Categories
Online Store Regulations
§1 General Provisions
1.1. These regulations govern the rules of using the Online Store operated
at www.sklep.megal.pl,
1.2. The online store, operating atwww.sklep.megal.pl (hereinafter referred to as the Megal Online Store,is operated by MEGAL Sp. z o.o., entered into the National
Court Register maintained by the District Court for the Capital Cityof Warsaw in Warsaw, 14th Commercial Division under number 0000095968,NIP: 532-17-90-965, REGON: 017447883. (hereinafter referred to as"Megal").
1.3. Contact details of the entrepreneur, enabling the Buyer to contact the Seller:
1) postal address: 04-202 Warsaw, ul. Marsa 13;
2) telephone number 22 612-00-12;
3) e-mail address: megal@megal.pl.
1.4. The Megal online store regulations arecontinuously posted on the sklep.megal.pl website in a way that allowsCustomers to obtain, reproduce and record their content. The regulationsare also made available to Customers before concluding an agreement.
§ 2 Definitions
The terms used in these regulations mean:
2.1. Consumer - a natural person within the meaning of art. 221 of the Civil Code,
2.2. Entrepreneur with consumer rights - a naturalperson concluding an agreement directly related to their businessactivity, when it results from the content of this agreement that itdoes not have a professional character for this person, resulting inparticular from the subject of the business activity performed by them,made available on the basis of the provisions on the Central Registerand Information on Business Activity,
2.3. Entrepreneur - means a natural person, legalperson or organizational unit that is not a legal person, to whom thelaw grants legal capacity, conducting business or professional activityon its own behalf and performing a legal act directly related to itsbusiness or professional activity,
2.4. Service Provider/Seller - Megal Sp. z o.o. 04-202 Warsaw ul. Marsa 13
2.5. Online store - online store operated at sklep.megal.pl by Megal Sp. z o.o.
2.6. Civil Code - Act of 23 April 1964 (Journal of Laws 2020.1740),
2.7. Goods and Services - all services provided andgoods that are the subject of the sales agreement between the seller andthe buyer
2.8. Regulations - these regulations for theprovision of services by electronic means within the meaning of art. 8of the Act on the provision of services by electronic means of 18 July2002 (Journal of Laws 2020.344),
2.9. Customer/Buyer – a natural person, legal personor organizational unit that is not a legal person, to which specialprovisions grant legal capacity, who places or plans to place an Orderwithin the Online Store using electronic means, including the Consumer,the Entrepreneur with consumer rights and the Entrepreneur,
2.10. Order – a declaration of will of the Customer,in which the Customer accepts the Seller's sales offer, which includesin particular the price, type, quantity of Goods or Services as part ofthe sale via the online store.
2.11. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws 2020.287).
§ 3 Rules of using the online store
3.1.The prices of all goods and services offered by the Store are grossprices (include VAT) and are expressed in Polish zloty. Any deviationsfrom the Polish currency principle are clearly indicated.
3.2. The prices displayed on the Megal storewebsite, as well as the descriptions of goods and services, constituteonly commercial information, not an offer within the meaning of theCivil Code.
They become binding only upon confirmation of the acceptance of the order for execution by the Seller.
3.3. The Seller uses discount codes in the Megalonline store, which authorize the purchase of goods with a discountplaced on the coupon. Discount codes cannot be exchanged for a monetaryequivalent.
3.4. To place an order in the Megal online store, acceptance of these Regulations is necessary.
3.5. To effectively place an order in the Megalonline store, it is necessary to have a device with Internet access thatallows browsing websites, as well as a keyboard or other device thatallows the correct completion of electronic forms. It is recommended touse the latest versions of web browsers: Firefox, Chrome, InternetExplorer, Microsoft Edge, Opera, Safari for OS X, etc.
3.6. The Online Store website uses Responsive Web Design (RWD) technology,
which adapts the content of the website to the device on which it isdisplayed. The Store website is prepared to be displayed on both desktopcomputers and mobile devices.
