The owner of the MAXIMUS SUNBEDS online store is the company Maximus Solaria Spółka z o.o. based in Gdańsk at ul. Startowa 2, 80-461 Gdańsk, registered in the Register of Entrepreneurs maintained by the District Court Gdańsk-Północ in Gdańsk under the KRS number: 0000945663, with a share capital of 1,000,000 zlotys.

Contact details of the Maximus Sunbeds online store:
tel.: 58 624 90 50
e-mail: [email protected]

The place of concluding contracts is the sales office located in Bojano at ul. Kwiatowa 3, 84-207 Bojano.
A condition for concluding the contract is the acceptance of these Terms and Conditions. The current version of the Terms and Conditions is made available free of charge on the Store's website.
Registration on the website does not oblige to place orders.

I. Definitions

1. STORE – The online service operated at https://shop.maximus-sunbeds.com, through which the Client may purchase selected Goods.
2. CLIENT – an adult natural person, legal person or organizational unit without legal personality, to whom special provisions grant legal capacity, who places an Order within the Store.
   a) RETAIL CLIENT – a Client purchasing Goods as a natural person;
   b) WHOLESALE CLIENT – a Client authorized to purchase selected Goods at wholesale prices and terms; who, after registration on the Store's website, received Wholesale Client status from a Store employee.
3. CONSUMER – a natural person who, when placing an Order, acts for purposes not directly related to his/her business or professional activity, as well as a natural person (entrepreneur) who, when placing an Order for purposes related to the activity conducted by him/her, but not having a professional character for him/her, resulting in particular from the subject of the business activity conducted by him/her, made available based on the provisions on the Central Register and Information on Economic Activity.
4. SELLER – the owner of the Maximus Sunbeds Store.
5. PARTY – Client or Seller.
6. TERMS AND CONDITIONS – these Terms and Conditions of electronic service provision within the Maximus Sunbeds online store.
7. GOODS – products presented in the online Store.
8. SALES CONTRACT – a sales contract of Goods within the meaning of the Civil Code concluded between the Seller and the Client, using the Store's online service.
9. ORDER – a declaration of will by the Client specifying unambiguously the type and quantity of Goods, aimed directly at concluding a Sales Contract on the terms specified in the Store's offer and in these Terms and Conditions.
10. ACCOUNT – a set of resources in the Seller's IT system identified by an individual name (login) and password chosen by the Client, in which Client data, including information about placed Orders, is gathered.
11. CIVIL CODE – the act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended).
12. ACT ON ELECTRONIC SERVICES – the act of July 18, 2002 on electronic services (Journal of Laws No. 144, item 1204 as amended).
13. CONSUMER RIGHTS ACT – the act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827).

II. General Provisions

1. These Terms and Conditions define the rules for using the Maximus Sunbeds online Store available at https://shop.maximus-sunbeds.com.
2. These Terms and Conditions constitute the regulations referred to in Article 8 of the ACT on electronic service provision.
3. The online store, operating at https://shop.maximus-sunbeds.com, is operated by Maximus Solaria Spółka z o.o.
4. The Store conducts retail and wholesale sales via the Internet.
5. These Terms and Conditions specify in particular:
   1. rules of registration and use of an Account within the online Store;
   2. conditions and rules for placing Orders electronically within the online Store;
   3. rules for concluding Sales Contracts using services provided within the online Store.
6. Use of the online Store is possible provided that the IT system used by the Client meets the following minimum technical requirements:
   1. any web browser (Internet Explorer version 6 or newer, Mozilla Firefox, Safari, Opera, Chrome),
   2. active e-mail account,
   3. enabled cookies and JavaScript support.
7. To use the online Store, the Client should independently obtain access to a computer workstation or end device with Internet access.

