WEBSITE REGULATIONS
These Regulations define the general conditions, rules and manner of sales conducted by Mesonica sp. z o.o. based in Krakow, through the mesonica.pl website (hereinafter referred to as the “Website”) and sets out the terms and conditions for providing free electronic services by Mesonica sp. z o.o. based in Krakow.
§ 1 Definitions
1.Business days – means the days of the week from Monday to Friday, excluding public holidays.
2.Delivery – means an actual act of supplying the User with the Goods specified in the order by the Service Provider via the Supplier.
3.Supplier – means an entity with whom the Service Provider cooperates in making the Delivery of Goods:
a) courier company;
b) forwarding company.
4.Password – means a sequence of letter, digital or other characters chosen by the User during the Registration process at the Website, used in order to secure access to the User’s Account at the Website.
5.User – shall mean the entity to whom, in accordance with the Regulations and legal provisions, electronic services may be provided or with whom a Sales Agreement may be concluded.
6.Consumer – means a natural person making a legal action with the entrepreneur which is not directly related to his/her economic or professional activity.
7.User Account – means a panel individual for each User, launched on his behalf by the Service Provider, after the User’s registration and conclusion of the service agreement for maintaining the User Account.
8.Entrepreneur – means a natural person, legal person or organizational unit not being a legal person but to which the law grants legal capacity, conducting business or professional activity in its own name and performing a legal action directly related to its business or professional activity.
9.Entrepreneur with Consumer rights – means a natural person entering into a Sales Agreement directly related to his/her business activity, when the content of the Sales Agreement indicates that it is not of a professional nature for this Entrepreneur, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
10.Regulations – means these Regulations.
11.Registration- means an actual act performed in the manner specified in the Regulations, required for the User to use all functionalities of the Website.
12.Service Provider – shall mean Mesonica sp. z o.o. with its registered office in Kraków (30-554), ul. Zamknięta 10 lok. 1.9, Tax Identification Number (NIP): PL9452213785, Business Identification Number (REGON): 368573305, entered in the register of entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, XII Economic Department of the National Court Register under KRS number 0000700850, with share capital of 100,000 PLN; e-mail: sklep@mesonica.pl, which is also the owner of the Website.
13.Website – means the website, under which the Service Provider operates the Website, operating in the domain pl.
14.Goods – means the product presented by the Service Provider via the Website, which may be subject to a Sales Agreement.
15.Permanent carrier – means a material or instrument which enables the User or Provider to store information addressed personally to him/her in a manner allowing future access to information for a period of time adequate to the purposes of such information and which allows for the reconstruction of the stored information in an unchanged form.
16.Sales Agreement – means a contract of sale concluded remotely, under the terms specified in the Regulations, between the User and Service Provider.
§2 General provisions and use of the Website
1.All rights to the Website, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Website, as well as to the templates, forms, logotypes placed on the Website (except for logotypes and photographs presented on the Website for the purpose of presentation of goods, the copyrights to which belong to third parties) belong to the Service Provider and may be used only in the manner specified and in accordance with these Terms and Conditions and with the Service Provider’s written consent.
2.The Service Provider shall make every effort to ensure that use of the Website is possible for Internet users with the use of all popular web browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Website are web browsers with at least Internet Explorer 11 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or later, with Javascript enabled, accepting cookies and with an Internet connection of at least 256 kbit/s. The Website is optimized for a minimum screen resolution of 1024×768 pixels.
3.The Service Provider uses the mechanism of “cookies” files, which are saved by the server of the Service Provider on the hard drive of the User’s final device when the User uses the Website. The use of cookies is aimed at proper functioning of the Website on the end devices of the Users. This mechanism does not damage the User’s terminal equipment and does not cause any configuration changes in the User’s terminal equipment or in the software installed on such equipment. Each User can disable the “cookies” mechanism in the web browser of his final device. The Service Provider points out, however, that disabling cookies may cause difficulties or make it impossible to use the Website.
4.In order to place an order on the Store’s Website and to use the services available on the Website, it is necessary for the User to have an active e-mail account.
5.It is forbidden for the User to provide illegal content and to use the Website, the Internet Site or free services provided by the Service Provider, in a manner contrary to the law, morality or violating personal interests of third parties.
6.Service Provider declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Users’ data by unauthorized persons, therefore Users should use appropriate technical measures to minimize the above mentioned risks. In particular, they should use anti-virus programs and programs protecting the identity of those using the Internet. The Service Provider shall never ask the User to provide the Password in any form.
