General provisions
- Electronic services
- Conditions for concluding sales contracts
- Payment for goods
- Importation
- Delivery of goods
- Right of withdrawal
- Complaint
- Out of court dispute resolution
- Cookies policy
- Personal data
- Liability
- Final provisions
These Regulations define the general conditions, rules and method of using the Internet platform by Buyers, which includes an online store at the following Internet addresses: mz-store.pl, muscle-zone.pl, mz-store.co.uk, mz-store. de, mz-store.it, mz-store.at, mz-store.es (hereinafter referred to as the "Online Store") and the terms and conditions for the provision of free electronic services by MZ-STORE Spółka Akcyjna (joint-stock company).
1. GENERAL PROVISIONS
1.1. The owner of the mz-store online store is MZ-STORE Spółka Akcyjna with its registered office in Reda at Cyprian Kamil Norwid Str. 47 (84-240), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-North in Gdańsk, 8th Commercial Division of the National Court Register under number 0000877266, with NIP: 5862363341 and REGON number: 387876117, with share capital of PLN 5,000,000.00 PLN, paid in full (hereinafter abbreviated as MZ-STORE).
1.2. The mz-store online store is a platform run by its owner (details in point 1.1 of these Regulations).
1.3. These Regulations are addressed to both consumers and entrepreneurs using the Online Store.
1.4. Definitions:
1.4.1. Personal Data – all information about a natural person identified or identifiable by one or more specific factors determining physical, physiological, genetic, mental, economic, cultural or social identity, including device IP, location data, online ID and information collected via via "cookies" and other similar technology.
1.4.2. Business Days – means days of the week from Monday to Friday, excluding public holidays.
1.4.3. Delivery – means the actual act of delivering the Goods specified in the Order to the Customer.
1.4.4. Supplier – means the entity physically performing the Delivery of Goods:
1.4.4.1. courier company (courier),
1.4.4.2. Poczta Polska or other public operator,
1.4.4.3. InPost sp. z o.o.
1.4.5. Registration Form – Electronic Service, means the form available on the Website that allows you to create a Buyer's Account.
1.4.6. Order Form – Electronic Service, an interactive form available on the Website that allows placing an Order, in particular by adding Goods to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.7. Password – means a string of letters, digits or other characters selected by the Customer during registration in the Online Store.
1.4.8. Customer – means a natural person with full legal capacity and over 18 years of age, a legal person or an organizational unit without legal personality, which the law grants legal capacity to which, in accordance with these Regulations and applicable law, services may be provided electronically and/or which has concluded or intends to conclude a Sales Agreement with the Seller. The customer is an importer of goods imported from a third country (outside European Union) within the territory of the European Union, goods shipped from the European Union to third countries and goods shipped from one third country to another third country.
1.4.9. Consumer – means a natural person who performs a legal act not directly related to his business or professional activity.
1.4.10. Customer Account – Electronic Service, means an account maintained for the Customer by MZ-STORE under a unique name (Login) which is a set of resources in the ICT system in which the Customer's data and information about his activities within the Online Store are collected.
1.4.11. Newsletter – Electronic Service provided by MZ-STORE via e-mail, thanks to which the Customer using it may receive from MZ-STORE cyclically electronic messages regarding MZ-STORE and its business partners, the Online Store, including information about offers, promotions and news in the Online Store.
1.4.12. Entrepreneur – a natural person, legal person or organizational unit without legal personality, purchasing Goods in the Online Store as part of business or professional activity; in the case of a natural person, an Entrepreneur is a natural person purchasing Goods in the Online Store for purposes directly related to its business activity, when the content of the contract shows that it has a professional nature for it, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and information on economic activity.
1.4.13. Entrepreneur with Consumer rights – a natural person purchasing Goods via the Online Store for purposes directly related to its business activity, when the content of this contract shows that it does not have a professional nature for it, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on economic activity.
1.4.14. Pre-sale – means the presentation by the Seller of content constituting an invitation to submit offers by the Customer and relating to the Goods that have not yet been manufactured or the Seller is waiting for their delivery.
1.4.15. Regulations – means this document.
1.4.16. Registration – means an actual act performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
1.4.17. Online Store – an online platform run by MZ-STORE at the addresses listed below, whose task is to match Sellers and Customers:
1.4.17.1. https://www.muscle-zone.pl,
1.4.17.2. https://mz-store.pl,
1.4.17.3. https://mz-store.co.uk,
1.4.17.4. https://mz-store.it,
1.4.17.5. https://mz-store.de,
1.4.17.6. https:/mz-store.es,
1.4.17.7. https://mz-store.at.
1.4.18. MZ-STORE joint-stock company (also MZ-STORE S.A. or MZ-STORE) – with its registered office in Reda at Cypriana Kamila Norwida Str. 47 (postal code 84-240), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Gdańsk-North in Gdańsk, 8th Commercial Division of the National Court Register under number 0000877266, with NIP: 5862363341 and REGON number: 387876117, with share capital of PLN 5,000,000.00 PLN, paid in full, which includes the rights to the internet platform. The role of MZ-STORE S.A. consists in providing functionalities on the platform (marketplace) through which the parties (Seller and Buyer) can conclude a sales contract.
1.4.19. Seller – MZ-STORE or a partner of MZ-STORE, offering its Goods for sale in the Online Store. Information identifying the Seller is placed in the description of the Goods on the Website. If the Seller is not indicated in the description of the Goods, the Seller is MZ-STORE.
1.4.20. Website – means the website under which MZ-STORE runs the Online Store, operating at the following Internet addresses: mz-store.pl, muscle-zone.pl, mz-store.co.uk, mz-store.de, mz-store .it, mz-store.at, mz-store.es.