3.7. The Megal Online Store website has an SSL certificate - a secure communication encryption protocol.
§ 4 Terms of concluding a sales agreement
4.1. Orders in the Megal online store can be placed by filling in the appropriate forms available on the store's website.
4.2. When placing an order, the Customer is requiredto provide correct personal data: name and surname, address, e-mailaddress and mobile phone number.
4.3. After receiving the order, the Seller confirmsits receipt and at the same time informs about the acceptance of theOrder for execution. Confirmation of the order is made by sending theSeller an appropriate e-mail message to the Customer to the addressprovided in the order form. At the moment of confirmation of theacceptance of the order for execution by the Seller, the agreement isconsidered to be concluded.
4.4. The content of the sales agreement is madeavailable and recorded by making these Regulations available on theOnline Store website, sending appropriate information to the Customer'se-mail address provided when placing the order, referred to in §4 point4.2.
4.5. Orders can be placed in the Megal online store 24 hours a day, every day of the year.
§ 5 Payment method and payment deadline
5.1. In the Megal store, it is possible to pay in one of the following ways:
- bank transfer to the Seller's bank account,
- payment in cash or by payment card upon personal collection.
- via payment services of external providers.
5.2. After placing the order, the Customer receivesby e-mail a bank account number to which the appropriate amount shouldbe transferred. Once the payment has been confirmed in the Megal store'sbank account, the order is forwarded for execution.
5.3. The Megal online store allows payment via the following external electronic payment services such as:
- Tpay.com
5.4. The Customer is obliged to make the paymentusing one of the above methods within 7 calendar days from the date ofconclusion of the sales agreement.
§ 6 Delivery
6.1. The ordered goods are delivered only within the territory of the Republic of Poland
and takes place at the address indicated by the Customer in the order form.
6.2. The shipping time of the goods is indicated onthe Megal Online Store pages and varies depending on the selectedproduct. The Seller will make every effort to deliver the goods withinthe time specified in the product card in the online store. In the eventthat the goods cannot be delivered within the above-mentioned time, theBuyer will be informed immediately.
6.3. The delivery of the ordered Goods is carried out via:
- DHL Parcel
- UPS
- GLS
- InPost Courier
- Fedex
- Poczta Polska
- InPost Paczkomaty
6.4. At the time of handing over the goods to thecourier company, the Buyer is notified of this fact by sending an e-mailto the address provided in the order.
6.5. The Customer may also collect the ordered goodsin person at the headquarters or Production Plant of Megal - dependingon the selected product. In the case of personal collection, the Buyerdoes not bear the costs of delivering the goods.
6.6. The costs of delivering the Goods, which, in addition to the price of the Goods, are borne by the Customer, are given on the
Shop website when placing the Order.
6.7. At the time of accepting the goods, theCustomer is obliged to confirm their receipt. From that moment on, thegoods become the property of the Customer.
§ 7 Withdrawal from the contract
7.1. Withdrawal from the contract and returns do not apply to products made to the Buyer's individual order.
7.2. The Buyer who is a Consumer or an Entrepreneurwith consumer rights, who has concluded a distance contract or anoff-premises contract, has the right to withdraw from the concludedcontract for the sale of finished goods within 14 days from the date ofdelivery of the goods to him without giving a reason.
7.3. In the event of exercising the right referredto in the preceding point, the Buyer should inform the Seller about thisby submitting a declaration of withdrawal, which may be sent by post tothe address 04-202 Warsaw ul. Marsa 13. To meet the deadline, it issufficient to send the declaration before its expiry. A declaration ofwithdrawal submitted after the deadline referred to in §7 point 7.1 doesnot produce legal effects.
7.4. The withdrawal form (Annex No. 1 to these
Regulations) is located on the store's website at sklep.megal.pl.
7.5. The cost of returning the goods is borne by the Buyer.
7.6. The Buyer is obliged to properly secure the returned goods so as to prevent their
damage in transport. The consumer or entrepreneur with consumer rights bears the direct costs of returning the goods.