7.It is not permissible to use the resources and functions of the Website for the purpose of carrying out activities by the User, which would infringe the Service Provider’s interest, i.e. advertising activities of another company or product; activities consisting of posting content unrelated to the Service Provider’s business; activities consisting of posting false or misleading content.
§ 3 Registration
1.In order to create a User Account, the User is required to complete a free of charge Registration.
Registration is not necessary in order to place an order on the Website.
2.In order to register, the User must complete the registration form made available by the Service Provider on the Website and send the completed registration form electronically to the Service Provider by selecting the appropriate function on the registration form. During the Registration the User sets an individual Password.
3.When completing the registration form the User has the opportunity to become familiar with the Terms and Conditions by accepting its content by marking the appropriate field in the form.
4.After submitting the completed registration form the User immediately receives a confirmation of the Registration by the Service Provider via email to the email address provided in the registration form. At this moment the contract for electronic provision of the service Keeping the User Account is concluded and the User obtains the possibility of access to the User Account and of making changes in the data provided during the Registration.
§ 4 Orders
1.The information contained on the Website does not constitute an offer by the Service Provider within the meaning of the Civil Code, but only an invitation to Users to submit offers to conclude a Sales Agreement.
2.User may place orders:
a) through the Store’s Website. Goods are added to the order by selecting the command “Add to cart” under the given Goods presented on the Store’s Website,
b) via e-mail, 7 days a week, 24 hours a day.
3.The User has the possibility of placing an individual order, in which the Goods shall be made according to his/her specification or shall serve to satisfy his/her individual needs. For this purpose, the User, completing the preliminary order, may choose the model of Goods he/she is interested in from those presented by the Service Provider on the Website, specifying its properties or assigning features strictly related to his/her person, in particular: color, type of finish, type of material and other individual features which the User would like to place on the chosen Goods. After completing the preliminary order, the User submits to the Service Provider a request for quotation and the possibility of carrying out the order according to the presented specification, by sending an electronic message to the e-mail address provided by the Service Provider.
4.After receiving from the User an e-mail message referred to in § 5.3, the Service Provider shall send the User a return message via e-mail, indicating whether it is possible to carry out the presented order according to the User’s specification, thus providing his registration data, the price and possible forms of payment and the method of Delivery together with its cost, as well as information about all additional payments to be made by the User under the Sales Agreement. The message also contains information for the User that conclusion of the Sales Agreement by the User via e-mail entails an obligation to pay for the ordered Goods. On the basis of the information provided by the Service Provider, the User may place an order by sending an email to the Service Provider indicating the chosen form of payment and method of Delivery.
5.Placing an order constitutes an offer by the User to the Service Provider to conclude a contract of sale for the Goods being the subject of the order.
6.After placing an order, the Service Provider sends a confirmation of the order to the e-mail address provided by the User.
7.Subsequently, after confirmation of the order placement, the Service Provider shall send to the e-mail address provided by the User information about acceptance of the order for execution. The information about acceptance of the order for execution is the Service Provider’s statement of acceptance of the offer referred to in §5.5 above and upon its receipt by the User the Sales Agreement is concluded.
8.Upon conclusion of a Sales Agreement, Service Provider shall confirm its terms and conditions to the User by sending them on a durable medium to the User’s e-mail address or in writing to the address specified by the User during Registration or order placement.
§ 5 Payments
1.Prices on the Site placed next to the given Goods are gross prices and do not include information about delivery costs and any other costs which the User will be obliged to incur in connection with the sales agreement, of which the User shall be informed while choosing the manner of delivery and placing the order.
2.The User may choose the following forms of payment for the ordered Goods:
a) bank transfer to the Service Provider’s bank account (in this case, order processing will commence after the Service Provider has sent the User a confirmation of acceptance of the order and after the funds have been credited to the Service Provider’s bank account);
b) electronic payment system Przelewy24 operated by PayPro S.A. (in this case processing of the order shall be initiated after the Service Provider sends the User a confirmation of acceptance of the order and after receiving information from the Przelewy24 system that the payment has been successfully completed).
Available forms of payment:
Payment cards:
* Visa
* Visa Electron
* Mastercard
* MasterCard Electronic
* Maestro
3.The User should make payment for the order in the amount resulting from the concluded Sales Agreement within 7 working days, if he chose the form of prepayment.
4.If the User fails to make the payment within the period referred to in §6.3 of these Terms and Conditions, Service Provider shall set an additional time limit for the payment and inform the User about it on a durable carrier. The information about the additional time limit for payment shall also include information that upon the ineffective expiry of this period, the Service Provider shall withdraw from the Sales Agreement. If the second deadline for payment expires ineffectively, the Service Provider shall send the User a statement of withdrawal from the contract on a durable medium pursuant to Article 491 of the Civil Code. 5.
