Statute

§1.GENERAL PROVISIONS

1. Online Store available at https://ms-group.pl/en/sklep/ is run by the owners of the limited liability company M.S. Group entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy under the number: 0000627485, REGON: 36494008900000, NIP: 5213741504
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.

§2. Basic Terms

1. Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
2. Seller – legal entity – M.S. Group limited liability company entered into the Central Register and Information on Economic Activity of the Republic of Poland  under the number: 0000627485, REGON: 36494008900000, NIP: 5213741504
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person, legal person and organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
5. Store – an online store run by the Seller at the Internet address https://ms-group.pl/en/sklep/
6. Distance contract – contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
7. Regulations – these Store regulations.
8. Order – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
9. Account – customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.
10. Formularz rejestracji – formularz dostępny w Sklepie, umożliwiający utworzenie Konta.
11. Registration form – a form available in the Store that allows you to create an Account.
12. Shopping Cart – an element of the Store’s software, in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Product – a movable item / service / software available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – in accordance with the features of the Product – a contract for the provision of services and a contract for specific work.

§3. Contact with the Store

1. Seller’s addressy: M.S. Group Sp. z o.o. ul. Majowa 24, 05-090 Wypędy.
2. Seller’s e-mail address: sklep@ms-group.pl
3. Seller’s telephone number: +48577447404, +48577 449 446.
4. Seller’s bank account number: 66 1140 2004 0000 3602 7875 8451
5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph
6. The Customer may communicate by phone with the Seller between 9:00 am and 4:30 pm on business days.

§4. Technical requirements

1. To use the Store, including viewing the Store’s assortment and placing orders for Products, you must:

• • terminal device with access to the Internet and a web browser,
  • correct, real and active e-mail account,
  • correct, real and active mobile phone number,
  • enabled cookies

§5. General information

1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
3. The prices given in the Store, depending on the product, are given in Polish złoty or in EUR and are gross prices (including VAT).
4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s website when placing the Order, including when expressing will to be bound by the Sales Agreement.
5. In the case of an Agreement including subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the settlement period.
6. When the nature of the subject of the Agreement does not allow, judging reasonably, to calculate the final (final) price in advance, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs, will be provided in the Store in the Product description.

§6. Creating an Account in the Store

1. To set up an Account in the Store, place the integration Registration form. It is necessary to enter the data:
   a. Display name / Company – name that will be the customer’s representative name in the Application, thanks to which the Seller will be able to easily identify the Customer
   b. E-mail – the Customer’s e-mail address that will be used for e-mail notifications with information about the change in the status of the Order, significant changes to the Application or will be used to contact the Seller electronically with the Customer
   c. Password.
2. Creating an Account in the Store is free.
3. To log in to your account, the following conditions must be met:
   a.The Customer is obliged to activate his account using the activation link, which is sent to the e-mail address provided when creating the Account; during activation, the Customer will be required to create a password needed to log in to his Account in the Application,
   b.The Seller voluntarily, after correct verification of the Customer, accepts the Customer’s account in the Application.
4. Logging in to the Account is done by entering the login and password set in the Registration Form.
5. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§7. Rules for placing an Order

To place an Order, you must:

1. log in to the Store (optional);
2. select the Product that is the subject of the Order, and then click the “Add to Cart” button (or equivalent);
3. if the option of placing an Order without registration has been chosen – fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details, if different from the recipient’s details,
4. click the “Finalize order” button and confirm the order by clicking the link sent in the e-mail,
5. choose one of the available payment methods and depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.

