refrain from provision and disclosure of contents prohibited by the provisions of law, e.g. contents propagating violence, defaming or breaching personal rights or other rights of third parties.

6. The Seller reserves the right to limit the scope of provided services via the Store:

a) to Customers under 18; in such a case, a potential Customer that fails to meet the minimum age criterion will be respectively informed of the limitation,
b) depending on the location of the Customer’s seat; a potential Customer will be respectively informed by the Seller after the Order placement about additional fees for the insurance and shipping of the Product to the place of collection indicated by the Customer.

7. The Seller may fully deprive the Customer of their right to use the Store or limit the Customer’s access to all or some of the contents published on the Store website, with immediate effect, in particular if the Client:

a) has provided - when registering in the Store - untrue, imprecise, invalid data or data that is misleading or that breaches the rights of third parties
b) has breached - via the Store - personal interests of third parties, in particular personal interests of other Customers of the Store,
c) is guilty of conduct deemed by the Seller as breaching the provisions of law or principles of good social life,
d) has breached the Rules and Regulations,
e) delays with payment for the Order.

8. The Customer deprived of the right to use the Store cannot register in the Store again without prior consent of the Seller.

9. To ensure safety of communications and data related to the services provided within the business activity of the Store, the Store undertakes technical and organizational measures, suitable accounting for the safety risk level, in particular measures intended to prevent access to personal data provided electronically or its modification by all and any unauthorized persons.

§6. Principles of Order placement and conclusion of Sales Agreement

1. Viewing the assortment of Products in the Store does not require any registration.

2. Orders can be placed by Customers already registered in the Store or by unregistered Customers if they provide necessary personal and address data that enable the Order fulfilment.

3. Order placement shall require the following:

a) logging in the Store (in case of previously registered Customers) or using the unregistered Customer Order placement option,
b) selecting the Product that is the subject matter of the Order and adding it to the Cart
c) completing subsequent steps according to the displayed communications and information presented on the Store website.

4. When placing an Order - until the Customer presses the “Confirm and pay” button - the Customer can modify the entered data, in particular as regards the selected Products. To modify the data, follow communications and information displayed on the Store website.

5. Once the Customer has provided all necessary data, the system will display the summary of the placed Order, which will include the following information:

a) subject matter of the Order,
b) unit and total price of the ordered Products and services, in this cost of delivery and any additional costs (if any),
c) selected payment method,
d) selected delivery method.

6. To effectively place an Order, the Customer must accept the contents of these Rules and Regulations, provide data marked as mandatory and press the “Order and pay” button.

7. Any sent Order represents a declaration of the Customer of their intention to conclude the Sales Agreement with the Seller, in compliance with the contents of these Rules and Regulations.

8. The Seller will verify the data contained in the Order, in particular the amounts payable for the ordered Products and will inform the Customer by e-mail of the Order acceptance.

9. The Sales Agreement is deemed concluded upon confirmation sent by the Seller, informing the Customer of the Order acceptance. In the event that the Seller's declaration contains additional reservations, in particular regarding the additional fees of the insurance and shipping of the Product, the Sales Agreement is deemed concluded at the moment of the Customer's acceptance of the reservations specified in the Seller's declaration.

10. Payment term for the ordered Product is 14 days as of the conclusion of the Sales Agreement. If the full required amount fails to be credited in the Seller’s bank account within the aforementioned payment term, the Order and the Sales Agreement shall be automatically cancelled, with no obligation on the part of the Seller to make any additional notification.

11. The Seller starts processing the Order (starts the production process) after receiving the full payment for the ordered Product. The maximum Order fulfilment time is 90 days and starts running from the day the full payment is respectively credited.

§7. Payment methods

1. The Seller shall allow the following payment methods under the Sales Agreement:

a) wire transfer to the Seller’s bank account ING Bank Śląski S.A. Branch in Poznan, number: 14 1050 1520 1000 0022 2607 1229.
b) electronic payments and card payments via ING Bank Śląski S.A. platform.

The Customer may select one of the following payment methods:

- debit/credit card,
- BLIK,
- wire transfer.

§8. Delivery

1. Products shall be delivered to the address provided by the Customer in the Order.

2. Products shall be delivered at the Customer's expense by a courier, or in any other way agreed by the Customer and the Seller in the Order or in the Seller's confirmation of the Order.

3. Inside delivery option is not included in the delivery price.

4. The Customer shall be additionally notified about the estimated delivery date by the Seller by telephone or via an e-mail sent to the address provided in the Order.

5. Together with the Product, the Seller shall provide the Customer with Order specifications and the electronic invoice.

6. The Customer shall carefully inspect the condition of the received parcel, in particular product quantities and any potential damage. Should the Customer find any irregularities in the delivery, in particular, should the Customer find that the parcel contains improper quantities of products or that certain elements are missing or that the parcel or the Product is damaged, the Customer shall be obliged to draw up (together with the courier) a respective damage report, take photographs and send the report to the Seller together with the complaint report to the courier and the photographs.

7. The delivered Product shall be kept by the Customer until the complaint is processed and reviewed by the courier.

§9. Quality guarantee

1. The Seller guarantees that it is the manufacturer of the Products offered in the Store and that the Products are brand new and of good quality, unless expressly provided otherwise (outlet Products, clearance sale Products, returned Products).

2. The Seller (Guarantor) grants its Customers with the Products quality guarantee on terms and conditions specified in §9 hereof.