5.Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund, which does not involve any costs for him.
§ 6 Delivery
1.The Service Provider carries out the Delivery in the territory of the European Union.
2.The Service Provider is obliged to deliver the Goods being the subject of the Sales Contract without defects.
3.The period for Delivery and order completion indicated on the Site is counted in working days in accordance with §6.2 of the Terms and Conditions.
4.The ordered Goods are delivered to the User by the Supplier to the address indicated in the order form.
5.The User cannot collect the ordered Goods in person.
6.On the day of dispatch of the Goods to the User, information confirming the dispatch by the Provider shall be sent to the User’s e-mail address.
7.The User is obliged to examine the delivered parcel within the time and in the way accepted for parcels of a given type. In case of any defect or damage to the parcel, the User has the right to demand from the Provider’s employee to write an appropriate protocol.
8.The Service Provider shall send to the User’s email address provided in the order form a VAT invoice including delivered Goods in the form of an electronic file in PDF format. In order to open the file, the User should have free software compatible with PDF format. For this purpose, the Service Provider recommends Adobe Acrobat Reader, which can be downloaded free of charge at http://www.adobe.com.
In order to receive a VAT invoice, the User shall declare at the moment of purchase that he buys the Goods as an Entrepreneur (taxpayer). The above declaration is made by notifying the Service Provider at the time of order placement.
§ 7 Retention
1.The Service Provider ensures the Delivery of Goods free of physical and legal defects. The Service Provider is liable to the User if the Goods have a physical or legal defect (warranty).
2.If the Goods have a defect, the User may:
a) make a statement to reduce the price or withdraw from the Sales Agreement, unless the Service Provider immediately and without excessive inconvenience for the User will replace the defective Goods with defect-free ones or will remove the defect.
This restriction shall not apply if the Goods have already been replaced or repaired by the Service Provider, or the Service Provider has failed to satisfy the obligation to replace the Goods with defect-free ones or to remove the defects. The User may, instead of the remedy for defects proposed by the Service Provider, demand the replacement of the Goods for defect-free one or, instead of the replacement of the Goods, demand the removal of defects, unless bringing the Goods to conformity with the agreement in the manner selected by the User is impossible or requires excessive costs in comparison with the manner proposed by the Service Provider. In the assessment of the excessive costs, the value of the defect-free Goods, the type and significance of the defect and the inconvenience to which the User would be exposed by other means shall be taken into account.
The User may not withdraw from the Sales Agreement if the defect is insignificant.
b) demand to replace the defective Goods with Goods free from defects or remove the defect. The Service Provider shall replace the defective Goods with defect-free ones or remove the defect within a reasonable time without undue inconvenience for the User.
The Service Provider may refuse to satisfy the User’s request if bringing the defective Goods into conformity with the Sales Agreement in a manner chosen by the User is impossible or, compared with other possible ways of bringing them into conformity with the Sales Agreement, would require excessive costs. The cost of repair or replacement shall be borne by the Service Provider. 3.
3.The User who exercises his/her rights under the warranty is obliged to deliver the defective item to the Service Provider’s address. If the user is a consumer, the cost of delivery is covered by the service provider.
4.The Service Provider is liable under the warranty if the physical defect is discovered before the expiration of two years from the date of delivery of the Goods to the User. The claim to remove the defect or replace the Goods with goods free from defects expires after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period of time the User can withdraw from the Sales Agreement or make a declaration of price reduction due to defects in the Goods. If the User has requested to replace the Goods with defect-free ones or to remove the defect, the time limit for withdrawal from the Sales Agreement or make a declaration of price reduction shall commence upon ineffective expiry of the time limit for replacement of the Goods or removal of the defect.
5. Any complaints related to the Merchandise or performance of the Sales Agreement, the User may submit in writing to the address of the Service Provider.
6. The Service Provider within 14 days from the date of the request containing the complaint, will respond to the complaint about the Goods or the performance of the Sales Agreement reported by the User.
7. The User may submit a claim to the Service Provider in connection with the use of free services provided electronically by the Service Provider. A complaint may be submitted in electronic form and sent to sklep@mesonica.pl. The User should include a description of the problem in the complaint. The Service Provider shall investigate the complaint and respond to the User without delay, but no later than within 14 days.
