Regulamin sklepu

WHOLESALE REGULATIONS


Wholesale Regulations for MAXY.PL Online Shop

Concerns B2B (business-to-business) sales


  1. GENERAL PROVISIONS


  1. 1. MAXY.PL is an online shop run by Mateusz Lasota – a business under the name ISO TRADE Mateusz Lasota entered into the Central Registration and Information on Economic Activity (CEIDG) of the Republic of Poland kept by the minister responsible for economy, with the following address and place of business and address for delivery: ul. Hangarowa 15, 59-220 Legnica, NIP 6912221018, REGON 020206884, e-mail address: hurt@maxy.pl, phone numbers: +48664995011 and +48660249102.

  2. The following Regulations and the MAXY.PL Online Shop are intended only for entrepreneurs concerning B2B sales.

  3. Via the Online Store, the Seller only sells wholesale to business entities and issues a VAT invoice for each order ("Customer").

  4. Using the services of the Online Shop implies acceptance of these Regulations.

  5. The Seller reserves the right to modify the technical method of implementing the functionality of the Online Shop, according to the scope and conditions resulting from the rights held, as well as according to the technical possibilities.

  6. The provisions of the Regulations do not infringe upon the Customers' rights under generally applicable laws, in particular the Civil Code.

  7. The terms used in the Regulations have the following meanings:

    1. ES Act – ustawa z 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną (Dz.U. z 2002 r. Nr 144, poz. 1204 z późn. zm.) [Act on the provision of electronic services].

    2. CC – ustawa z 23 kwietnia 1964 r. Kodeks cywilny (Dz.U. 1964 Nr 16, poz. 93 ze zm.) [Civil Code].

    3. CR Act – ustawa z 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych (tj.: z 17 maja 2006 r. – Dz.U. 2006 Nr 90, poz. 631, z późn. zm.) [Act on copyright and related rights].

    4. TL – ustawa z 16 lipca 2004 r. prawo telekomunikacyjne (tj.: Dz.U. z 26 lutego 2014 r. poz. 243) [Telecommunications Law].

    5. Goods – a movable item, which is the subject of the Sales Contract.

    6. Sales Contract – a contract for the sale of Products within the meaning of the Civil Code, concluded between the Seller and the Customer: using means of distance communication – in the Online Shop.

    7. VAT Act – ustawa z 11 marca 2004 r. o podatku od towarów i usług (Dz. U. z 2011 r. Nr 177, poz. 1054, z późn.zm.) [Act on tax on goods and services].

    8. Order – Customer's declaration of will, aimed directly at concluding a Distance Sale Contract via the Online Shop or by phone, specifying the type and / or number of Products and other content prescribed by law.

    9. Business Day – one day from Monday to Friday, excluding public holidays.

    10. Registration Form – a form available in the Online Shop that enables creation of an Account.

    11. Order Form – Electronic Service, an interactive form available in the Online Shop that enables placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of payment.

    12. Customer – (1) a natural person with full legal capacity for whom the use of the Website, including the conclusion of Sales Contract, is directly related to its business or professional activity (i.e. not being a consumer in this case); (2) legal person; or (3) an organisational entity without legal personality, which the act recognises as having legal capacity; – who has concluded or intends to conclude a Sales Contract with the Seller.

    13. Product – a service available in the Online Shop that is not an Electronic Service or a movable item that is the subject of the Sales Contract between the Customer and the Seller.

    14. Regulations – these regulations of the Online Shop.

    15. Online Shop – the Service Provider's online shop available at the Internet address: www.maxy.pl.

    16. Seller; Service Provider – Mateusz Lasota running a business under the name ISO TRADE Mateusz Lasota entered into the Central Registration and Information on Economic Activity (CEIDG) of the Republic of Poland kept by the minister responsible for economy, with the following address and place of business and address for delivery: ul. Hangarowa 15, 59-220 Legnica, NIP 6912221018, REGON 020206884, e-mail address: hurt@maxy.pl, phone numbers: +48664995011 and +48660249102.

    17. Sales Contract – a contract for the sale or making a Product concluded between the Customer and the Seller via the Online Store.