III. Account Registration

1. A retail Client may make a purchase:
   1. by registration – creating an Account in the Store,
   2. without registration,
   3. using a Facebook account or a G-mail account.
2. A wholesale Client who wants to purchase Goods at wholesale prices is subject to mandatory registration and login during placing an Order. The basis for obtaining Wholesale Client status is prior verification by a Store employee, which usually takes up to 24 hours on business days and follows a short telephone conversation. The Seller reserves the right to refuse to grant such status.
3. When registering, the Client creates his/her individual Account. The login to the Account is the e-mail address provided by the Client. The Client uses a password chosen by him/her to access the Account.
4. During Account registration, the CONSUMER provides the Seller with the following personal data:
   1. first and last name,
   2. phone number,
   3. e-mail address,
   4. residential address,
   5. delivery address.
5. During Account registration, the Entrepreneur provides the Seller with the following data:
   1. name and surname of the person placing the order,
   2. phone number of the person placing the order,
   3. e-mail address,
   4. company name,
   5. Tax Identification Number (NIP),
   6. registered office address,
   7. delivery address,
   8. statement whether the entrepreneur is a VAT EU taxpayer,
   9. website address.
6. By voluntarily providing personal data to the Seller, the Client simultaneously consents to their processing for purposes directly related to order fulfillment.
7. After registration, the system automatically sends a registration confirmation to the e-mail address provided by the Client.

IV. Placing an Order

1. To place an Order via the online Store, go to the website shop.maximus-sunbeds.com, select the appropriate product and quantity, performing subsequent technical steps based on messages and information displayed to the Client on the website.
2. The Client points to Goods with the cursor, then adds them to the shopping list by clicking the "Add to cart" button.
3. During placing the Order – until pressing the "Confirm purchase" button – the Client may modify entered data and modify the selection of Goods. For this purpose, follow the messages and information displayed to the Client on the website.
4. After pressing the "Go to checkout" button, a summary of the placed Order is displayed. This summary contains information about:
   1. the subject of the order,
   2. unit and total price of ordered products, including delivery costs and additional costs (if any),
   3. chosen payment method,
   4. chosen delivery method,
   5. expected delivery time.
5. Before placing the Order, the Client has the opportunity to familiarize himself/herself with the Terms and Conditions.
6. In case of Orders placed by phone, the Terms and Conditions are sent to the e-mail address indicated by the Client before placing the Order.
7. Sending the Order is done by pressing the "Confirm purchase" button.
8. Sending the Order constitutes a declaration of will to conclude a Sales Contract with Maximus Solaria Spółka z o.o., in accordance with the Terms and Conditions, the subject of which is the sale and delivery of Goods in the Cart.
9. After placing the Order, the system automatically sends an e-mail to the Client containing the final confirmation of all essential elements of the Order.
10. If after placing the Order it turns out that the ordered Goods are unavailable, the Client will be promptly informed by e-mail or phone. In such a case, the Client decides on partial fulfillment of the Order or withdrawal from the Sales Contract.

V. Prices

1. Prices of Goods listed on the Polish version of the Store's website are prices in Polish zlotys.
2. All prices displayed in the cart on the Polish version of the Store's website are gross prices in Polish zlotys and include VAT.
3. Prices listed on the English and German versions of the Store's website are net prices given respectively in British pounds or euros and will be increased by applicable VAT.
4. Delivery cost is added to the Order amount – depending on the type of shipment and the value of the Order (shipment) and possible additional costs (if any).
5. Before finalizing the Order, the Client must consent to the additional costs added to the Order, as mentioned in item 4 above.
6. For each Order, a VAT invoice or receipt is issued – at the Client's choice. The VAT invoice may be delivered electronically to the Client's e-mail address or, at the Client's request, in paper form.
7. The Seller reserves the right to change Goods prices at any time. Price changes do not affect the price specified in the Order previously placed by the Client.

VI. Payment Methods

1. For Polish Clients, the following payment methods are available:
   1. Payment before shipment:
      • Bank transfer to the Seller's bank account, e.g. PL 71 2490 0005 0000 4600 8413 7821
      • Via the ING payment system - imoje
   2. Cash on delivery – payment in cash to the courier delivering the shipment
   3. Through the Alior Bank installment system
   4. Cash payment upon personal pickup
2. For foreign Clients, the only available payment method is a bank transfer to the Seller's bank account.
3. When choosing cash on delivery, the Sales Contract is concluded upon confirmation of the Order by the Client. Confirmation should be made within 24 hours from sending the Order summary. In case of lack of confirmation within this period, the Seller has the right to refuse to conclude the Contract.
4. When choosing other payment methods, the Sales Contract is concluded upon sending an automatic e-mail to the Client containing the summary of the placed Order along with Client data.
5. The moment of payment is considered the moment of crediting the Seller's bank account.
6. The Seller reserves the right to limit payment methods by not making certain payment forms available.

