Terms and conditions of the Maximus Solaria online store

 

The owner of the MAXIMUS SUNBEDS online store is MAXIMUS A. Domalik Sp.j. with it registered office in Gdańsk at ulica Startowa 2, 80-461 Gdańsk, entered into the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk under KRS number: 0000296228.

Contact details of the Maximus Sunbeds online store:

phone: +48 58 624 90 50

e-mail: info@maximus-solaria.pl

The place of contracting is the comapnies sales office located in Bojano at ul. Kwiatowa 3, 84-207 Bojano.

The contract is concluded under the condition of accepting these Terms and Conditions (T&C). The current version of the T&C is shared free of charge on the Store's website. Registering in the service does not oblige to place orders.



I. Definitions

1. STORE - Website maintained at www.sklep.maximus-solaria.pl, through which the Customer can purchase selected Goods.

2. CUSTOMER - an adult natural person, a legal person or an organizational unit that is not a legal person who is granted legal capacity, which makes orders within the Shop.

a) RETAIL CUSTOMER - the Customer purchasing the Product as a natural person;

b) WHOLESALE CLIENT - Customer authorized to purchase selected Goods at wholesale prices and under wholesale rules; who obtained the status of a Wholesale Customer from the Stores employee after registering on the Store's website.

3. CONSUMER - a natural person who, by submitting the Order, works for purposes not directly related to its business or professional activity.

4. SELLER - the owner of the Maximus Sunbeds Store.

5. PARTY - Customer or Seller.

6. T&C - these regulations for the provision of electronic services as part of the Maximus Sunbeds online store.

7. GOODS - products presented in the Online Store.

8. SALES AGREEMENT - a contract for the sale of Goods within the meaning of the Civil Code concluded between the Seller and the Customer, using the online store website.

9. ORDER - a declaration of intent of the Customer that unequivocally defines the type and quantity of Goods, aiming directly at the conclusion of the Sales Agreement on the terms specified in the Store's offer and in the T&C.

10. ACCOUNT - described with an individual name (login) and a password specified by the Customer, a set of resources in the Seller's IT system, where the Customer's data is collected, including information about submitted Orders.

11. CIVIL CODE - Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).

12. THE ACT ON THE PROVISION OF SERVICES BY ELECTRONIC MEANS - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).

13. ACT ON CONSUMER RIGHTS - Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827)



II. General provisions

1. These T&C define the rules of using the Maximus Sunbeds Online Store available at www.sklep.maximus-solaria.pl.

2. These T&C are the regulations referred to in art. 8 of the Act on the provision of electronic services.

3. The online store, operating at www.sklep.maximus-solaria.pl, is run by Maximus A.Domalik Sp.j.

4. The store conducts retail and wholesale sales via the Internet.

5. These T&C specify in particular:

a) the rules for registering and using the Account as part of the Online Store;

b) the terms and conditions for submitting orders via the Online Store through e-mail;

c) the rules for concluding Sales Agreements with the use of services provided as part of the Online Store.

6. Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:

a) any web browser (Internet Explorer version 6 or newer, Mozilla Firefox, Safari, Opera, Chrome),

b) having active e-mail,

c) enabled cookies and Java Script.

7. In order to use the Online Store, the Customer should obtain access to a computer station or terminal device with access to the Internet



III. Account registration

1. A retail customer may purchase goods using the following means:

a) after registration – when opening an Account in the Store,

b) by omitting the registration procedure.

2. A wholesale customer who wants to purchase the Goods at wholesale prices nad terms is subject to mandatory registration and logging in when placing the Order. The basis for obtaining the status of a wholesale customer is prior verification by an employee of the store. It usually takes up to 24H on business days.The seller reserves the right to refuse such status.

3. In case of registration, the Customer sets up his / her individual Account. The login to the Account is the e-mail address provided by the Customer. By using the Account, the Customer uses the password of his choosing.

4. During registration of the Account, the Consumer provides the Seller with the following personal data:

a) name and surname,

b) telephone number,

c) e-mail address,

d) address of residence,

e) delivery address.

5. During the registration of the Account, the Entrepreneur provides the following data to the Seller:

a) the name and surname of the person placing the order,

b) the telephone number of the person placing the order,

c) e-mail address,

d) name (company),

e) Tax Identification Number (NIP),

f) address of the registered office,

g) delivery address,

h) a statement as to whether the entrepreneur is an EU VAT taxpayer,

i) Internet address.