7.7. The consumer or entrepreneur with consumerrights is obliged to return the goods immediately, but no later thanwithin 14 days from the date on which he withdrew from the contract. TheSeller may stipulate that in the event of withdrawal from the contract,the item subject to return will be collected by him or a personauthorized by him.
7.8. If the delivered goods are incomplete or showsigns of use, the Seller reserves the right to refuse to accept theshipment or to reduce the amount returned by the equivalent of thedamaged goods.
7.9. In the event of withdrawal from the contract,the equivalent of the returned product will be transferred to theindicated bank account of the Buyer immediately, but no later thanwithin 14 days from the date of receipt by the Seller of the Buyer'sdeclaration of withdrawal from the contract with the provided accountnumber.
7.10. The Seller declares that the refund of thepayment referred to in § 7 point 7.9 of the Regulations will be madeusing the same method of payment as used by the Buyer. The Seller, inagreement with the Buyer, may establish a different method of refund,which will not involve the Buyer incurring additional costs.
7.11. The Seller declares that the right to withdraw does not apply to
contracts included in art. 38 of the Act of 30.5.2014 - on consumer rights.
7.12. By concluding an agreement, the Consumer orEntrepreneur with consumer rights confirms that they have read thecontent of these regulations, including confirming that they have beennotified of the right to withdraw from the concluded sales agreementwithin 14 days from the date of delivery of the goods to them.
§8 Complaints
8.1. The basis and scope of the Seller's liability towards the Customer, due to non-compliance
of the Product with the Agreement are specified by generally applicable legal regulations and
the following provisions of the Regulations.
8.2. The Seller is obliged to deliver the product without defects.
8.3. In the event of a defect being found in theevent of a complaint being sent to the Seller, the Buyer should sendinformation about this fact by mail to the address 04-202 Warsaw ul.Marsa 13 or by e-mail to megal@megal.pl. In the notification, it isrecommended to indicate the defect that the Customer believes the goodshave and, if possible, document the defect in question, the date ofoccurrence of the defect, the request for a method of bringing the goodsinto compliance with the contract in accordance with art. 560 et seq.of the Civil Code and provide contact details.
The above requirements are recommendations, their absence does not affect the effectiveness of the complaint.
8.4. The Seller will respond to the notification within 14 days of receiving the notification.
8.5. Detailed information on the possibility for theCustomer who is a Consumer to use out-of-court methods of handlingcomplaints and pursuing claims and the rules of access to theseprocedures are available at the offices and on the websites of district(municipal) consumer ombudsmen, social organizations whose statutorytasks include consumer protection, Voivodship Inspectorates of the TradeInspection and at the following websites of the Office of Competitionand Consumer Protection:
8.5.1. http://www.uokik.gov.pl/spory_konsumenckie.php;
8.5.2. http://www.uokik.gov.pl/sprawy_indywidualne.php;
8.5.3. http://www.uokik.gov.pl/wazne_adresy.php.
8.6. A Customer who is a Consumer has in particular(but not exclusively) the following exemplary possibilities of usingout-of-court methods of handling complaints and pursuing claims:
8.6.1. The Customer is entitled to apply to apermanent consumer arbitration court, referred to in art. 37 of the Actof 15 December 2000 on the Trade Inspection (consolidated text: Journalof Laws of 2019, item 1668, as amended), with a request to resolve adispute arising from the concluded Sales Agreement. The regulations forthe organization and operation of permanent consumer arbitration courtsare specified in the regulation of the Minister of Justice of 6 July2017 on the determination of the regulations for the organization andoperation of permanent arbitration courts at the provincial inspectorsof the Trade Inspection. (Journal of Laws of 2017, item 1356).
8.6.2. The Customer is entitled to apply to theprovincial inspector of the Trade Inspection, in accordance with art. 36of the Act of 15 December 2000 on the Trade Inspection (consolidatedtext: Journal of Laws of 2019, item 1668, as amended), with a requestfor an out-of-court resolution of the dispute between the Customer andthe Seller. Information on the rules and procedure of the mediationprocedure conducted by the provincial inspector of the Trade Inspectionis available at the offices and on the websites of the individualProvincial Inspectorates of the Trade Inspection.