    18. Electronic Service – a service provided electronically by the Service Provider to the Service Recipient via the Online Shop.

    19. Service Recipient – (1) a natural person with full legal capacity for whom the use of the Website, including the conclusion of Sales Contract, is directly related to its business or professional activity (i.e. not being a consumer in this case); (2) legal person; or (3) an organisational entity without legal personality, which the act recognises as having legal capacity; – using or intending to use the Electronic Service.

  8. The Online Shop Regulations define the rules of using the Online Shop by Customers. The Seller runs the Online Shop in which he:

    1. enables Customers to conclude Sales Contracts,

    2. informs the Customers about the Products available in the Online Shop.

  9. The Online Shop Regulations apply accordingly to Orders placed by phone, provided that the Customer has specified his e-mail address during the phone contact. In such a situation, the conclusion of the Sales Contract takes place in accordance with the Regulations of the Online Shop.

  10. Information about the Products, in particular their descriptions, technical and performance parameters and prices given in the Online Shop constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.

  11. Information about the price provided in the Online Shop is binding from the moment the Customer receives an e-mail confirming the acceptance of the Order. This price will not change regardless of subsequent price changes in the Online Shop, which may occur for individual Products.


  1. ELECTRONIC SERVICES IN THE ONLINE SHOP


  1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.

  2. Account – the use of the Account is possible after completing two consecutive steps by the Service Recipient – (1) filling in the Registration Form, (2) clicking the "Zarejestruj konto" [Register an account] button. In the Registration Form, it is necessary for the Service Recipient to provide the following data: name and surname / company name, address (street, house / flat number, postal code, town or city, province, country), e-mail address, contact phone number, password, TIN.

  3. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: hurt@maxy.pl or in writing to the following address: ul. Hangarowa 15, 59-220 Legnica.

  4. Order Form – the use of the Order Form begins while the Customer adds the first Product to the electronic basket in the Online Shop. Placing an Order occurs after the Customer completes two subsequent steps – (1) completing the Order Form and (2) clicking the "Potwierdź zamówienie" [Confirm order] button on the Online Shop website after completing the Order Form – until then it is possible to modify the provided data (to that end the displayed messages and information available on the website of the Online Shop should be followed). In the Order Form, it is necessary for the Customer to provide the following data: name and surname / company name, address (street, house / flat number, postal code, town or city, country), e-mail address, contact phone number and data regarding the Sales Contract: Product(s), quantity of the Product(s), place and method of delivery of the Product(s), method of payment. In case of Customers who are not consumers, it is also necessary to provide the company name and TIN.

  5. The Order Form Electronic Service is provided free of charge and is a one-off service which ends when the Order is placed through it or when the Customer ceases placing the Order through it.

  6. Newsletter – the use of the Newsletter takes place after entering the name and e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Shop website and clicking the "Zapisz się" [Subscribe] button, and then confirming the disposition to register for the Newsletter by clicking on confirmation link sent automatically to the e-mail address provided. Subscription to the Newsletter can also be chosen by selecting the appropriate checkbox when creating an Account – upon creating the Account, the Customer is subscribed to the Newsletter.

  7. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: hurt@maxy.pl or in writing to the following address: ul. Hangarowa 15, 59-220 Legnica.

  8. Technical requirements necessary for using the Service Provider's ICT system: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.

  9. Service Recipient is obliged to use the Online Shop in a manner consistent with the law and public decency, with respect for the personal rights and copyrights as well as intellectual property of the Service Provider and third parties. Service Recipient is obliged to enter factually correct data. Service Recipient is prohibited from providing illegal content.


  1. WARRANTY FOR DEFECTS, RETURNS


  1. If, after the ownership of the goods is transferred to the Buyer, the Buyer finds that the goods have physical or legal defects, the Buyer may:

  1. submit a complaint to the Seller under the warranty for defects.