1.4.21. Goods - means a product in the Seller's assortment offer available via the Website.
1.4.22. Food Commodity – means any substance or product, processed, partially processed or unprocessed, intended for human consumption or expected to be consumed by humans.
1.4.23. Sales Agreement – means a sales contract concluded electronically on the terms set out in the Regulations, between the Customer and the Seller.
1.4.24. Electronic service – a service provided electronically by MZ-STORE to the Customer via the Online Store. Sale - sale should be understood as the sale of Goods marked by the Seller at a reduced price, due to the properties of the Goods (e.g. approaching expiry date).
1.4.25. Posting Reviews – Posting Reviews Electronic Service consists in enabling Customers to publish individual and subjective statements (posts) regarding the ordered Goods.
1.4.26. Order – the Customer's declaration of intent submitted via the Order Form and aimed directly at concluding a Goods Sale Agreement with the Seller.
1.5. MZ-STORE has the rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Website, as well as to patterns, forms, logos posted on the Website (except for logos and photos presented on the Website) website for the purpose of presenting the Goods, to which the copyrights belong to third parties) belong to MZ-STORE, and they may be used only in the manner specified and in accordance with the Regulations.
1.6. These Regulations are available to Customers at the following addresses: mz-store.pl, muscle-zone.pl, mz-store.co.uk, mz-store.de, mz-store.it, mz-store.at, mz-store.es and can be downloaded and printed at any time.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Customer Account, Order Form, Posting Reviews and Newsletter.
2.2. Customer Account – Customer Account Electronic Service is available only to registered Customers. Registration is not necessary to place orders in the Online Store.
2.3. In order to register, the Customer should complete the Registration Form provided by MZ-STORE on the Website and send the completed Registration Form electronically to MZ-STORE by selecting the "Register" field. During Registration, the Customer sets an individual Password.
2.4. The Customer Account Electronic Service is provided free of charge for an indefinite period. The Customer has the option, at any time and without giving a reason, to delete the Account (resignation from the Customer Account) by sending a relevant request to MZ-STORE via e-mail to the following address: office@mz-store.pl.
2.5. MZ-STORE will delete the Customer Account immediately, in any case not later than within 14 (fourteen) days from the request.
2.6. After sending the completed Registration Form, the Customer immediately receives, by e-mail to the e-mail address provided in the Registration Form, confirmation of Registration by MZ-STORE. At this moment, an electronic contract for maintaining a Customer Account is concluded, and the Customer gains access to his Customer Account and makes changes to the data provided during registration, with the exception of the Login.
2.7. The Customer is obliged to make every effort to maintain confidentiality and not to disclose the Password to third parties. In the event of circumstances indicating a suspicion that the Password was in the possession of an unauthorized person, the Customer is obliged to immediately notify MZ-STORE of this fact, using the available means of communication. In such a situation, the Customer should immediately change the Password using the appropriate functionalities within the Customer Account.
2.8. Order Form – the use of the Order Form begins when the Customer adds the first Good to the electronic basket in the Online Store. Placing an Order takes place after completing the Order Form and clicking the "Order" field on the Online Store website.
2.9. The Order Form Electronic Service is provided free of charge and is of a one-time nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
2.10. Posting Reviews – the Customer has the option of voluntarily and free of charge to issue a review regarding the Goods purchased in the Online Store. It is solely up to the Customer whether he decides to present his assessment.
2.11. Regardless of the possibility of publishing a review on the Online Store website using the Posting Reviews Electronic Service, after making purchases in the Online Store and receiving the Goods, the Customer may receive an e-mail request for its evaluation and satisfaction level assessment via the selected opinion portal. In the event of issuing such an assessment, MZ-STORE processes and transfers the following data to the relevant partners:
2.11.1. Contact details – i.e. e-mail address, which is used to send an invitation to issue an opinion;
2.11.2. Data on the ordered Goods, which are the subject of the opinion.
2.12. Reviews can only be published by the Customer who has made purchases in the Online Store..
2.13. It is forbidden to conclude fictitious/sham sales contracts in order to leave a review. The author of the review may not be the Seller himself or his employees, regardless of the basis of employment.
2.14. The Posting Reviews Electronic Service may not be used by the Customer for unlawful activities, in particular for activities constituting an act of unfair competition against the Seller, or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties.
2.15. The issued review may be removed at any time at the request of its author sent to MZ-STORE or to the opinion portal – depending on where the Customer published the review (opinion).
2.16. Reviews added by customers via the review submission form MZ-STORE does not verify whether the review comes from the customer who purchased the product or used the product.
2.17. By using electronic services, the Customer is not entitled to:
2.17.1. posting personal data of third parties and disseminating the image of third parties without the permission or consent of a third party required by law,
2.17.2. posting advertising and/or promotional content,
2.17.3. moreover, it is forbidden for Clients to post content that could, in particular:
2.17.3.1. be posted in bad faith, e.g. with the intention of infringing the personal rights of third parties,
2.17.3.2. infringe any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, business secrets or related to confidentiality obligations,
2.17.3.3. have an offensive character or constitute a threat addressed to other people, contain vocabulary that violates good manners (e.g. by using profanity or terms commonly considered offensive),
2.17.3.4. be in conflict with the interests of MZ-STORE or MZ-STORE partners (Sellers),
2.17.3.5. otherwise violate the provisions of the Regulations, decency, applicable law, social or moral norms.
2.18. MZ-STORE has the right to remove content that does not meet the conditions set out in these Regulations.
2.19. Newsletter – is sent by MZ-STORE to all customers who have subscribed.
2.20. The Newsletter Electronic Service is provided free of charge for an indefinite period. The customer has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to MZ-STORE via e-mail to the following address: office@mz-store.pl.
