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REGULATIONS

https://firmamtm.pl/en/

  1. These Regulations have been drawn up on the basis of the provisions of law in force in the territory of the Republic of Poland. The Regulations, together with the law, exclusively and exhaustively regulate the issues of using the Store available at https://firmamtm.pl/.
  2. The Regulations define in particular:
    1. types and scope of services provided electronically,
    2. conditions for the provision of electronic services, including:
    3. technical requirements necessary for cooperation with the firmamtm.pl ICT system, managed by the Seller,
    4. prohibition of Users from providing illegal content,
    5. conditions for concluding and terminating contracts for the provision of electronic services,
    6. complaint procedure.
  3. The seller who, as part of his business, sells products through the store on the website www.firmamtm.pl/ is Dariusz Seferyński running a business under the name " MTM Dariusz Seferyński " address: ul. Księcia Józefa Poniatowskiego 11, 05-230 Kobyłka, NIP 952-178-76-16, REGON 013279667, main activity: 4533/04, register type: Business Activity Records, under the number 83769, tel. 22 353-11-11, 353-22-22; e-mail: biuro@https://firmamtm.pl/en/
  4. The seller runs a business in the sale of products at ul. Księcia Józefa Poniatowskiego 11, 05-230 Kobyłka.
  5. The seller selling products via the website www.https://firmamtm.pl/en/ provides the services listed in these Regulations on the terms set out therein.
  6. These Regulations are made available continuously and free of charge on the Store's website in a manner enabling the Buyers (Users and Website Guests) to obtain, reproduce and save it.
  7. The contract is concluded in Polish, in accordance with Polish law and these Regulations.
  1. Seller - Dariusz Seferyński running a business under the name of " MTM Dariusz Seferyński " with its registered office in Kobyłka at ul. Księcia Józefa Poniatowskiego 11, with NIP 952-178-76-16 and REGON 013279667, which, while running a business, sells products through the Store;
  2. Buyer - any natural person with full legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, which purchases products via the website www.https://firmamtm.pl/en/;
  3. User - Buyer who concludes a sales contract after prior registration;
  4. Entrepreneur - an entrepreneur within the meaning of the Act of 23 April 1964. - Civil Code (uniform text: Journal of Laws of 2014, item 121), ie a natural person, legal person and organizational unit, conducting business or professional activity on its own behalf;
  5. Consumer - a consumer within the meaning of the Act of 23 April 1964 - Civil Code (uniform text: Journal of Laws of 2014, item 121) is a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity ;
  6. Store - a collection of websites and IT tools (website) available on the website www.https://firmamtm.pl/en/, which is managed by the Seller and allows Users to conclude sales contracts;
  7. Regulations - these Regulations of the store referred to in art. 8 of the Act of July 18, 2002. (Journal of Laws 2002 No. 144 item 1204) on the provision of electronic services;
  8. Working days - days of the week from Monday to Friday, excluding public holidays;
  9. User Account - a place available to Store Users after entering a login, which is an e-mail address and password, enabling, inter alia, ordering products, tracking the status of the order, changing and correcting personal data, etc .;
  10. Website Guest - Buyer who concludes a sales contract without registration;
  11. Cookies - small text files, saved in order to: maintain the User's session (after logging in), thanks to which the User does not have to enter the User's name and password on each page; creating viewership statistics; presenting online advertisements with the content closest to the interests of the User and creating online surveys and securing them against multiple voting by the same people. These files do not collect the User's personal data, do not change the configuration of his computer, are not used to install or uninstall any computer programs, viruses or Trojans, do not interfere with the integrity of the User's system or data, are not processed by other websites and can be used at any time. removed by the User.
  12. Product - a movable item available in the Store which is the subject of the Sales Agreement concluded between the Buyer and the Seller.
  13. Sales contract - a contract concluded outside the business premises or at a distance within the meaning of the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827) if the Buyer is a Consumer and a sales contract within the meaning of Art. . 535 of the Act of 23 April 1964 - Civil Code (uniform text: Journal of Laws of 2014, item 121) if the Buyer is an Entrepreneur.