  1. In case of mechanical damage caused during delivery or in the event of a complaint being sent to the Seller, the Buyer should fill in the appropriate form on the Seller's website maxy.pl, and may also send additional information about this fact by letter or by e-mail to the address maxyserwis@iso-trade.eu or call the Shop about this matter. The notification should specify the defect that the Buyer believes the goods have and, if possible, supply evidence for the defect. The Seller within 30 days of receiving the notification will respond to it and, if the notification is justified, will take steps to remove the identified defect.

  2. Transport of the goods under the warranty is carried out at the expense of the Seller via a courier company selected by him, unless the Seller has informed that the goods will be picked up by him or a person authorised by him. MAXY.PL does not accept COD shipments.

  3. When collecting the parcel, the buyer is obliged to acknowledge its receipt in the presence of the courier with a note that the parcel was delivered undamaged or that the parcel shows signs of damage with a description of the damage.

  4. MAXY.PL is liable under the warranty for physical or legal defects of the goods sold only if they are found within two years from the delivery of the goods to the Buyer, in accordance with art. 568 § 1-5 of the Civil Code. The Buyer loses the rights specified in Art. 568 § 1-5 of the Civil Code, if he does not notify the Seller about this fact immediately after finding the defect (Art. 563 § 1-2 and Art. 564 of the Civil Code).

  5. The person responsible for managing the complaint process on behalf of MAXY.PL is the Complaints Manager.

  6. The Shop is not responsible for shortages or surpluses of the delivered Goods in packages originally closed in China, not repackaged and not opened by the Shop. In this regard, the Shop's liability under the warranty for defects is excluded.



  1. WITHDRAWAL FROM A CONTRACT

  1. Ustawa z dnia 30 maja 2014 r. o prawach konsumenta (Dz.U. 2014 poz. 827 ze zm.) [Act on consumer rights] does not apply to Sales Contracts concluded between Entrepreneurs.

  2. The Customer – Entrepreneur and Non-Registered Entrepreneur – may not withdraw from the Sales Contract without giving a reason and without bearing the costs.

  3. Upon the reception of the Product by the courier from the Seller, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer. In that event, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer.

  4. After receiving the parcel containing the Product, the Customer is obliged to immediately inspect the parcel in time and in the manner accepted for such parcels.

  5. In the event of finding that during the transport there was a loss or damage to the Product, the Customer is obliged to perform all actions necessary to determine the courier's liability, including writing a damage report in the presence of the courier.

  6. In the event of finding that the delivered Product does not comply with the placed Order, the Products are missing in the shipment, the Product has a physical defect being a problem of the Product itself, the Customer is obliged to write a report in the presence of the courier with a detailed description of any identified non-conformities, deficiencies or defects. The report should be signed by the Customer and the courier. Any complaints not confirmed by a protocol will be considered groundless and will not be considered.



V. ORDERS

  1. In the Online Shop the Customer may place an Order for selected Products. The Sales Contract for the Products will be concluded when the Customer receives an e-mail entitled Potwierdzenie wpłynięcia zamówienia [Order receipt confirmation].

  2. In order to conclude a Sales Contract of a Product in the Online Shop, the Product available in the Online Shop should be selected and an Order should be placed, taking further technical steps based on the information displayed in the Online Shop.

  3. Placing an Order is possible after accepting the Regulations and the Privacy Policy.

  4. Information about the availability of the Product is provided each time with the Product or during contact with the Customer.

  5. The Seller may provide the Customer with free services consisting in informing the Customer via e-mail and / or text message about the current status of the Order.

  6. The Order will be processed, provided that the Products are available. If the Product is unavailable, the Customer will be immediately informed about the waiting time for the Order, with a request to confirm the will to continue its implementation or to cancel the Order due to the permanent lack of Products.

  7. The Seller in the Online Shop issues invoices in traditional paper or in electronic form in PDF format. The Seller sends an electronic invoice to the Customer to the e-mail address provided to the Online Shop, within 7 days from the date of dispatch of the Goods or in paper form together with the Goods.

  8. Orders are processed in the order in which they are received, until stocks are exhausted.

  9. The Seller is not responsible for Orders unrealized due to technical reasons (malfunction of systems, networks, etc.), however, after identifying the error, will make every effort to fix it.

  10. The condition for the fulfillment of the Order is the presence of Goods in the warehouse and / or at the Seller's suppliers.

