Regulations of the Marxus Stationary Shop
Terms & Conditions define the rules of using the Stationary Shop and purchasing goods along with their transport and installation from PUH MARXUS JERMAK I WSPÓLNICY sp. jawna with its registered office in Tarnów, ul. Do Huty 37C, 33-100 Tarnów, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków - Śródmieście in Kraków, 12th Commercial Division of the National Court Register under the number 0000701682, holding a NIP: 9930664940.
- General terms and conditions for using the Stationary Shop.
- The owner of the shop is PUH MARXUS JERMAK I WSPÓLNICY sp. jawna with its registered office in Tarnów, ul. Do Huty 37C, 33-100 Tarnów, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Kraków - Śródmieście in Kraków, 12th Commercial Division of the National Court Register under the number 0000701682, hereinafter referred to as the Seller.
- For the purposes of these Terms&Conditions, the following definitions are introduced:
a) Stationary Shop - shop of the Seller, located in Tarnów, ul. Do Huty 37C.
It sells goods in a traditional manner as well as remotely when they are unavailable in the warehouse. Orders can be placed directly in the shop, by phone or by e-mail.
Possible ways of contact:
By email: firstname.lastname@example.org
By phone: 14 629-81-06 / 608-261-262 / 660-734-400
In the case of telephone contact, the connection is subject to the charge for a regular phone call, in accordance with the customers’ service provider.
We are open from Monday to Friday: from 7:00 to 17:00
- a) User - a person of legal age, capable of entering into legal agreements.
- b) Goods - roll-up blinds, gates, grilles, horizontal, aluminum and wooden blinds, vertical blinds, pleated blinds, textile blinds, curtains, Track Panels, insect screens, additional equipment, parts and accessories.
- Purchase - an agreement for the purchase of Goods available in a warehouse or in a Stationary Shop.
- Order - a purchase agreement when the goods are not available and must be imported to meet the customer's specifications. Orders can be placed at the Stationary Shop directly, by phone or email.
- Customer - an entity making purchases in the Stationary Shop, who is a natural person capable of entering into legal transactions or a legal person or organizational unit without legal personality.
- Consumer - Customer who is a Consumer within the meaning of Article 221 of the Civil Code. (a consumer is considered to be a natural person who carries out a legal act with a trader which is not directly related to his trade or profession).
- General terms and conditions of purchase.
- The Stationary Shop sells goods remotely and in a traditional way. Orders are accepted directly in the shop, by phone and by e-mail.
Possible way of contact:
By email: email@example.com
By phone: 14 629-81-06 / 608-261-262 / 660-734-400
- In the case of telephone contact, the connection is subject to the charge for a regular phone call, in accordance with the customers’ service provider.
We are open from Monday to Friday: from 7:00 to 17:00
- Deliveries are conducted exclusively in the Republic of Poland.
- The prices of individual products that are on the Website, are valid from the day of placing an order by the Customer until the day of its realization.
- All prices on the website or in the Stationary Shop are in Polish zloty and include VAT.
- The prices do not include the shipping costs. These are covered by the customer, and constitute a separate item depending on the weight and dimensions of the ordered products.
- Shipping costs are presented separately during the purchase.
- Money transfer are subject to the tariff offered by the Client’s bank.
- Telephone costs are subject to the tariff offered by the client's provider.
- Methods of payment - the Customer has the right to choose the most convenient form of payment.
- The Stationary Shop offers the option of making a purchase in one of the following ways:
a) On site - allows to purchase goods which are currently in stock. Payment can be made by bank transfer, credit card, or cash. The proof of purchase is the fiscal receipt or VAT invoice
b) By making an order - this mode allows the purchase of goods which are currently not in stock and must be imported from the Manufacturer in the form of a fiscal contract confirmed by a signature or e-mail. A non-refundable down payment agreed upon between the Client and the company constitutes the confirmation of the order. Payment can be made by bank transfer, credit card, or cash.
An advance invoice is proof or purchase and should include the following information from the Customer: name, address, e-mail address, telephone number, and in the case of a business customer: company name, its legal form, address, NIP.