2.21. Minimum technical requirements enabling the use of the Website are:
2.21.1. Internet access,
2.21.2. access to active electronic mail,
2.21.3. access to a web browser of at least Internet Explorer 8 or Chrome 16 or FireFox 10 or Opera 11 or Safari 5 or newer, with Javascript enabled, accepting "Cookies" and an Internet connection with a bandwidth of at least 256 kbit/s. The Store's website is optimized for a minimum screen resolution of 1024x768 pixels.
2.22. It is forbidden to provide illegal content and use the Online Store, Website or Electronic Services provided by MZ-STORE in a manner contrary to the law, decency, in a way that violates the personal rights of third parties or the legitimate interests of MZ-STORE or MZ-STORE partners (Sellers).
2.23. The customer is entitled to use the resources of the Online Store only for his own use. It is not allowed to use the resources and functions of the Online Store for the purpose of conducting commercial activities by the Customer or activities that would violate the interests of MZ-STORE or MZ-STORE partners.
2.24. MZ-STORE indicates that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, use antivirus programs and programs that protect the identity of those using the Internet. MZ-STORE never asks the Customer to provide him with the Password in any form.
2.25. MZ-STORE reserves the right to suspend or terminate the provision of individual functionalities of the Online Store due to the need for maintenance, review or expansion of the technical base if this does not violate the rights of the Customer.
2.26. MZ-STORE will inform the Customer, at his request, about specific risks related to the use of services provided electronically, as well as the function and purpose of the software or data that are not a component of the service content, entered by MZ-STORE into the ICT system used by the Customer.
2.27. Complaints related to Electronic Services may be submitted by the Customer in electronic form to the address of MZ-STORE: office@mz-store.pl. A properly submitted complaint regarding services provided electronically should contain at least the following data:
2.27.1. designation of the Customer,
2.27.2. the subject of the complaint,
2.27.3. circumstances justifying the complaint.
2.28. MZ-STORE will respond to the complaint of the Electronic Service in the same form in which the complaint was submitted, i.e. in writing or electronically - immediately, not later than within 14 calendar days from the date of receipt of the complete complaint. MZ-STORE shall immediately notify the Customer of any deficiencies in the complaint, informing him about the method of supplementing the complaint.
3. TERMS AND CONDITIONS OF CONCLUDING SALES AGREEMENTS
3.1. Information about the Goods contained on the Website does not constitute an offer within the meaning of the Civil Code, but only an invitation to submit offers to conclude a Goods Sale Agreement.
3.2. The Customer may place Orders in the Online Store for 7 (seven) days a week and 24 (twenty-four) hours a day via the Order Form available on the Website.
3.3. The Customer has the option of placing Orders on the Website using the Order Form. In order to place an Order, the Customer must have access to active e-mail.
3.4. The Customer places an Order in the Online Store in accordance with point 2.8.
3.5. After placing the Order, the Customer will receive from the Seller, to the Customer's e-mail address provided in the Order Form, confirmation of acceptance of the Order. Confirmation of acceptance of the Order is the Seller's declaration of acceptance of the offer referred to in point 3.1. above.
3.6. The Sales Agreement is considered concluded when the Buyer receives an email confirming the acceptance of the Order for execution.
3.7. When placing an Order, including when the Customer wishes to be bound by the Sales Agreement, the Customer is informed on the Website about the total price of the ordered Goods, including tax and delivery costs (including transport, delivery and postal fees) and about other costs, and when the amount of these fees cannot be determined – about the obligation to pay them.
3.8. In each case of communication on the Website about the reduction of the price of the Good, MZ-STORE places in the online store, next to the information about the reduced price, also information about the lowest price of this Good, which was in force during the period of 30 days before the reduction was introduced. If a given Good is offered for sale in a period shorter than 30 days, next to the information about the reduced price, MZ-STORE places information about the lowest price of this Good, which was in force in the period from the date of posting information about the sale of the Good in the Online Store to the date of introducing the reduction of this Good. goods. In the case of Goods that wear out quickly, unless the terms indicated in the sentences above apply, MZ-STORE, next to the information on the reduced price, displays information on the price before the first reduction was applied.
3.9. The following goods are sold in the "SALE" section:
3.9.1. about the expiry date;
3.9.2. subject to natural caking processes or
3.9.3. with damaged packaging. The above-mentioned goods are not subject to complaints regarding the properties of the goods or defects of the goods, about which the Buyer was informed before making the purchase. Information about the properties of the goods is provided in its description. Goods sold at a bargain price have the same properties as non-discounted products and are suitable for consumption as described by the manufacturer.
3.10. Pre-Order – Items marked as available for pre-order are Premiere Items. In order to reserve such Goods, the Customer should complete the Order Form and pay the deposit. 7 days before the planned date of shipment of the Goods to the Customer, a notification will be sent about the readiness of the Order for execution. Failure to pay for the Goods or failure to collect the ordered Order will result in the loss of the deposit. The above does not exclude the Seller's other rights provided for in the Regulations, in particular regarding the obligation to repair the damage. In the event that, for reasons beyond the control of the Seller, the Goods booked in the Pre-Order will not be available on the planned release date, the Customer will receive a refund of the deposit paid.
4. PAYMENTS FOR GOODS
4.1. The Customer may choose the following payment methods for the ordered Goods:
4.1.1. Bank transfer – in this case, the Goods are sent to the Customer after the payment is credited to the Seller's bank account,
4.1.2. Cash on delivery – in this case, the Goods are sent to the Customer after completing the order. The customer pays the fee to the courier upon receipt of the shipment with the Goods. Information on available payment methods is visible when placing an Order. The cash on delivery option may be disabled:
4.1.2.1. in the case of imported Goods,
4.1.2.2. if the Customer places further Orders after not collecting the shipment,
4.1.2.3. in the case of specific Goods or depending on the value of the order.