In addition, the User has the opportunity to send photographic documentation of the advertised Goods to the e-mail address of the Service Provider, on the basis of which the Service Provider will consider the complaint of the Goods within 14 (fourteen) days from the date of receipt of e-mail.
9.The Service Provider does not use out-of-court dispute resolution as referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.
§ 8 Warranty
1.Goods sold by the Service Provider may be under warranty granted by the manufacturer of the Goods or distributor.
2.In the case of Goods covered by the guarantee, information on the existence and content of the guarantee shall be each time presented at the Site.
§ 9 Withdrawal from Sales Agreement
1.The User who is a Consumer and Entrepreneur with Consumer rights who entered into a Sales Agreement may withdraw from it within 14 days without giving any reason.
2.Period for withdrawal from the Sales Agreement starts from the moment of taking possession of the Goods by the Consumer, Entrepreneur with rights of the Consumer or a third party appointed by them other than the carrier.
3.The Consumer and Entrepreneur with Consumer’s rights may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Service Provider. This statement may be submitted, for example, in writing to the address of the Service Provider, ie: Mesonica sp. z o.o., ul. Zamknięta 10 lok. 1.9, 30-554 Kraków, or by e-mail to the Service Provider’s address, i.e.: sklep@mesonica.pl. The statement may be submitted on a form, a specimen of which has been posted by the Service Provider on the Website at the following address: Withdrawal Form. Sending the declaration before its expiry is sufficient to meet the deadline.
4.The Consumer and Entrepreneur with rights of the Consumer may withdraw from the Agreement by submitting to the Service Provider a statement of withdrawal via the form available on the Website at the address: Electronic Withdrawal Form. To meet the deadline it is sufficient to send the statement before its expiry. The Service Provider shall immediately acknowledge to the Consumer and Entrepreneur with rights of the Consumer the receipt of the form submitted via the website.
5.In the event of withdrawal from the Sales Contract, it shall be considered not concluded.
6.If the Consumer or Entrepreneur with consumer rights has made a statement of withdrawal from the Sales Agreement before the Service Provider has accepted his offer, the offer shall cease to be binding.
7.Service Provider is obliged to reimburse all payments made by the Consumer or Entrepreneur with consumer rights, including the cost of delivery of the Goods to the Consumer or Entrepreneur with consumer rights immediately, but no later than within 14 days from the date of receipt of the Consumer’s or Entrepreneur’s notice of withdrawal from the Sales Agreement. The Service Provider may withhold reimbursement of payments received from the Consumer or Entrepreneur with Consumer rights until it receives back the Goods or the Consumer or Entrepreneur with Consumer rights provides evidence of returning the Goods, whichever event occurs first.
8.If the Consumer or Entrepreneur with the rights of the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary means of delivery offered by the Service Provider, the Service Provider shall not be obliged to reimburse the Consumer or Entrepreneur with the rights of the Consumer the additional costs incurred by him.
9.The Consumer or Entrepreneur with rights of the Consumer is obliged to return the Goods to the Service Provider immediately, but no later than within 14 days from the date of withdrawal from the Sales Agreement. To meet the deadline it is sufficient to send back the Goods to the Service Provider: Mesonica sp. z o.o., ul. Cementowa 10, 30-740 Kraków, before the deadline.
10.In the case of withdrawal, the User who is a Consumer or Entrepreneur with rights of Consumer shall bear only direct costs of return.
11.If, due to its nature, the Goods cannot be returned in the normal way by post, the Service Provider shall inform the Consumer and Entrepreneur with the rights of the Consumer of the cost of returning the item on the Website or by e-mail.
12.The Consumer and Entrepreneur with rights of the Consumer shall be liable for diminished value of the Goods resulting from the use of the Goods beyond the manner necessary to ascertain the nature, characteristics and functioning of the Goods.
13.Service Provider shall refund the payment using the same method of payment as the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights expressly agreed to another way of return, which does not involve any costs for him.
14.Right of withdrawal from the sales contract does not apply to the Consumer and Entrepreneur with rights of the Consumer in relation to contracts, in which the Goods is a thing not prefabricated, produced to the specification of the Consumer, Entrepreneur with rights of the Consumer or to meet his individual needs.
§ 10 Free services
1.The Service Provider provides to the Users, by electronic means, free of charge services:
a) Contact form;
b) Newsletter;
c) User Account.
2. The services indicated in §11 point 1 above shall be provided 7 days a week, 24 hours a day.
3. Third Service Provider reserves the right to choose and change the type, form, time and manner of access to selected listed services, of which the User shall be informed in the manner appropriate for the amendment of the Regulations.