6. The customer, by voluntarily providing the Seller with his personal data, consents at the same time to their processing for purposes directly related to the implementation of the Order.

7. After registration, the system automatically sends a registration confirmation to the e-mail address provided by the Customer.



IV. Placing the order

1. In order to place an Order via the Online Store, a Customer needs to visit the website www.sklep.maximus-solaria.pl, select the appropriate product and its quantity and take subsequent technical steps based on the messages displayed to the Customer according to the information available on the website.

2. The customer indicates the Goods with the cursor, then adds them to the shopping list by clicking the "Add to cart" button.

3. While placing the Order - until the "Confirm Purchase" button is pressed - the Customer has the possibility to modify the entered data and to modify the selection of the Goods. To do this, the messages displayed to the Client and information available on the website are to be followed.

4. After pressing the "Go to checkout" button, a summary of the placed Order is displayed. This summary contains information about:

a) the subject of the order,

b) unit and total price of ordered products, including delivery costs and additional costs (if any),

c) the chosen payment method,

d) the chosen method of delivery,

e) expected delivery time.

5. Before placing an Order, the Customer has the opportunity to read the T&C.

6. In the case of Orders placed by phone, the T&C shall be sent to the e-mail address provided by the Customer before placing the Order.

7. The order is sent by clicking the "Confirm purchase" button.

8. Sending the Order is a declaration of will to conclude with Maximus A.Domalik Sp.j. a sales contract, in accordance with the T&C, the subject of which is the sale and delivery of Goods shown in the cart.

9. After submitting the Order, the system automatically sends an email to the Customer with a final confirmation of all essential asepcts of the Order.

10. If, after submitting the Order, it turns out that the ordered Goods are not available, the Customer will be immediately notified by e-mail or by phone. In the event of such a situation, the Customer decides whether to partially execute the Order or withdraw from the Sales Agreement



V. Prices

1. The prices of Goods on the Polish Store website are prices in Polish zlotys.

2. All prices displayed in the basket on the Polish Store website are gross prices in Polish zlotys and include VAT tax.

3. The prices quoted on the English and German versions of the Store's website are net prices given in British Pounds or Euros, respectively, and will be increased by applicable VAT tax.

4. The shipping cost is added to the amount of the order - depending on the type of shipment and the amount of the order (shipment) and any additional costs (if any).

5. Before the final submission of the Order, the Customer must agree to the additional costs referred to in paragraph point 4 above.

6. A VAT invoice or a receipt is issued for each Order - according to the Client's choice. The VAT invoice may be delivered electronically to the e-mail address provided by the Customer or on the Customer's request in a traditional (paper) form.

7. The Seller reserves the right to change the prices of the Goods at any time. Changes in the prices of the Goods do not affect the price specified in the Order previously placed by the Customer.



VI. Forms of payment

1. In the case of Polish Clients, the following forms of payment are available:

a) payment before shipment:

- transfer to the Seller's bank account, e.g., 67 2490 0005 0000 4510 4924 6523,

- through the Dotpay payment system;

b) payment on delivery (cash on delivery) - payment in cash to the courier delivering the parcel;

c) through the Alior Bank instalment plan;

d) cash payment upon personal collection.

2. In the case of customers from abroad, the available payment method is only a transfer to the Seller's bank account.

3. In the case of payment on delivery, the conclusion of the Sale Agreement takes place upon confirmation of the Order by the Customer. Confirmation should take place within 24 hours from the date of sending the summary of the placed Order. In the absence of such confirmation, the Seller has the right to refuse conducting of the contract.

4. If the other payment methods are chosen, the Sale Agreement is concluded upon sending an automatic message containing the summary of the Order placed along with the Customer's data to the Customer's e-mail address.

5. The moment of payment is considered the moment of crediting the Seller's bank account.

6. The Seller reserves the right to limit the method of payment by not providing specific forms of payment



VII. Costs and delivery method

1. The Seller provides the following methods of delivery of the placed Order:

a) personal collection at the Commercial Office (Kwiatowa 3, 84-207 Bojano),

b) courier parcel,

c) delivery to the Seller.