4.1.3. Bank transfer or card payment via an external PayU payment system, operated by PayU S.A. based in Poznań – in this case, the Goods are sent to the Customer after the Seller receives information from the PayU system about the payment made by the Customer,
4.1.4. Bank transfer or card payment via the external payment system tpay.com, operated by Krajowy Integrator Płatności S.A. based in Poznań – in this case, the Goods are sent to the Customer after the Seller receives information from the tpay.com system about the payment made by the Customer,
4.1.5. Bank transfer or card payment through the Sofort external payment system, operated by SOFORT GmbH with its registered office in Munich – in this case, the Goods are sent to the Customer after the Seller receives information from the Sofort system about the Customer's payment,
4.1.6. Bank transfer or card payment via an external Klarna payment system, operated by Klarna AB with its registered office in Stockholm – in this case, the Goods are sent to the Customer after the Seller receives information from the Klarna system about the Customer's payment.
4.2. The Customer is not able to pay for part of the Order in advance, and for part of the Order on delivery.
5. IMPORT
5.1. The obligation to pay customs duties for the purchase of Goods that are delivered from countries outside the European Union or with a place of delivery outside the European Union rests with the Customer. The seller has no control over these fees as they are charged by the local customs office of the country. The Seller recommends checking the customs duties applicable in any country before ordering Goods to be delivered there. The seller is not responsible for the payment of customs duties. If the Customer fails to pay customs duties or does not collect his order, and then the order is returned to the Seller, the Seller shall be entitled to claim from the Customer any costs that he was forced to incur.
6. DELIVERY OF GOODS
6.1. Delivery of the Goods to the Customer is payable, unless the Sales Agreement provides otherwise. The costs of delivery of the Goods (including charges for transport, delivery and postal services) are indicated to the Customer when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement. In the case of imported goods, it is the Customer's responsibility to check the customs duty rates applicable in his country. In Poland, the duty rates for goods imported from third countries (outside the European Union) can be checked at: https://ext-isztar4.mf.gov.pl/taryfa_celna/.
6.2. In relation to Goods ordered from third countries (outside the European Union), the Customer as the importer of the Goods is obliged to complete all customs formalities in order to collect the shipment.
6.3. The release of the goods will take place together with their release to the Supplier or receipt of the goods by the Customer in accordance with EXW Incoterms.
6.4. The ownership of the Goods is transferred to the Customer or Consumer upon its release.
6.5. The risk of accidental loss or damage to the goods passes to the Customer or Consumer upon delivery of the Goods.
6.6. The order is considered to be correctly completed when it reaches the address indicated by the Customer, or in the event of failure to fulfill the customs obligations on the part of the Customer, when the Goods reach the appropriate customs unit to which the address indicated by the Customer when placing the Order belongs.
6.7. Before making a decision to purchase imported Goods, the Buyer as the importer of the Goods is obliged to check whether the Goods are approved for sale in the country where the delivery is to be made. Information in this regard can be obtained from local administration or customs offices. In the event of failure to comply with the above obligation, the Seller shall not be liable for the impossibility of making the Delivery to the Customer.
6.8. The delivery time for the Goods order is:
6.8.1. up to 14 calendar days for domestic shipments (goods shipped from a warehouse in Poland);
6.8.2. up to 30 calendar days for shipments delivered within EU countries (Goods shipped from an EU warehouse);
6.8.3. up to 60 calendar days for international shipments (goods shipped from a warehouse in a non-EU country). Please be advised that from 01/01/2021, due to Great Britain leaving the European Union, Goods shipped from warehouses in Great Britain (UK) have a longer Delivery time.
6.9. The Delivery Date is counted in the case of prepayments from the moment the payment is credited to the Seller's account or, respectively, after the Seller receives information from the entity handling the payment about the payment by the Customer. In the case of downloads, the order completion date is counted from the date of confirmation of the order by the Seller.
6.10. The ordered Goods are delivered to the address of residence/registered office indicated in the order or another selected address in Poland or in another country using the selected delivery method. If you choose InPost Paczkomaty Sp. z o. o. with its registered office in Krakow, as the Supplier, the Delivery address will be the address of the parcel locker selected by the Customer at the time of placing the Order. Detailed conditions for the Delivery of the Order carried out via a courier company are set out in the regulations for the provision of services posted on the Suppliers' websites. When choosing delivery by courier, it is recommended to prepare the deducted amount to pay for the shipment. The courier is not obliged to carry money to spend and settle change. The obligation to pay the price rests with the Customer.
6.11. If the delivery time is extended beyond the time specified in point 6.8. of the Regulations, the Customer may cancel the Order.
6.12. On the day of sending the Goods to the Customer, information confirming the shipment by the Seller is sent to the Customer's e-mail address.
6.13. At the time of placing the Order, each of the Goods has additional information about the storage warehouse. The description informs whether the "X" Goods are in a warehouse in Poland, in a warehouse in the EU, or whether they are imported directly from a third country (e.g. from Great Britain).
6.14. When collecting the Goods, the Customer should examine the delivered shipment in time and in the manner accepted for shipments of a given type, in the presence of the Supplier's employee.
6.15. The Customer has the right to request the Supplier's employee to draw up the appropriate protocol in the event of a loss or damage to the shipment.
6.16. The Seller attaches to the shipment being the subject of the Delivery, according to the Customer's will, a receipt or a VAT invoice covering the delivered Goods.
6.17. In the event that the Order cannot be delivered correctly and on time due to the fault of the Buyer (incorrect address, refusal to accept), the Seller may claim compensation from the Customer for the damage he suffered by sending the shipment that has not been collected.
6.18. Regardless of the Seller's rights provided for in section 6.17, when the shipment is returned to the Seller, the Seller is entitled to withdraw from the contract within 30 days from the date of receipt of the return of the shipment.