  14. Defect - both a physical defect and a legal defect.
  15. Physical defect - within the meaning of the provisions of the Act of 23 April 1964 - Civil Code (uniform text: Journal of Laws of 2014, item 121) non-compliance of the item sold with the contract, in particular, if the item sold:
    1. does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination;
    2. does not have properties that the Seller has assured the Buyer of; if the Buyer is a Consumer, the public assurances of the manufacturer or his representative, the person who places the item on the market in the scope of his business activity, and the person who by placing his name, trademark or other distinguishing mark is presented as the manufacturer, unless the Seller did not know these assurances or, judging reasonably, could not know or could not have influenced the Consumer's decision to conclude the contract, or if their content was corrected prior to the conclusion of the contract of sale;
    3. it is not suitable for the purpose of which the Buyer informed the Seller when concluding the contract, and the Seller did not raise any objections as to its intended use
    4. it was delivered to the Buyer incomplete;
    5. was incorrectly installed and started up if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Buyer who followed the instructions received from the Seller.
  16. Legal defect - a situation where the item sold is the property of a third party or is encumbered with the right of a third party, and also if the restriction in the use or disposal of the item results from a decision or judgment of a competent authority.
  1. The Seller sells products via the Store and provides the "Newsletter" service.
  2. The services provided electronically on the basis of these Regulations consist in enabling the use of the Store to conclude a sales contract and its implementation.
  3. The "Newsletter" service consists in sending a message containing information about the current offer, promotions, rebates and discounts. The service is free and requires consent to send commercial information. In order to cancel the "Newsletter" service, please send an e-mail from the e-mail account for which the service was provided to the address biuro@https://firmamtm.pl/en/
  4. The contract for the provision of electronic services is concluded for an indefinite period.
  5. Orders, in the manner specified in §. 6., can be submitted after registration or without registration. When making purchases without prior registration, a User Account is not created.
  6. The User who has registered may place an Order after logging into the User Account by providing a login and password.
  7. Orders are carried out on the territory of Poland.
  1. In order to use the services provided under these Regulations, the User should have:
    1. a computer or other device with access to the Internet;
    2. an active e-mail account (e-mail);
    3. Internet browser: Internet Explorer version not earlier than 7.0 or Mozilla FireFox version not earlier than 3.0 or Google Chrome (all versions) or Opera version not earlier than 2,
    4. Java Script support enabled,
  2. enabled cookies, the condition for the provision of services specified in the Regulations is to read and accept all the provisions of these Regulations.
  3. The Buyer (User or Website Guest) may communicate with the Seller via the form available on the website www.dobreklimatyzatory.pl, by phone - at tel. 22 353-11-11, 353-22-22, by electronic means - at e-mail address -mail: biuro@https://firmamtm.pl/en/ or in writing to the correspondence address: ul. Księcia Józefa Poniatowskiego 11, 05-230 Kobyłka
  4. The costs of using the means of distance communication in order to conclude a product sale agreement with the Seller, shall be borne by the Buyer (User or Website Guest) on his own. However, these costs are not higher than those usually applied for the use of such means of communication and result from the agreement of the Buyer (User or Website Guest) with the entity providing the Buyer (User or Website Guest) with access to the telecommunications network or the Internet.
  1. Registration is free and voluntary. After registration, an individual User Account is created for the User.
  2. The Buyer may also make purchases in the Online Store without registration (Website Guest), however, in this case, he resigns from creating a User Account and the functionalities assigned to it, i.e. remembering address data or tracking the status of the order.
  3. In order to register, the User should complete the registration form.
  4. If the User is a Consumer, it is necessary to provide the following data for registration:
    1. Active e-mail address,
    2. Password for the User Account,
    3. First name and last name,
    4. Address of residence (street, building number, apartment number, zip code, city, voivodship, country),
    5. Phone number,
    6. PESEL No.
  5. If the User is an Entrepreneur, it is necessary to provide the following data for registration:
    1. Active e-mail address,
    2. Password for the User Account,
    3. Business,
    4. Tax Identification Number (NIP),
    5. Headquarters address (street, building number, apartment number, zip code, city, voivodship, country),
    6. Name and surname of the contact person who is authorized to perform on behalf of the entity all activities related to the use of the Store, including registration, as well as to exercise all rights and obligations of this entity, as a Buyer or User,
    7. Phone number.
  6. The condition for completing the registration process is the confirmation by the User that he has read the content of these Regulations and accepts its provisions. Confirmation is made by marking the checkbox "I declare that I know the regulations and I fully accept its provisions. After confirming the registration, you will receive the full text of the regulations to the e-mail address provided. " and the checkbox "I consent to the processing by MTM Dariusz Seferyński , ul. Księcia Józefa Poniatowskiego 11, 05-230 Kobyłka, my personal data in the form of an e-mail address, in order to send the full content of the Regulations of the online store at www.https://firmamtm.pl/en/ and further correspondence necessary to implement the Sales Agreement. " at the bottom of the registration form.