2. The Customer selects the method of delivery of the ordered Goods when placing the Order.

3. The customer is informed about the delivery costs when placing the Order. They depend on the Goods selected by the Customer, the method of delivery and payment.

4. Information about delivery costs and delivery time is also available in the "shipment" tab on the Store's website.

5. If there may be big differences in the time of implementation or the method of packaging and delivery of individual goods making up one Order, delivery may take place in separate packages. Such a division does not affect the cost of delivery.

6. Orders are processed on business days, ie from Monday to Friday.

7. The Customer bears the costs of shipments returned to the sender if they have not been picked up at the address indicated by the Customer as the delivery address of the ordered Goods.



VIII. Right to withdraw from the Agreement

1. A person being a Consumer within the meaning of art. 22 (1) of the Civil Code, is entitled under the law - to withdraw from a distance contract, without giving a reason and without costs except for direct costs of returning the goods, by submitting an appropriate statement in writing within 14 days and sending it to the following address: Maximus Sunbeds, ul. Kwiatowa 3, 84-207 Bojano.

2. The 14-day period shall count from the day on which the Goods were delivered.

3. The form of the statement on withdrawal from the Agreement can be found here: (withdrawal from the contract - form).

4. The right to withdraw from the Agreement by the Consumer is excluded in the case of:

- goods (services) that go beyond the Store's standard offer, prepared at the Customer's special order and tailored to his individual needs;

- benefits which due to their nature can not be returned or whose subject is quickly spoiled;

- provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the beginning of the benefit that after fulfilling the provision by the entrepreneur, he will lose the right to withdraw from the contract;

- in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;

- in which the subject of the service is a non-prefabricated item, manufactured according to the specification of the Consumer or serving to satisfy his individual needs;

- in which the object of the service is an item subject to rapid deterioration or having a short shelf-life;

- in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;

- in which the object of the service are things that after delivery, due to their nature, are inseparably connected with other things;

- in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;

- in which the consumer clearly requested that the entrepreneur should come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those whose performance the Consumer has demanded, or supplies things other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is entitled to additional services or things

- in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;

- delivering newspapers, periodicals or magazines, with the exception of a subscription agreement;

- concluded through a public auction;

- provision of accommodation services, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;

- delivery of digital content that is not stored on a tangible medium, if the fulfilment of the service started with the Consumer's explicit consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.

5. In the event of withdrawal from a distance contract, the contract is considered void. What the parties have rendered is returned unchanged, unless a change was necessary within the limits of ordinary management. The return should take place immediately, not later than within 14 days from the date of sending the statement of withdrawal from the contract. The purchased Goods should be returned to the following address: Maximus Sunbeds, ul. Kwiatowa 3, 84-207 Bojano.

6. The Product returned by the Customer should be packed in an appropriate manner, ensuring no damage to the shipment during transport.

7. The Customer is liable for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

8. The reimbursement of the price paid and any costs incurred in connection with the conclusion of the contract shall be made immediately, however not later than within 14 days from the date of receipt of the Customer's statement of withdrawal from the Agreement. The Seller reserves the right to refrain from returning the payments received until the item is returned or Customer provides proof of sending the item to Seller.

9. The return of payments received by the Customer is made using the same method of payment as the Customer used.

10. If the Buyer has chosen the method of delivery of the item other than the cheapest usual delivery method offered by the Seller, the Seller shall not be obliged to refund to the Buyer additional costs incurred by the Buyer.



IX. Complaint procedure

1. Maximus Sunbeds Sp.j. as the Seller is liable to the Customer being a Consumer within the meaning of art. 22 (1) of the Civil Code, for non-compliance with the Contract for the sale of Goods purchased by the Consumer, to the extent specified by the Polish Civil Code. The Seller is obliged to provide goods free of defects

2. Complaints arising from the infringement of the rights of the Customer guaranteed by law or under these T&C should be submitted in writing to the following address: Maximus Solaria, ul. Kwiatowa 3, 84-207 Bojano.

3. The Client who is not a Consumer is obliged to check the parcel in the presence of the courier or postman - if the consignment does not have any damage occurred in transport and if necessary perform actions necessary to determine the carrier's liability - in particular, prepare a damage report with the courier.