6.19. Regardless of the right provided for in par. 6.18 The shipment may be resent to the Customer after he has paid the entire Order to the Seller's Account, together with the costs of re-sending the shipment.
6.20. The seller does not ship to PO boxes or military bases.
7. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
7.1. The Consumer may withdraw from the Sales Agreement, without giving any reason, within 14 calendar days from the date on which the Consumer or a third party indicated by him, who is not the Supplier, came into possession of the Goods.
7.2. The consumer may withdraw from the contract for the provision of electronic services, without giving any reason, within 14 calendar days from the date of conclusion of the contract.
7.3. The consumer is not entitled to withdraw from the contract in the cases specified in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), and in particular if the subject of sale is Goods that deteriorate quickly or have a short shelf life, or if the subject of sale is Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery. Note: the above means that in relation to Goods classified as food goods, the Consumer is not entitled to withdraw from the contract after opening the product.
7.4. In order to exercise the right of withdrawal, the Consumer must inform the Seller of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail).
7.5. The consumer may use the model withdrawal form, but it is not mandatory.
7.6. The consumer may also complete and send the contract withdrawal form or any other unequivocal statement electronically via the following websites: mz-store.pl, muscle-zone.pl, mz-store.co.uk, mz-store.de, mz- store.it, mz-store.at, mz-store.es. If the Consumer takes advantage of this option, the Seller shall immediately send the Consumer a confirmation of receipt of information on withdrawal from the contract on a durable medium (e.g. by e-mail).
7.7. The model withdrawal form is available for download on the website.
7.8. In order to meet the withdrawal deadline, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the withdrawal period expires.
7.9. In the event of withdrawal from the contract, the Seller returns all payments received from the Consumer, including the costs of delivering the item (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the Consumer's decision to exercise the right to withdraw from the contract. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different solution proposed by the Seller; in any case, the Consumer will not incur any fees in connection with this return.
7.10. The Seller may withhold the reimbursement until receipt of the Goods or until proof of its return is provided, depending on which event occurs first.
7.11. The goods should be returned or handed over to the Seller to the following address: ul. Cypriana Kamila Norwida 47, 84-240 Reda. The goods should be returned immediately, and in any case not later than within 14 days from the date on which the Consumer informed the Seller about the withdrawal from the contract. The deadline is met if the Consumer sends back the Goods before the expiry of the 14-day period.
7.12. In the event of withdrawal from the contract, the Consumer bears the costs of direct return of the Goods.
7.13. In the event of partial withdrawal from the contract and return of some of the ordered products by the Consumer, the Seller will refund the funds only for the returned products, and the returned amount will be additionally reduced by the shipping cost, if the Consumer in the order received free shipping or a discount on the shipping cost, and the returned products will reduce the amount of the order up to the amount that does not entitle to such a discount.
7.14. The consumer is responsible for the decrease in the value of the Goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the Goods.
7.15. The provisions regarding the Consumer contained in this point 7 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Customer who is a natural person concluding a contract directly related to its business activity, when the content of the contract shows that it does not have it is of a professional nature for that person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
8. COMPLAINT
8.1. All complaints regarding the purchased Goods, including those regarding the course of the Order, should be submitted by e-mail to the following address: office@mz-store.pl
8.2. If a defect is detected, the defective Goods should be returned to the following address: MZ-Store S.A., ul. Cypriana Kamila Norwida 47, 84-240 Reda. Returns of defective goods for customers with a Polish address are carried out at the expense of the Seller via the DHL or InPost courier company. The customer has the option of ordering the collection of the shipment at a time convenient for him or sending the shipment at a DHL ParcelShop point of his choice. In the case of customers from other countries, to the address: MZ-Store S.A., ul. Cypriana Kamila Norwida 47, 84-240 Reda and submit a complaint in accordance with point 8.1, which should contain at least the following data:
8.2.1. customer and order designation,
8.2.2. the subject of the complaint,
8.2.3. circumstances justifying the complaint.
8.3. Filing a complaint regarding non-compliance of the Delivery with the invoice or the Order and complaints regarding damage to the shipment in transport should be made immediately after receipt of the shipment. It is recommended that, together with the complaint, the Customer provides the Seller with: a shipping damage report drawn up in the presence of the courier and a photo (with a date stamp) of the non-compliance found, which will allow the Seller to consider the complaint positively.
8.4. Filing a complaint regarding the condition of the parcel received at the InPost sp. z o.o. parcel locker should be made using the appropriate option in the Parcel Locker, in which the parcel should be immediately placed back in the parcel locker's box (Paczkomat), leaving it at the disposal of InPost Sp. z o.o. The complaint form will be sent to the Customer's e-mail address. It must be completed within 14 days and approved, which is tantamount to submitting a complaint. If the customer fails to do so, the package will be sent back to the sender. Claims for losses or damage to the shipment which are not visible on receipt may be submitted no later than within 7 days from the date of receipt. In this situation, it is necessary to take the parcel under complaint to an InPost facility and draw up a damage report at the facility.
8.5. If, as a result of accepting the complaint regarding the delivery, the same Order is sent to the Customer for the second time, and at the same time the supplier delivers the "lost" first shipment, the Customer is obliged to return one shipment to the following address: MZ-Store S.A., ul. Cypriana Kamila Norwida 47, 84-240 Reda. The cost of returning the parcel will be borne by the Seller. Alternatively, the Customer has the option to keep the second shipment, provided that payment is made for it.
8.6. The Seller will respond to the complaint of the Goods in the same form in which the complaint was submitted immediately, not later than within 14 calendar days from the date of receipt of the complete complaint. The Seller shall immediately notify the Customer of any deficiencies in the complaint, informing him about the method of supplementing the complaint.