  7. Filling out the registration form with the data referred to in sec. 4 or sec. 5, marking the checkboxes referred to in sec. 6 and clicking "Create an account" completes the registration process. At this moment, a User Account is created. Clicking "Create an account" also confirms the accuracy of the data provided in the registration form. After completing the registration process (clicking "Create an account"), the User will receive the full content of these Regulations to the e-mail address provided in the registration form.
  8. The Seller may refuse to register the User in the cases referred to in paragraph 13.
  9. The conclusion of the contract for the provision of electronic services is tantamount to submitting the following statements:
    1. I have read and fully accepted the provisions of the Regulations constituting the basis for the conclusion of the contract,
    2. I start using the services voluntarily,
    3. I meet the conditions provided for in the Regulations to obtain the status of a User,
    4. the data contained in the registration form are true and do not infringe the rights of third parties,
    5. I consent to the conclusion of the contract by electronic means,
    6. I consent to the processing, collection, recording, storage, processing, sharing and deletion of the User's personal data by the Seller to the extent necessary to provide services by electronic means, in the manner specified in these Regulations,
    7. I consent to the processing, collection, recording, storage, development, sharing and deletion of the User's personal data by the Seller for marketing and statistical purposes,
    8. I agree to receive system information, messages from the Seller and information about difficulties, changes or technical breaks in the operation of the Store, to the correspondence data provided in the registration form,
    9. I consent to the transfer of my personal data to third parties in order to enable me to express my opinion on the operation of the Store and the quality of service.
  10. The user may terminate the contract for the provision of electronic services at any time.
  11. The Seller may terminate the contract for the provision of electronic services, if the User was not active in the Store, in particular, he did not place an order or logged in to the User's Account within 2 years from the last activity.
  12. Termination of the contract is tantamount to blocking the User's access to the User Account and its deletion.
  13. The seller may terminate the contract for the provision of electronic services if:
    1. the User's activity is contrary to the applicable moral standards, calls for violence or committing a crime, and also, if it violates the rights of third parties,
    2. has received an official notification of the unlawful nature of the data provided or related activities,
    3. obtained reliable information about the illegal nature of the data provided or related activities and previously notified the User of the intention to suspend the User's Account / refusal to register,
    4. The user is allowed to send unsolicited commercial information,
    5. The User blatantly or persistently violates the provisions of the Regulations,
  14. The declaration of termination of the contract for the provision of electronic services submitted by the Seller will be sent to the e-mail address provided in the User Account. Termination of the contract for the provision of electronic services results in the permanent deletion of the User Account.
  15. The statement on the termination of the contract for the provision of electronic services submitted by the User may be submitted by sending its content to the e-mail address provided for contact in a separate tab of the Store's website or by deleting the User's Account.
  16. If the termination was made by the Seller, re-registration is possible after obtaining the consent of the Seller.
  17. Termination or termination with the consent of the parties to the contract for the provision of electronic services shall not affect the performance of already concluded sales contracts, unless the parties agree otherwise.
  18. The term of termination of the contract in the cases referred to in paragraph 11 and 13 is 14 days.
  1. The Seller sells products presented on the Store's website.
  2. The parties to the sales contract concluded via the Store are: the Seller and the Buyer.
  3. The sales contract may be concluded both with a registered User (having a User Account) and with an unregistered Website Guest. A website visitor, in order to conclude a sales contract, must each time:
    1. provide the data required to perform the sales contract, referred to in § 5 paragraph 4 or 5, with the exception of the password to the User Account and
    2. read and accept the provisions of the Regulations.
  4. Information about the products along with the prices presented on the Store's website does not constitute an offer within the meaning of art. 71 of the Act of 23 April 1964 Civil Code (uniform text: Journal of Laws of 2014, item 121; hereinafter: the Civil Code). Information on products and prices presented on the Store's website constitute only an invitation to submit offers by Buyers.