8.6.3. The Customer may file a complaint via the ODRonline platform: http://ec.europa.eu/consumers/odr/. The ODR platformis also a source of information on forms of out-of-court resolution ofdisputes that may arise between entrepreneurs and Consumers.
§9 Rules for publishing opinions
9.1. Each buyer/customer may publish opinions aboutthe product/service in the appropriate place on the Store's website. Theopinion should be written in Polish, in accordance with the rules ofcorrect Polish.
9.2. Opinions are subjective statements of Customers. The Seller is not responsible for their content.
9.3. The Buyer/Client declares that their statementdoes not violate applicable legal regulations or the rights of thirdparties. They are fully responsible for the statements they have postedin the Megal Online Store.
9.4. The submitted opinion is subject toverification by the Seller in terms of checking whether the opinion doesnot contain content of a prohibited nature, i.e. in particular when theopinion violates applicable regulations, contains prohibited content,advertising content, personal data, violates copyrights, etc.
§10 Warranty
10.1. The Seller grants a 12-month warranty for the purchased goods, the period of which begins on the date of receipt or delivery.
10.2. Warranty rights are related to the right ofownership and arise at the time of settlement of all payments related tothe delivered goods.
10.3. The Seller guarantees high quality of theproducts and their compliance with the relevant standards and tolerancesappropriate for the type of products.
The following standards apply to glass: PN-EN ISO 12543-5; PN-EN ISO 12543-6; PN-EN 1279.
Special glass may be permanently marked with the Manufacturer's mark with a diameter of 30 mm.
10.4. The warranty does not cover:
a) mechanical damage caused by the fault of the Buyer or third parties,
b) damage resulting from use not in accordance with the instructions for use and service provided by the Seller to the Buyer
c) damage caused by incorrect assembly
d) damage caused by normal wear and tear
10.5. Processed goods are not subject to complaint.
10.6. Reports of hidden defects must be submitted inwriting, immediately, i.e. within three days of their discovery, withan unambiguous definition of the subject of the complaint and the typeof defect.
10.7. Under the guarantee, the Seller has the right to choose one of the following forms of fulfilling the warranty obligations:
a) repair of the complained product,
b) replacement of the defective product,
c) granting a discount objectively corresponding to the identifieddefect and the reduction in utility value caused by this defect.
Any other possibilities of fulfilling the guarantee than the above are excluded.
10.8. The Seller is obliged to respond to the complaint within two weeks.
10.9. Fulfillment of the warranty obligations shouldtake place as soon as possible, unless for other reasons (e.g. weatherconditions) the Parties have agreed on a different deadline for removingthe defects.
The deadline for performing the service may change for reasons beyondthe control of "Megal" Sp. z o.o., about which the Buyer will beinformed.
§ 11 Personal data
11.1. The Seller is the administrator of personal data.
11.2. The principles of personal data protection canbe found in the Privacy Policy of the Megal online store, available atsklep.megal.pl.
§ 12 Final provisions
12.1. The Seller reserves the right to introducechanges to these Regulations for important reasons. Any changes to theRegulations shall enter into force on the appropriate date indicated bythe Seller, but no sooner than 7 days.
12.2. The amended Regulations bind theBuyer/Customer if the requirements specified in art. 384 and 384[1] ofthe Civil Code have been met, i.e. they have been properly notified ofthe changes and have not terminated the agreement within 14 calendardays from the date of notification.
12.3. In accordance with art. 8 sec. 3 item 2 letterb of the Act of 18 July 2002 on the provision of services by electronicmeans, the entity using the online store website is obliged not toplace illegal content on this website.
12.4. In matters not regulated by these regulations,the relevant provisions of the Civil Code and the Act of 30 May 2014 -on consumer rights will apply.
12.5. These Regulations are available at the internet address sklep.megal.pl.
12.6. Agreements with the seller are concluded in Polish.
12.7. The regulations enter into force on December 14, 2021.