9. OUT-OF-COURT METHODS OF RESOLVING DISPUTES
9.1. After ineffectively exhausting the complaint procedures and after obtaining the Seller's consent, the Consumer may use the out-of-court method of dealing with complaints and pursuing claims. Information on the rules of access to these procedures can be found on the website of the Office of Competition and Consumer Protection at: http://www.uokik.gov.pl
10. COOKIES POLICY
10.1. MZ-STORE uses the mechanism of "cookies" which, when browsing the Website, including the use of the Online Store by Customers, are saved by MZ-STORE on the hard drive of the terminal device using the Website.
10.2. The use of "cookies" is aimed at the correct operation of the Websites on end devices using the Websites. This mechanism does not destroy the end device and does not cause configuration changes in end devices or in the software installed on these devices. "Cookies" are not intended to identify users of the Websites.
10.3. MZ-STORE uses the mechanism of "cookies" in order to:
10.3.1. remembering information about the end devices of Website users, including Customers,
10.3.2.verification and development of its offer,
10.3.3. statistical.
10.4. The User of the Website has the option to set the browser to block certain types of "cookies" and other technologies, by specifying, for example, that only those that are necessary for the correct display of the website will be allowed. By default, most browsers allow the use of all "cookies", however, the user of the Website has the option to change these settings at any time, he can also delete already installed "cookies". Each of the browsers allows such action through one of the options available in the settings or preferences.
10.5. It is also possible to use the Website in the so-called incognito mode, which blocks the possibility of collecting data about the visit to the Website.
10.6. Using the Website without changing the browser settings, i.e. with the default acceptance of "cookies" and similar technologies, means consent to their use for the purposes specified above. The administrator does not use the information obtained for marketing purposes.
10.7. On our websites, third parties place information in the form of cookies (so-called cookies) and other similar technologies on your end device (e.g. computer, smartphone) and gain access to them. These are our trusted partners with whom we constantly cooperate to tailor the advertisements on our and their websites to your needs and interests, as well as the services that we and our trusted partners provide. Entities from the Wirtualna Polska capital group are such a trusted partner. Detailed information on the processing of your data by Wirtualna Polska can be found in the privacy policy of Wirtualna Polska.
11. PERSONAL DATA
11.1. In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation data), Journal device EU L 119/1 of May 4, 2016 [GDPR], and pursuant to the provisions of the Personal Data Protection Act of May 10, 2018 (Journal of Laws of 2018, item 1000, as amended), we inform you, that:
11.1.1. The administrator of your Personal Data is MZ-STORE Spółka Akcyjna with its registered office in Reda at ul. Cypriana Kamila Norwida 47 (84-240), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-North in Gdańsk, 8th Commercial Division of the National Court Register under number 0000877266, with NIP: 5862363341 and REGON number: 387876117, with share capital of PLN 5,000,000.00 PLN. You can contact the Administrator: by post to the address indicated above or by e-mail: office@mz-store.pl
11.1.2. Your Personal Data is processed on the basis of the following provisions and for the following purpose:
- in order to provide Electronic Services in the scope of making content collected on the Websites available to Customers and other persons – then the legal basis for processing is the necessity of processing to perform the contract (Article 6(1)(b) of the GDPR);
- in order to provide services related to the maintenance and servicing of the Customer Account and the implementation of the Sales Agreement and the Order – the legal basis for processing is the necessity of processing to perform the contract (Article 6(1)(b) of the GDPR), and in the scope of data provided optionally - the legal basis for processing there is consent (Article 6(1)(a) of the GDPR);
- in order to handle purchases made without registering a Customer Account – then the legal basis for processing is the necessity of processing to perform the contract (Article 6(1)(b) of the GDPR);
- in order to fulfill the statutory obligations incumbent on the Administrator, resulting in particular from tax and accounting regulations – the legal basis for processing is the legal obligation (Article 6(1)(c) of the GDPR);
- in order to handle complaints – then the legal basis for processing is the necessity of processing to perform the contract (Article 6(1)(b) of the GDPR);
- for analytical and statistical purposes – then the legal basis for processing is the Administrator's legitimate interest (Article 6(1)(f) of the GDPR) consisting in conducting analyzes of the activity of Website users, as well as their preferences in order to improve the functionalities and services provided;
- in order to possibly establish and pursue claims or defend against them – the legal basis for processing is the Administrator's legitimate interest (Article 6(1)(f) of the GDPR) consisting in the protection of his rights;
- for marketing purposes of the Administrator and other entities, in particular related to the presentation of behavioral advertising based on the consent granted (Article 6(1)(a) of the GDPR).
11.2. Your Personal Data is processed for the purposes explained in this provision 11, primarily for the purpose of executing Orders and providing access, personalization, development and security of Electronic Services provided via the Websites. In connection with the above, we process your Personal Data such as: name and surname, telephone number, customer number, address of residence (or other address indicated as the delivery address), IP or e-mail address. All information that does not allow (also in combination with other information) your identification is treated as non-personal data. Non-personal data is also referred to as anonymous data. If your Personal Data is combined with anonymous data, all data in such a bundle is treated as Personal Data. As a general rule, if we ask you to provide certain personal information, you are of course free to decline our request. You decide what information you provide to us. Presumably, in such a situation, however, we will not be able to provide you with selected Electronic Services or the implementation of the Sales Agreement (or they will not be available in an optimal way). For example, we cannot deliver an Order without providing an address delivery. If only specific information (mandatory information) is required in connection with a specific Electronic Service or Sales Agreement, we inform about it by appropriate marking, e.g. by marking such a field with a mark *.