  5. The Seller reserves the right to change prices and withdraw individual products presented on the Store's website. Price change or product recall does not apply to accepted orders.
  6. The store sells both retail and wholesale.
  7. The contract of sale is concluded by placing an order by the Buyer and its acceptance by the Seller, subject to paragraph 10-12. A detailed description of the procedure for concluding the sales contract is specified in the provisions of paragraph 8-12.
  8. Orders made via the website or by e-mail can be placed 24 hours a day throughout the year. Orders placed on working days after 2.00 pm, on Saturdays, Sundays and public holidays will be processed on the next business day. In the e-mail order, please indicate the name and symbol of the product and the data required for registration, referred to in paragraph 3 point 1. Orders placed by phone at 22 353-11-11 or 22 353-22-22 are accepted on working days between 9:00 am and 4:30 pm.
  9. Placing an order via the website constitutes an offer to purchase within the meaning of Art. 66 § 1 of the Civil Code, which is binding for 5 business days (after that time it expires) and consists of the following activities:
    1. selecting products from among those presented on the Store's websites,
    2. adding them to the basket,
    3. choosing the method of payment and delivery,
    4. logging in to the User Account in the event that the order is placed by a registered User, unless he has logged in earlier,
    5. to fulfill the obligations referred to in sec. 3 if the order is placed by the Service Guest,
    6. accepting the regulations - in the case of purchases without registration, the Buyer, who is a Website Guest, must each time certify that he has read the Regulations and accepts its content,
    7. clicking the "Next" button; in the case of placing an order by a website Guest, after clicking the "Next" button, the full content of the current Regulations will be sent to the e-mail address provided in the order,
    8. verify the correctness of data, such as: the contents of the basket, the amount due, payment method, delivery costs, total value to be paid, data of the User or Guest of the service, data for a VAT invoice, if the Buyer wants to receive a VAT invoice, address data for shipment / delivery of goods
    9. clicking the button "I am ordering with payment obligation".
  10. In response to the order placed, the Seller sends an e-mail to the e-mail address provided by the User or the Website Guest within 5 working days or contacts by phone in order to:
    1. accepting the order (offer) - in this case, the sales contract is concluded on the day of submitting the statement,
    2. refusal to accept an order (offer) - in this case, the contract is not concluded,
    3. proposed changes, the so-called counter-offer - in this case, in order to conclude the contract, the User or the Guest of the website must accept the counter-offer. The counter-offer may only be accepted by e-mail. Acceptance of the counter-offer made in any other way, in particular by phone, will not lead to the conclusion of a sales contract.
  11. The reason for the counter-offer referred to in para. 10 point 3 may include, in particular, such circumstances as: no products in stock or at the Store's suppliers, price change, etc.
  12. The counteroffer referred to in para. 10 point 3 is binding for the Seller within 5 days. After this time, the counteroffer expires. Acceptance of the counter-offer by the User or the Website Guest within its validity (5 days) results in the conclusion of a sales contract on the terms specified in the counter-offer.
  13. All prices presented on the Store's website www.https://firmamtm.pl/en/ are given in Polish zlotys (PLN) and include VAT. The given prices do not include shipping costs. For information purposes, the User and the Website Guest can check the approximate (non-binding) value of the product in the following currencies: euro (EUR), US dollar (USD) and British pound (GBP), however, payment for products and services is made in the Polish currency (PLN). unless the Parties agree otherwise in writing individually.
  14. The proof of sale is a receipt or a VAT invoice attached to each shipment. In order to use the option of receiving a VAT invoice, mark the checkbox "I want to receive a VAT invoice" and fill in the data for the invoice.
  15. Contact from the Seller's representative referred to in paragraph 10 is also an opportunity to correct incorrectly provided personal data or an incorrectly placed order. Subsequent changes to the order may be difficult, because from the moment of concluding the sales contract, the order is sent for execution and the product may be on its way to the Buyer. Nevertheless, the Seller declares that the Store staff will make every effort to enable the Buyer to change the data for delivery at any time, even after the conclusion of the sales contract, and also (until the shipment is sent) to change the content of the order.