4. The Contact Form service consists of sending a message to the Service Provider using the form available on the Website.
5. Resignation from the free Contact Form service is possible at any time and consists in stopping sending requests to the Service Provider.
6. The Newsletter service may be used by each User who enters his/her email address using the registration form provided by the Service Provider on the Site. Upon submitting a completed registration form, the User shall immediately receive an activation link by email to the email address provided in the registration form, in order to confirm subscription to the Newsletter subscription service. As soon as the User activates the link, an agreement for Newsletter service provision shall be entered into electronically.
7. The Newsletter service shall consist in sending by the Service Provider, to an email address, an email message containing information about new products or services offered by the Service Provider. The Newsletter shall be sent by the Service Provider to all Users who subscribed to it.
8. Each Newsletter sent to the User data shall include in particular: information about the sender, filled in “subject” field, defining the content of the message and information about the possibility and manner of resignation from the Newsletter unpaid service.
9. The User may unsubscribe from the Newsletter subscription service at any time through unsubscribe link contained in each email message sent within the Newsletter service or through deactivation of the relevant field in the User Account.
10. The User Account Service is available after registration under the terms described in the Terms of Use and consists in making available to the User a dedicated panel on the Website, allowing the User to modify the data provided during Registration, as well as to track the status of orders and history of orders already completed.
11. The user who has completed the Registration may request the Service Provider to remove the User Account, and in the case of request to remove the User Account by the Service Provider, it may be removed up to 14 days from the date of request.
12.Service Provider is entitled to block the access to the User Account and free services, if the User acts to the detriment of Service Provider, i.e. The Service Provider is entitled to block the access to the User Account and free services in the case of acting by the User to the detriment of other Users, i.e. advertising another entrepreneur or product; activity consisting in posting content that is not related to the Service Provider’s business; activity consisting in posting false or misleading content, as well as in the case of acting by the User to the detriment of other Users, violation by the User of the law or the provisions of the Terms of Use, and also when blocking the access to the User Account and free services is justified by security reasons – in particular by the User’s breaking the security of the Website or other hacking activities. Blocking access to the User Account and free services for the aforementioned reasons shall last for the period necessary to resolve the issue constituting the basis for blocking access to the User Account and free services. The Service Provider shall notify the User about blocking the access to the User Account and free services by e-mail to the address provided by the User in the registration form.
§ 11 Personal Data Protection
1.The principles of personal data protection are described in the Privacy Policy.
§ 12 Termination of the contract (not applicable to Contracts of Sale)
1.Both the User and the Service Provider may terminate the contract for the provision of services by electronic means at any time and without giving reasons, provided that the rights acquired by the other party before termination of the contract and the provisions below.
2. A user who has completed the Registration terminates the agreement for the provision of services by electronic means, by sending a statement of intent to the Service Provider, using any means of remote communication, allowing the Service Provider to learn of the statement of intent of the user.
2.Service Provider shall terminate the agreement for the provision of services by electronic means by sending a statement of intent to the User at the e-mail address provided by the User during Registration.
§ 13 Final provisions
1.Service Provider is liable for failure to perform or improper performance of the contract, but in the case of contracts concluded with Users who are Entrepreneurs Service Provider is liable only in the case of intentional damage and within the limits of losses actually incurred by the User who is an Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Website.
3. In the event of a dispute arising on the basis of the concluded Sales Agreement, the parties will seek to resolve the matter amicably. Polish law is applicable to resolve any disputes arising under these Regulations.
4. Service Provider informs the User who is a Consumer of the possibility to use out-of-court procedures for handling complaints and claims. The rules of access to these procedures are available at the headquarters or on the website of entities authorized to out-of-court dispute resolution. They may be in particular consumer ombudsmen or Provincial Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
The Service Provider informs that at the address: http://ec.europa.eu/consumers/odr/ a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available.
5.Service Provider reserves the right to change these Terms and Conditions. All orders accepted by the Service Provider for execution before the date of entry into force of the new Regulations are carried out under the Regulations that were in force on the date of order placement by the User. The change of the ToS shall become effective within 7 days of its publication on the Website. The Service Provider shall inform the User about the change of Regulations 7 days before the new Regulations come into force through an e-mail message containing a link to the text of the amended Regulations. If the User does not accept the new content of the Regulations, he is obliged to notify the Service Provider, which results in termination of the contract in accordance with the provisions of § 13 of the Regulations.
6.Contracts with the Service Provider are concluded in Polish.
7.The Regulations shall enter into force on 1.01.2021.