§8. Delivery and payment methods 

1. The Customer may use the following methods of delivery or collection of the ordered Product:
   a. Courier delivery
   b. Personal collection available at the Seller’s contact address.
2. The customer can use the following payment methods:
   a. payment on personal collection
   b. cash on delivery
   c. payment by bank transfer to the Seller’s account
   d. electronic payments
   e. payment by credit card.
3. The entity providing online payment services is Blue Media S.A.
4. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

§9. Execution of the sales contract

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. If the customer chooses:
   a. payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
   b. payment on delivery , the Customer is obliged to make the payment upon delivery.
   c. cash payment on personal pickup, the Customer is obliged to make the payment on delivery within 14 days from the date of receipt of information about the readiness of the shipment for collection.
4. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
5. When ordering Products with different delivery times, the delivery date is the longest given date.
6. The start of the period for delivery of the Product to the Customer is counted as follows:
   a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
   b. If the Customer chooses the method of payment on delivery – from the date of the Sale Agreement,
7. If the Customer chooses to collect the Product personal, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order.
8. In the case of ordering Products with different terms of readiness for collection, the date of readiness for collection is the longest given date.
9. The beginning of the Product’s readiness for collection by the Customer is counted as follows:
   a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
   b. If the Customer chooses cash on delivery – from the date of the Sale Agreement.
10. Product delivery takes place within the European Union. To order to another country, please contact the Seller in advance.
11. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the “Delivery costs” tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
12. Personal collection of the Product by the Customer is free of charge.

§10. The right to withdraw from the contract

1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
3. In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, batch or part.
4. In the case of an Agreement that consists in the regular delivery of Products for a specified period (subscription), the date specified in paragraph 1 runs from taking possession of the first thing.
5. The consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of this period. We encourage you to use the prepared return form: DOWNLOAD RETURN FORM
6. The statement may be sent by traditional post office or by electronic means by sending the statement to the Seller’s e-mail address, the Seller’s contact details are specified in § 3.
7. In the event of sending the statement by the Consumer electronically, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
8. Consequences of withdrawal from the Agreement:
   a. In the event of withdrawal from a Distance Agreement, the Agreement shall be deemed not to have been concluded.
   b. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the method of delivery chosen by the Consumer. other than the cheapest standard delivery method offered by the Seller.                                                                                                                                                                                                  c. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
   d. The Seller may withhold the reimbursement until the Product is returned or until proof of its return is provided to him, whichever occurs first.
   e. The consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
   f. The consumer bears the direct costs of returning the Product, including the costs of returning the Product, if, due to its nature, the Product could not be returned by regular parcel post
   g. The consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the cost of returning the Product, will be included in the Product description in the Store.
10. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
    a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs,
    b. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery,
    c. in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
    d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement,
    e. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement,
    f. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
    g. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
    h. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery,
    i. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
    j. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the Contract,

    §11. Complaint and warranty

    1. The Sale Agreement covers new and used Products. The condition of each used Product is described in detail on the Store’s website.
    2. The seller is obliged to provide the customer with an item free from defects, unless the product description clearly provides otherwise.
    3. In the event of a defect in the goods purchased from the Seller, the description of which does not indicate a defect-free product, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.
    4. Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Regulations.
    5. It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, details of the customer submitting the complaint, and the customer’s request in connection with the defect of the goods
    6. The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was considered justified.
    7. Goods returned as part of the complaint procedure should be sent to the address given in § 3 of these Regulations.
    8. If a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store. The seller will also attach a warranty card to the sold Product.

    §12. Out-of-court ways of dealing with complaints and redress

    1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Inspection Trade and at the following internet addresses of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/spory_konsumenckie.php ;
    2. The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
       a.The consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
       b.The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
       c. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

    §13. Personal data in the Online Store

    1. The administrator of personal data of Customers collected via the Online Store is the Seller
    2. Customers’ personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
    3. The recipients of personal data of the Customers of the Online Store may be:
       a.In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
       b.In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the Customer’s collected personal data to the selected entity servicing the above payments in the Online Store.
    4. The customer has the right to access their data and correct them.
    5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
    6. The period of data processing by the Administrator depends on the type of service provided and the purpose of processing. As a rule, the data is processed for the duration of the service or the performance of the order, until the consent is withdrawn or an effective objection to data processing is raised.

    §14. Final Provisions

    1. Contracts concluded through the Online Store are concluded in Polish/English
    2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
    3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.
    4. The customer has the right to use out-of-court complaint and redress methods. For this purpose, he may submit a complaint via the EU ODR internet platform available at: https://ec.europa.eu/consumers/odr/