11.3. The period of processing Personal Data by the Administrator depends on the type of Electronic Service or results from the Sales Agreement and the purpose of processing. As a rule, Personal Data is processed for the duration of the provision of the Electronic Service or the implementation of the Sales Agreement, until the consent is withdrawn or an effective objection to the processing of Personal Data is made in cases where the legal basis for the processing of Personal Data is the Administrator's legitimate interest. The period of processing Personal Data may be extended if the processing is necessary to establish and pursue any claims or defend against them, and after that time only if and to the extent required by law. After the expiry of the processing period, Personal Data is irreversibly deleted or anonymised.
11.4. Your Personal Data may be disclosed to external entities, including in particular couriers, customs agencies, marketing agencies, IT service providers to whom we commission services related to the processing of Personal Data. The data is also disclosed to external Sellers offering goods on the Website as part of the marketplace functionality. Such entities process Personal Data on the basis of an agreement with us and only in accordance with our instructions, to the extent indicated by us. In the event of a complaint, the Customer's Personal Data may be transferred to the Seller, product distributor, manufacturer or guarantor, depending on the Goods covered by the complaint. In the event of obtaining your consent, Personal Data may also be made available to other entities for their own purposes, including marketing purposes. With your consent, we may transfer your Personal Data, to the extent necessary for the implementation of the Sales Agreement, to external companies servicing online payments, if you choose this type of payment through one of the payment systems. The transfer concerns the Personal Data necessary to complete the payment. Choosing a specific type of payment constitutes consent to the transfer of data to the payment operator.
11.5. With regard to your Personal Data, you have the right to:
- request the Administrator to provide information or access to Personal Data, as well as to receive a copy thereof (Article 15 of the GDPR);
- request the Administrator to rectify or correct Personal Data (Article 16 of the GDPR) – in relation to the request to rectify data when you notice that the data is incorrect or incomplete;
- request the Administrator to delete Personal Data (Article 17 of the GDPR);
- request the transfer of Personal Data -– on this basis, to the extent that the data is processed in connection with the Sales Agreement or the consent given, the Administrator issues Personal Data provided by the person to whom they relate, in a format that allows them to be read by a computer; it is also possible to request that these data be sent to another entity - provided, however, that there are technical possibilities in this respect both on the part of the Administrator and that other entity;
- request the Administrator to limit processing (Article 18 of the GDPR) – e.g. when you notice that the Personal Data is incorrect, you can request the restriction of the processing of your Personal Data for a period allowing us to check the correctness of this data;
- file a complaint in connection with the processing of your Personal Data by the Administrator to the President of the Office for Personal Data Protection. If you have consented to the processing of your Personal Data, we would like to inform you that you can withdraw your consent at any time in writing to the Data Administrator's address or by e-mail to the following address: office@mz-store.pl and the withdrawal of consent does not affect the lawfulness of the processing that has been carried out based on consent before its withdrawal.
11.6. Providing Personal Data is basically voluntary, their absence makes it impossible, however, to respond to the inquiry, conclude and perform the contract with the Administrator.
11.7. Direct marketing (newsletter, e-mail, telephone and SMS). If you agree to this, we will be able to use the Personal Data provided to us to send you marketing offers available in the Online Store, Newsletter, surveys and invitations - by e-mail, in text messages or by phone, depending on the scope of your consent . Personal Data provided to us in this way may be transferred to third parties only to provide these services to our company and it allows marketing agencies and technical suppliers to distribute digital and printed direct marketing materials. We never transfer your Personal Data for marketing purposes, we do not sell it or exchange it with other entities, except for the purposes described above, unless you give your informed consent to such disclosure. You have the right to withdraw your consent to the processing of Personal Data for direct marketing purposes at any time. When you withdraw your consent to the processing of Personal Data for direct marketing purposes, we will no longer be able to send you any direct marketing offers or information previously sent on the basis of consent to the processing of Personal Data. You can opt out of receiving direct marketing materials as follows:
11.7.1. by editing the settings of your Customer Account - unchecking the appropriate consents in the tab;
11.7.2. by submitting a request via e-mail to the following address: office@mz-store.pl.
11.8. In the process of providing direct marketing services, we make decisions in an automated manner based on the data we have about you that define your preferences (such as purchase history). Based on this information, we assign you a personal profile relevant to the possibility of offering you our services or the services of our partners and the amount of discounts that we can grant you. These decisions are made automatically based on statistical analyses. Decisions made in this automated manner affect the selection of services and products offered to you, which in our opinion may be of interest to you.
11.9. Making decisions in an automated manner for direct marketing purposes is based on your consent.
11.10. If you do not agree with our assessment of the situation made in this way, you can submit a complaint through the following communication channels:
11.10.1. in person or by post at the following address: MZ-STORE S.A., ul. Cypriana Kamila Norwida 47, 84-240 Reda or via e-mail: office@mz-store.pl
11.10.2. by phone: + 48 510 054 085 Please provide information which, in your opinion, justifies the inaccuracy of our assessment. You may also be asked for this information later.
11.11. We have the right to verify the accuracy of the data provided when registering in the Online Store – if it is found that the data is not true, we have the right to delete the Customer's Account, after sending an e-mail to the Customer with information that due to the inaccuracy of the data, the Account will be deleted.
11.12. We may also transfer personal data to recipients based outside the European Economic Area in the so-called third countries. In this case, before transferring the data, we ensure that the recipient has an appropriate level of data protection (e.g. on the basis of a decision of the EU Commission stating the appropriate level of protection for the relevant country or agreeing with the recipient on the so-called standard contractual clauses of the European Union) or your consent to transfer data. You can obtain an overview of recipients in third countries from us and obtain a copy of the specifically agreed regulations for ensuring an adequate level of data protection. Please use the data provided in section 11.9.