VII. Delivery Costs and Methods

1. The Seller provides the following delivery methods for the placed Order:
   1. personal pickup at the Sales Office (Kwiatowa 3, 84-207 Bojano),
   2. courier shipment,
   3. Seller's own delivery.
2. The Client chooses the delivery method of the ordered Goods during Order placement.
3. The Client is informed about delivery costs during Order placement. These depend on the selected Goods, delivery method, and payment.
4. Information about delivery costs and delivery time is also available in the "Shipping" section on the Store's website.
5. If significant differences in delivery time or packaging and delivery method of individual goods in one Order occur, delivery may be made in separate packages. Such division does not affect delivery costs.
6. Orders are fulfilled on business days, i.e., Monday to Friday.
7. The Client bears the cost of shipments returned to the sender due to failure to collect them at the address indicated by the Client as the delivery address of the ordered Goods.

VIII. Right of Withdrawal from the Contract

1. A Client being a CONSUMER within the meaning of art. 22(1) CIVIL CODE has, under the law, the right to withdraw from a distance contract without giving any reason and without incurring costs except for direct return costs of the goods, exercised by submitting a relevant written statement within 14 days and sending it to the address: Maximus Solaria, ul. Kwiatowa 3, 84-207 Bojano.
2. The 14-day period starts from the day the Goods are delivered.
3. The right to withdraw from the Contract by the CONSUMER is excluded in the case of:
   • goods (services) exceeding the standard Store offer, prepared on special order of the Client and tailored to his individual needs;
   • services which, due to their nature, cannot be returned or whose subject is liable to rapid spoilage;
   • service provision, if the entrepreneur has fully performed the service with the explicit consent of the CONSUMER , who was informed before the start of provision that after performance he will lose the right to withdraw;
   • contracts where the price or remuneration depends on fluctuations in the financial market beyond the entrepreneur's control and which may occur before the withdrawal period expires;
   • contracts where the subject is a non-prefabricated item made according to the CONSUMER's specification or serving to satisfy his individualized needs;
   • contracts where the subject is an item liable to rapid spoilage or with a short expiry date;
   • goods supplied in a sealed package which cannot be returned for health protection or hygiene reasons if the package was opened after delivery;
   • goods which, after delivery, due to their nature, become inseparably mixed with other items;
   • alcoholic beverages whose price was agreed upon at the time of contract conclusion and delivery can only occur after 30 days, and whose value depends on market fluctuations beyond the entrepreneur's control;
   • cases where the CONSUMER explicitly requested the entrepreneur to visit for urgent repair or maintenance; if the entrepreneur provides additional services or supplies items other than spare parts necessary for repair or maintenance, the right of withdrawal applies only to additional services or items;
   • audio or visual recordings or computer programs supplied in a sealed package if the package was opened after delivery;
   • delivery of newspapers, periodicals or magazines, except subscription contracts;
   • contracts concluded by public auction;
   • provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events if the contract specifies the date or period of service provision;
   • delivery of digital content not recorded on a tangible medium if performance began with the CONSUMER's explicit consent before the withdrawal period expired and after being informed about losing the right of withdrawal.
4. In case of withdrawal from a distance contract, the contract is considered not concluded. What the parties provided is returned in unchanged condition, unless the change was necessary within ordinary management. The return should be made immediately, no later than 14 days from sending the withdrawal statement. The purchased Goods should be returned to: Maximus Solaria, ul. Kwiatowa 3, 84-207 Bojano.
5. The returned Goods should be properly packaged to prevent damage during transport.
6. The Client is responsible for any reduction in the value of the item resulting from using it beyond what is necessary to establish its nature, features, and functioning.
7. Refund of the paid price and any costs incurred in connection with the contract conclusion will be made immediately, but no later than within 14 days from the day of receiving the Client's withdrawal statement, with the Seller reserving the right to withhold the refund until the item is received back or the Client provides proof of dispatch.
8. Refunds to the Client are made using the same payment method as used by the Client.
9. If the Buyer chose a delivery method other than the cheapest ordinary delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Buyer.
10. The rights of entrepreneurs making purchases for purposes related to their business but not having a professional character to withdraw from the contract within 14 days.