  16. The Seller may verify the correctness and truthfulness of the data entered by the Buyer at any time.
  17. Approximate dates for the implementation of the Sales Agreement are indicated on the product pages, but they are not longer than 30 days from the date of the Sales Agreement. In the case of purchasing products on an individual order or imported at the special request of the Buyer, this period may be longer, however, each time it will be agreed with the Buyer. The deadline for completing a specific order will be specified in the Sales Agreement.
  18. The price list of delivery costs is an attachment to these Regulations and is available under the link Price list of shipments
  19. The place of delivery / collection of the item (purchased Product) must be in the territory of the Republic of Poland.
  1. Pursuant to the Act of May 30, 2014 (Journal of Laws of 2014, item 827; hereinafter the Consumer Rights Act), the Buyer who is a Consumer has the right, within 14 calendar days from the date of receipt of the purchased Product, to withdraw from the contract sale without giving reasons and without incurring costs, except for the costs specified in paragraph 6. To meet the deadline, it is enough to send a written statement before the deadline Click to download a template of the Statement of withdrawal from the Agreement.
  2. The deadline to withdraw from the contract will expire after 14 days from the day:
    • in which you came into, or a third party indicated by you, other than the carrier, came into,
    • in which you came into possession of the last of the separately issued items or in which a third party other than the carrier, indicated by you, acquired the last of the separately issued items,
    • in which you came into possession of the last lot or part of the goods or in which a third party other than the carrier, indicated by you, acquired the last lot or part of the goods.
  3. To exercise the right to withdraw from the Sales Agreement, you must, within the period specified in paragraph 1, inform the Seller by sending a statement to the address: ul. Księcia Józefa Poniatowskiego 11, 05-230 Kobyłka; or e-mail address: biuro@https://firmamtm.pl/en/ about the decision to withdraw from the Sales Agreement by way of an unequivocal statement. The declaration of withdrawal from the contract may be submitted by the Consumer on the form, the specimen of which is attached as Annex 2 to the Consumer Rights Act, on the form available in a pdf file Click to download a template of the Statement of withdrawal from the Agreement or in another written form in accordance with the provisions of the Act on consumer rights of 30/05/2014. (Journal of Laws of 2014, item 827). The seller excludes the possibility of submitting a declaration of withdrawal from the contract in a form other than in writing.
  4. If the Consumer uses the form of sending a declaration of withdrawal from the Contract of Sale via e-mail, the Seller shall immediately send the Consumer a confirmation of receipt of the information on withdrawal from the contract on a durable medium (e.g. by e-mail).
  5. In the event of withdrawal from the Sales Agreement referred to in paragraph 1, the contract is considered void. The consumer is obliged to return the product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the product himself. To meet the deadline, it is enough to return the product before its expiry.
  6. In the event of withdrawal from the contract, the Consumer bears only the direct costs of returning the product,
  7. The consumer is responsible for the decrease in the value of the product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
  8. The Seller shall immediately, and in any case not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Sales Agreement, return to the Buyer who is a Consumer all payments received from him, including the costs of delivering products, except for additional costs resulting from the method chosen by the Consumer. delivery of things other than the cheapest standard delivery method offered by the Seller.
  9. The reimbursement will be made using the same payment methods that were used by the Buyer who is a Consumer in the original transaction, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him.
  10. The Seller may withhold the reimbursement of the payment in the event of withdrawal by the consumer from the contract until receipt of the goods back or until the Seller provides the Seller with a proof of its return, depending on which event occurs first. Withholding the reimbursement of the payment may not take place if the Seller offers to collect the Product himself or authorizes another person to do so.
  11. The Seller reserves that he does not collect the parcels sent to him as COD and is not responsible for the costs related to such parcels.
  12. The right to withdraw from a distance sales contract referred to in paragraph 1., the Consumer is not entitled to contracts:
    1. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who has been informed prior to the commencement of the provision that after the performance of the service by the Seller, he will lose the right to withdraw from the contract;
    2. 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;
    3. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
    4. in which the Consumer expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the contract with regard to additional services or items.
  1. The Seller will make every effort to ensure that the Store and all services made available through it operate continuously without any disruptions.
  2. The Seller reserves the right to interfere with the technical structure of the User Account in order to diagnose irregularities in the functioning of the Store's services.
  3. The Seller reserves the right to temporarily disable some of the Store's functionalities in order to improve it, add services or carry out maintenance.