3. The guarantee period is 2 years, but for the electrical components, whose guarantee period is 1 year as of the hand-over of the Product to the Customer.

4. The guarantee includes Product inherent defects that exist at the time of the Product hand-over to the Customer.

5. The guarantee does not include defects caused by:

a) mechanical damage that arose after the Product has been handed-over to the Customer,
b) damage that resulted from assembly or improper assembly - in case of delivery without the assembly service,
c) changes made in the Product by the Customer,
d) regular wear and tear of the structural components of the Product,
e) use of the Product contrary to its intended purpose,
f) Force Majeure events.

6. The guarantee does not include any minor differences between individual perception of the physical Product and its image presented on the Store website.

7. Under the guarantee, the Guarantor undertakes to remove any physical defects of the Product (to repair the product) free of charge, and should the defect removal prove impossible or pose major difficulty or entail excessive costs, the Guarantor undertakes to replace, free of charge, the defective Product with the same Product that is free of any defects, and should it prove impossible, then - with a product whose functionality parameters at least equal those of the replaced product or to refund the received price of the defective Product to the Customer.

8. The Customer shall report the defect / fault of the Product within 14 days as of its finding or otherwise the Customer shall lose the rights under the guarantee. The complaint shall include a brief description of the defect / fault, circumstances and date of its finding and the Customer’s data. The complaint shall be filed on the complaint form and sent to the e-mail address: claims@maro.eu.

9. The Guarantor shall review and reply to the complaint within 30 days. Should it prove impossible to investigate the complaint remotely (at a distance) and require personal inspection of the Product by a representative of the Guarantor, the Guarantor shall inform the Customer, who shall either deliver the complained Product to the Guarantor's seat or make an advance payment to the Guarantor for the costs of the Guarantor's representative's arrival to the place of use of the Product, in the amount not exceeding EUR ... within 14 days. Should the complaint prove to be valid, the Guarantor shall immediately return the received advance payment to the Customer.

10. Under the guarantee, the Customer may not claim any compensation for profits lost in effect of the Product defect.

11. The Seller disclaims any liability under warranty for physical defects of the Product, according to the provisions of the Polish law. The aforementioned provision does not apply to Customers protected under the Consumer Protection Act, this includes entrepreneurs purchasing products for the purposes related to their business activity.

§10. Withdrawal from the Sales Agreement

1. Subject to §10 (4) hereof, Customers that are natural persons, including sole traders, provided that the Sales Agreement concluded through the Store is not related with their businesses, may withdraw from the Sales Agreement and return the purchased Product within 14 days without any reason.

2. Intention to withdraw from the Sales Agreement shall be communicated by the Customer in an e-mail message sent to: cs@maro.eu or in a letter sent to the Seller’s address. Filling in the withdrawal form is optional.

3. The Customer that withdraws from the Sales Agreement shall be obliged to return the Product to the Seller’s address within 14 days as of the withdrawal. The return costs at the Customer's expense. Within 14 days as of the receipt of the returned Product, the Seller shall refund the full paid amount to the Customer, including the costs of the cheapest available delivery, using the same payment method as selected by the Customer. In case of card payment, the Seller shall transfer a relevant amount to the bank account linked to the Customer’s card.

4. The Sales Agreement cannot be withdrawn from if its subject matter was  a customized, non-standard Product or a Product made at the Customer’s individual order and according to the Customer’s specifications .

§11. Complaints concerning provision of electronic services

1. The Seller shall make its best efforts to ensure proper operation of the Store in compliance with its up-to-date technical expertise and undertakes to remove any errors reported by the Customers within a reasonable time limit.

2. The Customer shall immediately notify the Seller about any irregularities or disruptions in the operation of the Store either in writing by sending an e-mail to the address: cs@maro.eu  or the contact form, or orally by calling +48 61 890 00 00.

3. The complaint shall include the Customer’s first and last name, correspondence address and type and date of occurrence of such irregularities or disruptions in Store operation.

4. The Seller undertakes to review the complaint within 14 days as of its receipt and, should it prove impossible, to notify the Customer within that time period about any additional term required for the review of the complaint.

§ 12. Customers’ Personal Data

1. Customers’ personal data is processed based on the Privacy Policy published on the website: https://www.maro.eu.

§13. Settlement of disputes

1. If there are any disputes regarding the Rules and Regulations or Sales Agreements, then the Seller and the Customer shall make their best efforts to resolve them amicably. If no consensus can be reached, the dispute shall be settled exclusively by a Polish common court of proper jurisdiction for the subject matter seated in Poznań.

2. Acting under the provisions of the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer may request that the dispute with the Seller be settled using the ODR platform (Online Dispute Resolution) which is intended to facilitate independent, out-of-court settlement of disputes between consumers and entrepreneurs who have their seat in the European Union via the Internet. The ODR Platform is available at the address: https://ec.europa.eu/consumers/odr The Seller’s e-mail address is provided in §3 (b) hereof.

§ 14. Miscellaneous

1. In all and any matters not regulated herein, the provisions of the EU laws (in particular the Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending the Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council  that concern better enforcement and modernization of the European Union laws on consumer protection) and the provisions of the Polish law (in particular, the Civil Code and the Law on provision of electronic services) shall apply.

2. The Seller reserves the right to change these Rules and Regulations.

3. These Rules and Regulations shall be effective upon their publication on the website: https://www.maro.eu. The date of publication of these Rules and Regulations is 16.04.2024.