Implementation of the order depends on the type of ordered goods and is always agreed upon with the Customer. The remaining amount is paid by the customer upon receipt of information that the ordered Goods are ready to be collected. After receipt of payment, the Goods are issued by the Stationary Shop.
- Goods which must be imported for the Customer, will be ordered after receipt of confirmation of payment.
- Delivery to the Customer - the delivery date depends on the method of delivery chosen by the Customer. The usual time of delivery using a courier service is 2-3 business days. Customers choosing courier service may receive a phone call from the courier to determine the time of delivery.
IMPORTANT! Before claiming the parcel, it is necessary to check whether the it is not damaged, torn or destroyed in transport. In such a case, it is necessary to fill out a complaint protocol with the courier delivering the parcel and immediately contact the shop to determine further action.
IMPORTANT! The contents of the parcel must also be inspected immediately. Any damage must be reported within 2 days. Complaints will not be accepted after this time.
- Purchase document - fiscal receipt, VAT invoice for the receipt or advance invoice. The document will be issued for the Goods purchased by the Customer in the Stationary Store. The purchase document will be attached to the parcel containing the goods purchased by the Customer.
- Goods manufactured by Marxus are produced in accordance with internal technological standards and industry tolerances for the individual components in the system.
- If the purchase made by the Customer cannot be realized in any part, due to the unavailability of any of the Goods ordered by the Customer, the Stationary Shop shall immediately notify the Customer of this fact. In this case, the Customer can choose to:
a) withdraw from the contract and provide the Stationary Shop with the method of transferring the amount for the entire purchase (if the missing part prevents safe and normal use of the purchased Goods),
b) withdraw from the contract and provide the Stationary Shop with a method of transferring the amount to reimburse the amount for the unavailable product (if the missing part does not prevent normal and safe use of the purchased Goods and only affects the aesthetics or decoration).
III. Withdrawing from a contract concluded remotely.
- The right to withdraw from the contract applies only to Customers within the meaning of Article 221 of the Civil Code.
- According to the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827.), the Consumer has the right to withdraw from the contract concluded away from business premises or remotely within 14 days from the date of issue of the item, by submitting a written statement (without the need to justify the reason for the withdrawal).
- Withdrawal dates: The 14-day withdrawal period begins with the receipt of the goods by the consumer or a third party other than the courrier, as indicated by the Consumer.
- In the Consumer's declaration on withdrawal from the contract on the basis of the right described in Chapter III, paragraph 1 of the Regulations, it is advisable for the Consumer to provide:
- a) Personal details (name and surname)
b) The exact address
c) The name, numbers and quantity of the goods
d) The form in which he wishes to receive a refund for payment for the goods ordered (optionally by postal order or bank transfer); depending on the form of refund, he should indicate the delivery address or bank account number to which the refund is to be made,
e) In order to be valid, a statement by the consumer must state that he considers the contract not concluded or not valid
f) Proof of purchase (this may be a copy of the proof of purchase) which was issued for the purchase of products by the Customer, printout of the confirmation of transfer of money as a price, etc.). In the declaration of withdrawal from the contract, the Customer may also indicate the form in which he wishes to return the goods: courier, postal services, or in person at the registered office of the Stationary Shop, etc.
- The withdrawal form can be found on the website of the Stationary Shop.
- The Consumer's declaration of withdrawal should be sent to: Do Huty 37C, 33-100 Tarnów or by e-mail in the form of a scan to firstname.lastname@example.org
- Effects of withdrawal from the contract - the basic effect of withdrawal from the contract is to release the Consumer from all obligations.
- Conditions of withdrawal from the agreement - withdrawal from the agreement may take place when what the parties provided is returned in the unchanged state, unless the change was necessary within the limits of the so-called ordinary management.