  4. The User is obliged to immediately update the data provided during registration in the event of a change.
  5. The User is obliged to keep the login and password to the User Account secret and secure in such a way that they cannot be accessed by unauthorized persons.
  6. The User is not allowed to provide illegal content using the Store.
  7. The User is obliged to refrain from any activity that could affect the proper functioning of the Store, including in particular any interference with the Store's content or its technical elements.
  1. The Seller is not responsible for mistakes made by the Buyer in the order form or during registration, as a result of which the shipment did not reach the addressee.
  2. The Seller, to the fullest extent provided for by law, is not responsible for any disruptions, including interruptions, in the functioning of the Store caused by force majeure, unlawful actions of third parties or the Store's incompatibility with the technical infrastructure of the User or Guest of the website.
  1. You can pay for purchases in the Store in the following ways:
    1. by transfer to a bank account,
    2. on delivery, i.e. cash on delivery,
    3. in cash, upon personal collection.
  2. Bank transfer details:
      • POLBANK EFG 23 2340 0009 0060 2400 0000 0353
      • PKO SA XO / W-WA 31 1240 1095 1111 0010 0629 9458
  3. Recipient's details: Dariusz Seferyński running a business under the name MTM Dariusz Seferyński , ul. Księcia Józefa Poniatowskiego 11, 05-230 Kobyłka; Title: To order no. * …… - Pro forma invoice no. * …… (* you need to fill in the relevant information - it will allow you to quickly assign the payment to a specific User or Website Guest, and thus to complete the order faster).
  4. If the Buyer chooses to pay by bank transfer, the Buyer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement. Otherwise, the order will be canceled. In the case of payment on delivery, the parcel is sent after verification of the correctness of the address data, and the Buyer is obliged to make the payment upon delivery.
  5. In the case of cash payment, upon personal collection, the product is released in the Store after verification of the correctness of the Buyer's data and payment of the specified amount. Due to two locations of the Store's warehouses (Księcia Józefa Poniatowskiego 11, 05-230 Kobyłka and Reguły, ul. Elizy Orzeszkowej 1B), the Buyer must contact the Store Service in order to determine the place of collection of the product before personal collection. It is also possible to pay in cash to an employee of the Store for delivery carried out by the Store's own transport (depending on the amount, product and method of delivery), however, the last form requires detailed, individual arrangements with the Buyer.
  6. If the order is placed by a business entity, a VAT invoice will be issued without the recipient's signature.
  1. Most of the products purchased in the e-shop are covered by the manufacturer's warranty. The length of the warranty period is determined by the manufacturer and varies from manufacturer to manufacturer. The terms of the warranty are placed on the packaging of products covered by the manufacturer's warranty.
  2. The customer may submit his claims under the warranty directly to the manufacturer, whose address is on the manufacturer's website, in the warranty card or on the Product packaging.
  3. The seller is obliged to provide services and deliver items free from defects.
  4. The Seller is liable to Buyers for physical or legal defects (warranty).
  5. It is recommended that the complaint should contain (Click to download a Complaint Form template):
    1. name and surname, contact details
    2. information and circumstances regarding the subject of the complaint, in particular the type and date of the defect,
    3. purchase date,
    4. number and type of proof of purchase,
    5. a request for a method of bringing the product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement.
  6. Apply to the mouth. 5 will facilitate and allow for more efficient handling of the complaint. The requirements set out in sec. 5 letter b are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  7. Complaints may be submitted by e-mail to biuro@https://firmamtm.pl/en/ or by traditional mail to the following address: MTM Dariusz Seferyński , ul. Księcia Józefa Poniatowskiego 11, 05-230 Kobyłka (Click to download a Complaint Form template).
  8. In the case of a contract with a Buyer who is a Consumer, if a physical defect has been found within one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time the risk passed to the Buyer.
  9. If the sold item (Product) has a defect, the Buyer may submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the seller or the seller has not satisfied the obligation to replace the item with a non-defective one or remove the defect.
  10. If the Buyer is a Consumer, he may, instead of the removal of the defect proposed by the Seller, demand that the item be replaced with a defect-free item, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the Sales Agreement in a manner chosen by the Buyer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the buyer would otherwise be exposed.
  11. The reduced price should remain in such proportion to the price resulting from the contract in which the value of the defective item is equal to the value of the item without a defect.