4. All defects and non-compliance of the purchased Goods with the Agreement should be reported promptly, no later than within one month of their finding. In the case of consumers, the period is two months.

5. A correctly submitted complaint should contain:

- Buyer's first and last name,

- address,

- e-mail address,

- the date of conclusion of the Agreement constituting the basis of the complaint,

- subject of the Complaint, indicating the Buyer's request,

- circumstances justifying the Complaint.

The complaint may be filed on the complaint form available here (link).

6. The Seller undertakes to consider the Complaint within 14 days from the date of its receipt in the correct form. If the data or information provided in the Complaint require supplementing, before considering the Complaint, the Seller asks the Complaining Party to supplement it in the indicated scope.

7. The legal basis of the Complaint and the claim shall be chosen by the Buyer.

8. The buyer has the opportunity to use the out-of-court methods of dealing with complaints and redress:

a) the ODR online platform (Online Dispute Resolution, available at: http://ec.europa.eu/consumers/odr/)

a) Consumer Ombudsmen - operate in every county and city with poviat rights;

b) Consumer organizations - Consumer Federation and the Association of Polish Consumers;

c) a permanent amicable consumer court operating at the voivodeship inspectorates of the Trade Inspection (WIH) and with their non-resident branches;

d) mediation at WIH



X. Personal data protection and privacy policy

1. The Controller of personal data provided by the Customer is MAXIMUS A. Domalik Sp.j. with headquarters in Gdańsk at ul. Startowa 2, 80-461 Gdańsk.

2. Maximus A. Domalik Sp.j. processes Customer's personal data to the extent necessary to establish, shape the content, change as well as correct implementation of services.

3. Customers' personal data may be made available to entities authorized to receive them under applicable law, including the competent judicial authorities.

4. The Customer has the right to inspect their personal data, the right to correct them and make a request to cease their use.

5. Maximus A.Domalik Sp.j. Respects the privacy of customers and is against using private data of the Shop's clients for advertising purposes.

6. In order to buy the Goods offered by the Online Store, please provide your personal details and shipping address. Maximus A.Domalik Sp.j. declares that it uses private data only for a specific transaction. These data will be forwarded to the courier company that delivers the parcel.

7. Maximus A.Domalik Sp.j. guarantees that the processing and storage of personal data is carried out using secure, modern, proven electronic methods.

8. For proper operation, the Maximus Sunbeds online store uses cookies (small text files saved on the Buyer's computer disc). These are files that allow you to identify the Buyer by the electronic system and improve the operation of certain functions, such as automatic login.

9. Detailed principles of privacy protection and processing of personal data of clients and contractors are set out in the privacy policy



XI. Copyright

1. The proprietary copyrights to all graphic elements of the Maximus Sunbeds Online Store and other content contained therein, including descriptions of goods, may constitute a creation within the meaning of the Act of 4 February 1994 on copyright and related rights. Apart from clearly described cases, these rights are vested in Maximus A.Domalik Sp.j.

2. Any copying, dissemination and making of works made available by Maximus A. Domalik Sp.j. , without the express written consent of the Company, may constitute a violation of its proprietary copyrights.

XII. Ownership of the goods, exclusions

1. The seller reserves the ownership of the goods sold to all buyers, regardless of the purchase basis, until payment of the entire price. Only when the entire agreed price is paid, the buyer becomes the owner of the purchased goods;

2. In the case of the sale of goods to entrepreneurs, the rights resulting from the warranty for defects are excluded, which does not limit any claims for damages;

3. In the case of the sale of goods to entrepreneurs, the right to set off any amounts due to the Buyer being an entrepreneur with the Seller's receivables resulting from the sale of goods offered in the online store is excluded.

4. In the case of the sale of goods to entrepreneurs, assignment of rights or obligations of the Buyer being an entrepreneur is possible only with the prior consent of the Seller.



XIII. Final Provisions

1. The provisions of the Regulations do not limit the rights of the consumer due to the mandatory law.

2. Contracts concluded on the basis of these Regulations shall be subject to Polish law.

3. Settlement of any disputes arising between the Seller and the Customer shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure. Disputes with entrepreneurs are resolved by the court competent for the registered office of the Seller.

4. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of the Polish law shall apply.

5. These Regulations shall apply from 1st of October 2018.