12. RESPONSIBILITY
12.1. The Seller is obliged to deliver the Goods in accordance with the Agreement.
12.2. To buyers who are Entrepreneurs, the Seller is liable for defects in the Goods on the terms set out in art. 556 and subsequent of the Civil Code.
12.3. To buyers who are Consumers or Entrepreneurs with consumer rights, the Seller is liable for the non-compliance of the Goods with the contract on the terms set out in Chapter 5a of the Act on Consumer Rights.
12.4. In the event of non-compliance of the Goods with the Agreement, the Consumer or Entrepreneur with consumer rights is entitled to a claim against the Seller to bring the Goods into compliance with the Agreement by repairing or replacing the Goods with a new one. The Seller may make a replacement when the Consumer or Entrepreneur with consumer rights requests repair, or may make a repair when the Consumer or Entrepreneur with consumer rights requests replacement, or refuse to bring the Goods into compliance with the Agreement if the Goods are brought into conformity with the Agreement in a manner chosen by the Consumer. or Entrepreneur with consumer rights is impossible or would require the Seller to incur excessive costs.
12.5. The Seller shall make the repair or replacement within a reasonable time from the moment when the Seller was informed by the Consumer or Entrepreneur on consumer rights about the lack of conformity with the contract, and without excessive inconvenience to the Consumer or Entrepreneur on consumer rights, taking into account the specificity of the goods and the purpose for which they were purchased. Commodity. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.
12.6. The consumer provides the entrepreneur with the Goods subject to repair or replacement. The Seller collects the Goods from the consumer at his own expense.
12.7. The consumer or Entrepreneur with consumer rights may demand a price reduction or withdraw from the Agreement if:
12.7.1. The Seller refused to bring the Goods into compliance with the Agreement in a situation where repair and replacement would be impossible or would require excessive costs for the Seller,
12.7.2. The Seller did not bring the Goods into compliance with the Agreement within a reasonable time or bringing the Goods into compliance with the Agreement would result in excessive inconvenience to the Consumer or Entrepreneur with consumer rights,
12.7.3. The Seller did not collect the Goods made available by the Consumer or Entrepreneur on consumer rights,
12.7.4. The Goods were installed before the non-compliance of the Goods with the Agreement was revealed, and the Seller did not disassemble the Goods or disassembled them, but did not reassemble them after repair or replacement, or did not commission these activities at its own expense,
12.7.5. the non-compliance of the Goods with the Agreement still occurs, even though the Seller has tried to bring the Goods into compliance with the Agreement,
12.7.6. the lack of conformity of the Goods with the Agreement is significant enough to justify an immediate price reduction or withdrawal from the Agreement, without prior use of the possibility of repair or replacement of the Goods,
12.7.7. The Seller's statement or the circumstances clearly show that he will not bring the Goods into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Consumer or Entrepreneur with consumer rights.
12.8. the Consumer or Entrepreneur with consumer rights may withdraw from the Agreement if the lack of compliance of the Goods with the Agreement is significant. It is presumed that the lack of conformity of the Goods with the Agreement is significant.
12.9. MZ-STOE is not responsible for the correctness for improper performance of contracts concluded by Sellers and Buyers via the Online Store, except when MZ-STORE is the Seller.
12.10. In particular, MZ-STORE is not responsible for the quality, legality and safety of the Goods offered by Sellers (other than MZ-STORE).
12.11. MZ-STORE is not responsible for the impossibility or difficulties in using the Online Store, resulting from reasons attributable to the Customer, in particular for loss by the Customer or third parties (regardless of the method) of his Password. MZ-STORE is responsible, however, if the Client's loss or third parties came into possession of his Password occurred for reasons attributable to MZ-STORE or reasons for which MZ-STORE is responsible.
12.12. MZ-STORE is not liable for damages caused by the actions or omissions of customers, in particular for their use of the Online Store in a manner inconsistent with applicable law or the Regulations.
13. FINAL PROVISIONS
13.1. The Regulations are valid from the date of publication on the Online Store website and replace the previously applicable Online Store regulations.
13.2. The Regulations may be changed for important reasons, which are considered in particular:
13.2.1. a significant change in the scope of business activity conducted by MZ-STORE;
13.2.2. change of address details;
13.2.3. change of the company (name) of MZ-STORE;
13.2.4. change of the legal form of conducting business activity by MZ-STORE;
13.2.5. technical change regarding the functioning of the Online Store;
13.2.6. change of payment methods;
13.2.7. change of delivery methods;
13.2.8. change of applicable law.
13.3. In the event of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services - Customer Account), the amended Regulations are binding on the Customer, if the requirements set out in art. 384 and 384 [1] of the Civil Code, i.e. the Customer was properly notified of the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the current ones, the Customer has the right to withdraw from the contract.
13.4. In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will in no way affect the rights of customers acquired before the date of entry into force of the amendments to the Regulations, in particular, the amendments to the Regulations will not affect the already submitted or placed Orders and concluded, implemented or executed Sales Agreements.
13.5. If a particular provision of the Regulations is considered invalid or ineffective, the invalidity or ineffectiveness of this provision does not affect the validity or effectiveness of the remaining provisions of the Regulations. MZ-STORE will make every effort to replace the invalid or ineffective provision with a new, legally non-defective provision.
13.6. The contract is subject to Polish law. In the case of the Consumer, the choice of law applies only to the extent that it does not violate the protection granted to the Consumer on the basis of the provisions in force in the place of his permanent residence, which cannot be excluded by agreement (principle of preferential provisions).
13.7. The law applicable to the settlement of any disputes arising from these Regulations is the law applicable to the place of residence of the Consumer. For other disputes, the general rules apply. The competent court for considering disputes arising from these Regulations, Sales Agreements and contracts for the provision of electronic services is the common court with material and local jurisdiction. This does not affect the right to choose another court that would have jurisdiction under the law.