  11. In the absence of the ordered goods in warehouses, the customer will be informed about the fact.



VI. METHOD AND DATE OF PAYMENT

  1. In the Online Shop both net and gross (including VAT) prices are provided. The price posted in the Online Shop does not include VAT, if the Sales Contract is subject to the VAT reverse charge mechanism; in this case, the Customer is obliged to settle the VAT on the terms specified in generally applicable law.

  2. The price given for each Product is binding from the moment of placing the Order by the Customer.

  3. The Online Shop provides the Customer with the following payment methods:

    1. Payment in cash upon personal collection.

    2. Payment by bank transfer to the Seller's bank account: 21 1090 1522 0000 0001 3587 9609.

    3. Payment by bank transfer to the Seller's bank account, appropriate for the currency in which the Buyer received the pro forma. Account numbers (PLN, EUR, CZK) appear on the pro forma issued by our employee and sent via e-mail from hurt@maxy.pl.

    4. Electronic payments and card payments via PayPal.com – currently possible payment methods are specified on the Online Shop website in the information tab or on the website www.paypal.com.

  4. The Customer is obliged to make the payment within 7 calendar days from the conclusion date of the Sales Contract.

  5. In the absence of payment to the MAXY.PL account or in cash within 7 days of placing the Order, the Seller will cancel the Order placed by the Customer.


VII. COST, METHODS AND DELIVERY TIME, PRODUCT COLLECTION

  1. Product delivery is also available outside the territory of the Republic of Poland – costs are determined on the basis of the price list of international shipments. The total delivery costs will be indicated after placing the Order in the pro forma sent by our employee from the e-mail address hurt@maxy.pl.

  2. Delivery of the ordered Goods in Poland takes place by own transport or by DPD courier. Delivery costs are PLN 0 for orders with a value higher than PLN 500 net. For orders with a lower value, the shipping cost is added – PLN 12 gross for each package. After the Order is placed, the total delivery costs will be indicated in the pro forma sent by our employee.

  3. Personal collection of the Product by the Customer is free of charge.

  4. The Seller provides the Customer with the following methods of delivery or collection of the Product:

    1. Courier delivery,

    2. Pallet delivery,

    3. Personal collection available at: ul. Hangarowa 15, 59-220 Legnica – on Business Days from 09:00 to 15:00.

  5. The time for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In case of ordering together Products with different delivery times, the delivery date is the longest given date, which, however, may not exceed 7 Business Days. The start of the period for delivery of the Product to the Customer is counted as follows:

    1. If the Customer chooses the method of payment by bank transfer, electronic payment or card payment – from the date of crediting the payment on the Seller's bank account or settlement account.

    2. If the Customer chooses the method of payment in cash on delivery – from the date of concluding the Sales Contract.

  6. The time for the Product to be collected by the Customer – if the Customer selects personal collection of a Product, the Product will be ready for collection by the Customer within 3 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In case of ordering together Products with different times of readiness for collection, the date of readiness for collection is the longest time provided, which, however, may not exceed 1 Business Day. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:

    1. If the Customer chooses the method of payment by bank transfer, electronic payment or card payment – from the date of crediting the payment on the Seller's bank account or settlement account.

    2. If the Customer chooses the method of payment in cash upon personal collection – from the date of concluding the Sales Contract.

VIII. ADDITIONAL PROVISIONS

  1. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Contract.

  2. Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.

  3. Upon the reception of the Product by the courier from the Seller, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer. In that event, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer nor for delay in transporting the shipment.

  4. In case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Customer an appropriate statement.

  5. The liability of the Service Provider / Seller towards the Service Recipient / Customer, regardless of its legal basis, is limited – both within a single claim, as well as for all claims in total – up to the amount of the paid price and delivery costs under the Sales Contract, but no more than up to PLN 500. The Service Provider / Seller is liable to the Service Recipient / Customer only for typical damages predictable at the time of concluding the contract and is not responsible for the profits lost by the Service Recipient / Customer.

  6. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient shall be submitted to the court having jurisdiction over the place of business of the Seller / Service Provider.

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