- The liability for the use of the goods beyond what is necessary to examine them will not be subject to compensation. The seller may reimburse the consumer the amount of the value of the goods reduced by an amount corresponding to the decrease in the value of the goods which may be caused by the mishandling the goods other than what is necessary to establish the characteristics, functionality and nature of the goods, in particular in cases where the Consumer:
- a) Destroys the original packaging
b) Attempts to assemble the product (remove more than one item from the cardboard, tear apart the screwed plastic bags, remove the safety elements)
c) Damages the removed component
d) Exceeds normal management and thereby diminishes the value of the goods in any other way
- Reimbursement of the costs of delivery of the Goods in case of withdrawal from the contract. If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him. Thus, the Seller returns to the Consumer the equivalent of the cheapest transport of the available for a given Purchase.
- Cases where the Consumer loses the right to withdraw from the contract:
- a) Service contracts where the trader has performed the service in full with the express consent of the consumer, who has been informed before the service that after the trader has performed the service, he will lose the right to withdraw from the contract.
b) Contracts for a customized products made to the consumer's specifications or intended to meet his personalized needs (on special order).
c) Contracts for services or goods which, by their nature, are linked with other goods after delivery.
- d) Contracts where the consumer has expressly requested the trader to come to him for urgent repair or maintenance.
- Return of goods
- The goods should be immediately sent back to the Seller, but not later than within 14 days from the date of the Consumer's statement on withdrawal from the contract.
- Return address: Do Huty 37C, 33-100 Tarnów.
- Costs of returning the Goods in case of withdrawal from the contract shall be borne by the Consumer.
- The Consumer is obliged to secure the returned Goods in such a way that they are not destroyed during transport. For any damage to the Goods during transport leading to a reduction in their value shall be borne by the Consumer and the Seller may refund the consumer the amount of the value of the goods reduced by an amount corresponding to the reduction in the value of the goods.
- Return of payment
- Deadline for returning payment to the Consumer: The trader is obliged to return all payments made by the Consumer without delay, not later than within 14 days of the date of receipt of the consumer's statement on withdrawal from the contract, subject to the provisions of point. III.8 and 9, including the costs of delivery of the Goods subject to points III.10 and IV.4.
- Money for the returned Goods will be sent by postal order or bank transfer to the account, depending on which version of settlement was chosen by the Consumer in the statement on withdrawal from the contract.
- The Stationary Shop may withhold the return of payment until the complete Goods have been returned.
- Under the warranty - the Seller is liable to the Customer if the Product sold has a physical or legal defect. This Applies to Sales Agreements concluded from 25 December 2014; legal basis: Civil Code Act of 23 April 1964. (Journal of Laws No. 16, item 93 as amended) and other generally applicable provisions of law
- Physical defect - the Seller is liable under warranty for physical defects that existed at the time of the transfer of danger to the Customer or that resulted from a fault in the sold Product at the time of purchase. A physical defect refers to the inconsistency of the Product sold with the Sales Agreement.
- Legal defect - the Seller is liable towards the Customer if the Product sold is the property of a third party or if it is encumbered with the rights of a third party, as well as if the limitation in the use or disposal of the Product results from a decision or ruling of a competent authority; in the case of sale of rights, the Seller is also responsible for the existence of the law.
- The Seller shall be liable under warranty for physical defects that existed at the time of the transfer of danger to the Customer or that resulted from a cause inherent in the sold Product at the same time. If the Customer is a consumer and the physical defect has been discovered within one year from the date of delivery of the Product sold, it is presumed that the defect or its cause existed at the time when the danger passed to the Customer.
- The Seller is liable under warranty if a physical defect is found within two years from the date of delivery of the Product to the Customer. In order to exercise rights under the warranty for legal defects of the sold Product, the provisions relating to physical defects shall apply, with the provison that the period for exercising rights under the warranty shall start from the date on which the Customer became aware of the existence of the defect, and if the Customer became aware of the existence of the defect only as a result of a third party action - from the date on which the decision issued in a dispute with a third party became legally binding.
- Physical defects of the Merchandise shall not be deemed to be characteristic features of the type of material selected by the Customer, in particular:
a) Differences in shades of blinds and blinds made of material and wood;
b) Knots visible on solid wood/bamboo blinds and blinds made of material and wood;
c) Change in shade of blinds made of material and solid wood/bamboo, due to atmospheric factors
d) Slight deformation of wood/bamboo elements,
e) Deformation of the fabric under due to ambient conditions of the room,
f) Day and night fabrics - displacement of the pattern
g) Wear and tear during usage
- The consumer may assert his rights under the Manufacturer's warranty or guarantee.
