Statute
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 at www.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 City of 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 are continuously posted on the sklep.megal.pl website in a way that allows Customers to obtain, reproduce and record their content. The regulations are 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 natural person concluding an agreement directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity,
2.3. Entrepreneur - means a natural person, legal person or organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business 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 and goods that are the subject of the sales agreement between the seller and the buyer
2.8. Regulations - these regulations for the provision of services by electronic means within the meaning of art. 8 of the Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws 2020.344),
2.9. Customer/Buyer – a natural person, legal person or organizational unit that is not a legal person, to which special provisions grant legal capacity, who places or plans to place an Order within 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 includes in particular the price, type, quantity of Goods or Services as part of the 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 gross prices (include VAT) and are expressed in Polish zloty. Any deviations from the Polish currency principle are clearly indicated.
3.2. The prices displayed on the Megal store website, as well as the descriptions of goods and services, constitute only commercial information, not an offer within the meaning of the Civil 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 Megal online store, which authorize the purchase of goods with a discount placed on the coupon. Discount codes cannot be exchanged for a monetary equivalent.
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 Megal online store, it is necessary to have a device with Internet access that allows browsing websites, as well as a keyboard or other device that allows the correct completion of electronic forms. It is recommended to use the latest versions of web browsers: Firefox, Chrome, Internet Explorer, 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 is displayed. The Store website is prepared to be displayed on both desktop computers 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 required to provide correct personal data: name and surname, address, e-mail address and mobile phone number.
4.3. After receiving the order, the Seller confirms its receipt and at the same time informs about the acceptance of the Order for execution. Confirmation of the order is made by sending the Seller an appropriate e-mail message to the Customer to the address provided in the order form. At the moment of confirmation of the acceptance of the order for execution by the Seller, the agreement is considered to be concluded.
4.4. The content of the sales agreement is made available and recorded by making these Regulations available on the Online Store website, sending appropriate information to the Customer's e-mail address provided when placing the order, referred to in §4 point 4.2.
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 receives by e-mail a bank account number to which the appropriate amount should be transferred. Once the payment has been confirmed in the Megal store's bank 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 payment using one of the above methods within 7 calendar days from the date of conclusion 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 on the Megal Online Store pages and varies depending on the selected product. The Seller will make every effort to deliver the goods within the time specified in the product card in the online store. In the event that the goods cannot be delivered within the above-mentioned time, the Buyer 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 the courier company, the Buyer is notified of this fact by sending an e-mail to the address provided in the order.
6.5. The Customer may also collect the ordered goods in person at the headquarters or Production Plant of Megal - depending on the selected product. In the case of personal collection, the Buyer does 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, the Customer is obliged to confirm their receipt. From that moment on, the goods 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 Entrepreneur with consumer rights, who has concluded a distance contract or an off-premises contract, has the right to withdraw from the concluded contract for the sale of finished goods within 14 days from the date of delivery of the goods to him without giving a reason.
7.3. In the event of exercising the right referred to in the preceding point, the Buyer should inform the Seller about this by submitting a declaration of withdrawal, which may be sent by post to the address 04-202 Warsaw ul. Marsa 13. To meet the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal submitted after the deadline referred to in §7 point 7.1 does not 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 consumer rights is obliged to return the goods immediately, but no later than within 14 days from the date on which he withdrew from the contract. The Seller may stipulate that in the event of withdrawal from the contract, the item subject to return will be collected by him or a person authorized by him.
7.8. If the delivered goods are incomplete or show signs of use, the Seller reserves the right to refuse to accept the shipment or to reduce the amount returned by the equivalent of the damaged goods.
7.9. In the event of withdrawal from the contract, the equivalent of the returned product will be transferred to the indicated bank account of the Buyer immediately, but no later than within 14 days from the date of receipt by the Seller of the Buyer's declaration of withdrawal from the contract with the provided account number.
7.10. The Seller declares that the refund of the payment referred to in § 7 point 7.9 of the Regulations will be made using the same method of payment as used by the Buyer. The Seller, in agreement 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 or Entrepreneur with consumer rights confirms that they have read the content of these regulations, including confirming that they have been notified of the right to withdraw from the concluded sales agreement within 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 the event of a complaint being sent to the Seller, the Buyer should send information 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 is recommended to indicate the defect that the Customer believes the goods have and, if possible, document the defect in question, the date of occurrence of the defect, the request for a method of bringing the goods into 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 the Customer who is a Consumer to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and at the following websites of the Office of Competition and 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 using out-of-court methods of handling complaints and pursuing claims:
8.6.1. The Customer is entitled to apply to a permanent consumer arbitration court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The regulations for the organization and operation of permanent consumer arbitration courts are specified in the regulation of the Minister of Justice of 6 July 2017 on the determination of the regulations for the organization and operation of permanent arbitration courts at the provincial inspectors of the Trade Inspection. (Journal of Laws of 2017, item 1356).
8.6.2. The Customer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request for an out-of-court resolution of the dispute between the Customer and the Seller. Information on the rules and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of the individual Provincial Inspectorates of the Trade Inspection.
8.6.3. The Customer may file a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court resolution of disputes that may arise between entrepreneurs and Consumers.
§9 Rules for publishing opinions
9.1. Each buyer/customer may publish opinions about the product/service in the appropriate place on the Store's website. The opinion should be written in Polish, in accordance with the rules of correct 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 statement does not violate applicable legal regulations or the rights of third parties. They are fully responsible for the statements they have posted in the Megal Online Store.
9.4. The submitted opinion is subject to verification by the Seller in terms of checking whether the opinion does not contain content of a prohibited nature, i.e. in particular when the opinion 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 of ownership and arise at the time of settlement of all payments related to the delivered goods.
10.3. The Seller guarantees high quality of the products and their compliance with the relevant standards and tolerances appropriate 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 in writing, immediately, i.e. within three days of their discovery, with an unambiguous definition of the subject of the complaint and the type of 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 identified defect 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 should take place as soon as possible, unless for other reasons (e.g. weather conditions) the Parties have agreed on a different deadline for removing the defects.
The deadline for performing the service may change for reasons beyond the control of "Megal" Sp. z o.o., about which the Buyer will be informed.
§ 11 Personal data
11.1. The Seller is the administrator of personal data.
11.2. The principles of personal data protection can be found in the Privacy Policy of the Megal online store, available at sklep.megal.pl.
§ 12 Final provisions
12.1. The Seller reserves the right to introduce changes to these Regulations for important reasons. Any changes to the Regulations shall enter into force on the appropriate date indicated by the Seller, but no sooner than 7 days.
12.2. The amended Regulations bind the Buyer/Customer if the requirements specified in art. 384 and 384[1] of the Civil Code have been met, i.e. they have been properly notified of the changes and have not terminated the agreement within 14 calendar days from the date of notification.
12.3. In accordance with art. 8 sec. 3 item 2 letter b of the Act of 18 July 2002 on the provision of services by electronic means, the entity using the online store website is obliged not to place 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.