  12. The Buyer may not withdraw from the Sales Agreement if the defect of the Product is irrelevant.
  13. The seller bears the costs of replacement or repair, in particular, this includes the costs of dismantling and delivering items, labor, materials as well as reassembling and starting up, except when:
    1. the cost of these activities exceeds the price of the item sold; in this case, the Seller may refuse to disassemble and reassemble,
    2. The Buyer is a Consumer who demands disassembly and reassembly from the Seller; in this case, the Buyer bears part of the related costs exceeding the price of the item sold or may require the Seller to pay a part of the costs of disassembly and reassembly, up to the price of the item sold.
  14. If it will be necessary to deliver the purchased Product to the Seller for the Seller to respond to the complaint or to exercise the Buyer's rights under the warranty, the Buyer will be asked by the Seller to deliver this Product to the address MTM Dariusz Seferyński , ul. Księcia Józefa Poniatowskiego 11, 05-230 Kobyłka. However, if due to the type of defect, the type of the Product or the method of its installation, delivery of the Product by the Buyer would be impossible or excessively difficult, the Buyer will be asked to make the Product available to the Seller in the place where the Product is located, after prior appointment.
  15. The Seller is obliged to accept the defective item from the Buyer in the event of replacement of the item with a non-defective one or withdrawal from the contract
  16. The Seller, within 14 calendar days, will respond to the requests presented by the Buyer in connection with the complaint or exercising the rights under the warranty and will notify him of accepting or rejecting these requests and the further procedure. In the event that such a request was made by the Buyer who is a Consumer, the Seller's failure to respond to this request means that he considered it justified.
  17. The Seller's liability under the warranty for physical defects shall expire two years after the goods have been delivered.
  18. In the case of the sale of the Product in trade between entrepreneurs pursuant to art. 558 § 1 of the Civil Code, the parties exclude the Seller's liability under the warranty for physical and legal defects of the product, in particular, agree that it is not liable for hidden defects of the object of sale.
  19. If the Seller does not recognize the complaint or requests resulting from the exercise of the warranty rights, the Consumer may use extrajudicial means of dealing with complaints and redress, in particular the Consumer may request intervention from a neutral party: the Municipal Ombudsman for Consumer Rights, j Trade Inspection for mediation aimed at ending the dispute between the Consumer and the Seller, or by referring the case to a permanent consumer arbitration court at the Provincial Inspector of Trade Inspection. Detailed procedures for using the help of an ombudsman, arbitration court or Trade Inspection are available on the websites of these institutions and on the website www.uokik.gov.pl in the "Settlement of consumer disputes" tab.
  1. The Seller reserves the right to amend the Regulations. Information on the change in question will be posted on the website along with the new version of the Regulations.
  2. Additionally, on the date the information referred to in para. 1 together with the Regulations in the new wording, registered Users will receive electronically this information together with the Regulations in the new wording. Users have the right to terminate the concluded contract within 14 days of receiving the above information. Failure to submit the statement within this period is tantamount to acceptance of the new wording of the Regulations.
  3. Amendments to the Regulations come into force within 14 days from the date of announcement of changes on the website.
  4. The amendment to the Regulations does not apply to contracts concluded before the entry into force of the new Regulations.
  1. In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply, in particular the provisions of the Civil Code, the Act on the Protection of Personal Data, the Act on the provision of electronic services and the Act on consumer rights.
  2. In the event of a dispute arising in connection with the performance of the contract concluded on the basis of the Regulations, the parties undertake to settle it in an amicable manner acting in good faith, in particular in mediation proceedings carried out by the Trade Inspection, in proceedings conducted by the European Consumer Center in Poland and in proceedings before permanent consumer arbitration courts at the Provincial Inspectors of the Trade Inspection. The consumer may also ask for help from the poviat (municipal) consumer ombudsman, as well as to social organizations whose statutory task is to protect consumer interests, such as the Association of Polish Consumers or the Consumer Federation.
  3. If it is impossible to reach an agreement in the manner indicated in sec. 2. The court having jurisdiction over the dispute will be the court having jurisdiction under the provisions of the Civil Code. The preceding sentence does not apply to disputes to which the entrepreneur is a party. In this case, the competent court is the court due to the seat of the Seller.
  4. The regulations are valid from May 7, 2019.