- Significant defect - a condition allowing the Consumer to submit a request to withdraw from the contract on account of warranty. It is not possible to withdraw from the contract in the case of an insignificant defect (e.g. paint chipping, minor cracking, non-painting, stain). The severity of the defect must be analyzed taking into account its relevance to the intended use and purpose. In the case of a non-material defect, we use Complaint procedures.
- Complaints should be submitted to the seller (from whom the product was purchased) in writing under pain of nullity. The written notification should include the name of the product, a description of the defect and contact details. A proof of purchase of the product is required when making a complaint. The guarntee period is calculated from the date of sale of the Goods to the Customer and amounts to:
- Roller blinds, gates, bars - 24 months,
- Horizontal aluminum and wooden blinds - 24 months,
- Vertical blinds - 24 months,
- Plated blinds - 24 months,
- Textile blinds - 24 month,
- Track Panel Curtains - 24 months
- Frame and roller insect shields - 24 months
- Other accessories - according to the manufacturer's guarantee.
- The guarantee is valid on condition that the installation is carried out in accordance with the "Installation Instructions" and that the Goods are properly maintained and used (as intended).
- Liability under the guarantee occurs only in the event of full payment of amounts due to the Seller (Manufacturer).
- The customer is obliged to cover the travel costs of the guarantee service in the event of an unjustified complaint.
- During the guarantee period, any defects that are defects in the production process or hidden defects in the material shall be rectified free of charge. The Seller undertakes to repair the goods or replace them with goods without defects.
- The Seller shall not bear any costs caused by a defect in the Goods other than those specified in section 5.
- The choice of the method of realization of the guarantee claim is left to the discretion of the Seller.
- The Customer is obliged to collect the goods in quantity and quality in the scope of apparent defects, which cannot be the basis for a complaint after the receipt of roller blinds or gates. Visible defects are considered to be incompatibilities: dimensions, divisions, colors and mechanical damage.
- There is no delay in handling the complaint if the Manufacturer's representative reports to the Customer within the agreed time limit in order to handle the complaint (inspection, repair or replacement of the product) and is not able to perform this action for reasons attributable to the Customer. The complaint handling time is then extended by the time resulting from the delay. If the customer makes it impossible to inspect, repair or replace the product twice, he shall be deemed to have waived any claims and the claim shall be treated as unfounded.
- The guarantee does not cover defects, faults and damages resulting from the use of the product:
- Installation not in accordance with the instructions,
- Structural changes made by the Customer,
- Misuse of the product
- Lack of proper maintenance
- Improper usage
- Mechanical damage resulting from transport and assembly performed by the Customer himself or as a result of instability of the structures in which the Goods are installed.
- Installing goods in an environment exposed to high corrosiveness,
- Problems with the operation of the electrical equipment due to interference from other equipment.
- The guarantee expires in the event of a change in the place of installation of the goods or a change in the owner of the Goods if the new owner, despite a request and giving him a reasonable period of time, does not provide his data to the extent and purpose necessary to provide the service or to conclude and perform the guarantee agreement.
- The guarantee is valid only in the territory of Poland and covers products purchased and installed in the territory of Poland.
- Before shipment to the customer, the ordered Goods are subject to a thorough quality and quantity check, without violating the original packaging of the manufacturer.
- Electronic complaint form can be downloaded from the website.
- A completed complaint form and an and attached photo should be sent to : Do Huty 37C, 33-100 Tarnów or via email to email@example.com
- Complaints will be considered by the Complaints Department within 14 days from the date of receipt of a complete complaint by the Stationary Shop.
- In the Client's statement containing a complaint about the purchased Goods, it is advisable for the Client to provide:
a) name and surname
c) phone number
d) the reason for the complaint,
e) proof of purchase, which was issued for the sale of the products complained of by the Customer,
f) demand for actions to be taken by the Seller:
- a refund when other activities prove impossible
- If the complaint is accepted, the goods which are not in accordance with the contract will be repaired or replaced and transport costs associated with this replacement shall be borne by the Seller. If this is not possible, the Seller shall refund the equivalent of the price of the ordered goods or reduce the price of the ordered goods.
- Information on acceptance or rejection of the complaint will be sent to the Customer at the address provided in the complaint form.
- In case of "cash on delivery" or shipments sent at the recipient's expense addressed to the Stationary Store or the company's registered office will not be collected by the addressee.
- Any doubts related to complaints can be explained at by contacting: firstname.lastname@example.org or by calling +48 14 629-81-06 / 608-261-262 / 660-734-400. Tariff of charges for telephone calls according to the charges of the caller's operator. Telephone costs are subject to the tariff offered by the client's provider.
- Out-of-court complaint handling and redress procedures
- In the event that the Seller does not accept the Consumer's complaint and the Consumer does not agree with his decision, the Consumer may request mediation or settlement before the Permanent Consumer Arbitration Court ("Court of Arbitration"), acting at the competent Provincial Inspectorate of the Commercial Inspectorate.
- The case may be brought before the Court of Arbitration by the Consumer, but also by the Contracting Authority who is not a Consumer, by submitting an appropriate application (depending on the chosen method of resolving the case, it may be an application for initiating and conducting mediation or for the case to be examined by the Court of Arbitration) to the Provincial Inspectorate of the Commercial Inspectorate competent in the territory of the Voivodeship.
- The application forms referred to above are available on the website of the Provincial Inspectorates of the Trade Inspectorates, the list of which with contact details is available on the website www.uokik.gov.pl.
- The settlement of a dispute through mediation is voluntary and is not subject to administrative or judicial enforcement and is not subject to appeal. Settlement of a dispute as a result of mediation does not affect the possibility of referring the case to a common court of law or the Court of Arbitration.
- If a case is referred to the Arbitration Court, the settlement and the judgments issued by this court have the force of a judgment of the common court. A complaint may be lodged with a common court against the verdict issued by the Court of Arbitration. In the event that the Parties conclude a settlement before the Arbitration Court, the Parties cannot appeal against it.
- The Contracting Authority, being a Consumer, also has the right to refer the case for consideration by the Municipal or County Consumer Ombudsman or may seek assistance from the locally competent Consumers' Federation. Information about the Consumer Federation can be found at the following address: http://www.federacja-konsumentow.org.pl.
- Protection of personal data.
On the basis of the regulations on personal data protection, we would like to inform you that:
1) Your personal data is administered by the Seller and processed in accordance with the following rules.
2) Your personal data will be processed for the purpose of concluding a sales contract and the processing is based on a sales contract or on actions taken at your request to conclude it (Article 6(1)(b) of GDPR) or on a legitimate interest in the processing of data for the purpose of establishing, pursuing or defending possible claims (Article 6(1)(f) of GDPR)
3) Your personal data will be passed on to the recipients of the data,
within the meaning of data protection regulations: entities providing postal, courier, accounting and IT services,
4) Your personal data will be kept until the end of the investigation and for archival purposes
5) You have the right of access to the content of your data and the right to rectify, delete, limit the processing, the right to data transfer, the right to object,
6) You have the right to lodge a complaint with the supervisory authority - the President of the Office for the Protection of Personal Data, if you believe that the processing of personal data concerning you violates the provisions on the protection of personal data;
7) Your personal data is voluntary. You are obliged to provide them and the consequence of not providing personal data will result in failure to conclude a contract. You can withdraw your consent at any time.
XII. Final provisions.
- Securing and making available important provisions of the sales agreement concluded with the Customer within the scope of the Online Shop's activity takes place by printing and handing over to the Customer the Proof of Purchase together with the shipment containing the ordered goods and the subject regulations.
- The law applicable to the contract of sale of goods between the Online Shop and the Customer is Polish law, in particular the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827.), unless the law states otherwise.
- The place of jurisdiction for disputes arising from the sales contract shall be the court having jurisdiction according to the general rules.
- These regulations shall be effective as of 01.01.2019.