IX. Complaint Procedure

1. Maximus Solaria Spółka z o.o. as Seller is liable to the Client being a CONSUMER within the meaning of art. 22(1) CIVIL CODE, for non-compliance of the Goods purchased by the CONSUMER with the Sales Contract, within the scope specified by the provisions of the Civil Code. The Seller is obliged to deliver goods free from defects.
2. Complaints arising from infringement of Client's legally guaranteed rights or under these Terms and Conditions should be submitted in writing to: Maximus Solaria, ul. Kwiatowa 3, 84-207 Bojano.
3. A Client who is not a CONSUMER is obliged to check the shipment in the presence of the courier or postman – whether the shipment is undamaged during transport and, if necessary, take steps to determine the carrier's liability – in particular to prepare a damage report with the courier.
4. All defects and non-compliance of the purchased Goods with the Contract should be reported immediately, no later than within one month of their detection. For CONSUMER's, this period is 2 months.
5. A properly submitted complaint should include:
   • Buyer's first and last name,
   • address,
   • e-mail address,
   • date of conclusion of the Contract constituting the basis for the complaint,
   • subject of the Complaint, indicating the Buyer's demand,
   • circumstances justifying the Complaint.
6. The Seller undertakes to consider the Complaint within 14 days from the date of its receipt in proper form. If the data or information provided in the Complaint require supplementation, before considering the Complaint the Seller will request the complainant to supplement it accordingly.
7. The choice of basis for the Complaint and the claim pursued is up to the Buyer.
8. The Buyer may use the following out-of-court methods of complaint handling and claim enforcement:
   1. ODR platform (Online Dispute Resolution, available at: http://ec.europa.eu/consumers/odr/),
   2. Consumer Ombudsmen – operating in every county and city with county rights,
   3. Consumer organizations – Federation of Consumers and Polish Consumers Association,
   4. permanent consumer arbitration courts operating at regional inspectorates of the Trade Inspection (WIH) and their local branches,
   5. mediation at WIH.

X. Personal Data Protection and Privacy Policy

1. The administrator of the personal data provided by the Client is Maximus Solaria Spółka z o.o. based in Gdańsk at ul. Startowa 2, 80-461 Gdańsk.
2. Maximus Solaria Spółka z o.o. processes Client's personal data to the extent necessary for establishing, shaping content, changing, and properly performing services.
3. Clients' personal data may be made available to entities authorized to receive them under applicable laws, including competent justice authorities.
4. The Client has the right to access his/her personal data, the right to correct them, and to request cessation of their use.
5. Maximus Solaria Spółka z o.o. respects Clients' privacy and opposes using private data of Store Clients for advertising purposes.
6. To purchase Goods offered by the online Store, one must provide personal data and a shipping address. Maximus Solaria Spółka z o.o. declares that private data is used only for the specific transaction. These data will be passed to the courier company delivering the shipment.
7. Maximus Solaria Spółka z o.o. guarantees that processing and storing personal data is done using secure, modern, proven electronic methods.
8. For proper functioning, the Maximus Sunbeds online Store uses cookies (small text files saved on the Buyer's computer disk). These files allow the electronic system to identify the Buyer and improve the operation of certain functions, such as automatic login.
9. Detailed rules of privacy protection and processing of personal data of clients and contractors are specified in the privacy policy.

XI. Copyright

1. The proprietary copyrights to all graphic elements of the Maximus Sunbeds online Store and other content placed therein, including product descriptions, may constitute a work within the meaning of the act of February 4, 1994 on copyright and related rights. Except for explicitly described cases, these rights belong to Maximus Solaria Spółka z o.o.
2. Any copying, distribution, and making derivative works of works provided by Maximus Solaria Spółka z o.o., without the express written consent of the Company, may constitute infringement of its proprietary copyrights.

XII. Ownership of Goods, Exclusions.

1. The Seller reserves ownership rights to goods sold to all buyers, regardless of the basis of acquisition, until full payment of the price. Only upon payment of the full agreed price does the buyer become the owner of the purchased goods.
2. In the case of sale of goods to entrepreneurs, warranty rights for defects are excluded, which does not limit possible claims for damages.
3. In the case of sale of goods to entrepreneurs, the right of set-off of any receivables of 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 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 Terms and Conditions do not limit the rights of the CONSUMER granted by mandatory law.
2. Contracts concluded based on these Terms and Conditions are subject to Polish law.
3. Resolution of any disputes arising between the Seller and the Client shall be subject to courts competent according to the provisions of the Code of Civil Procedure. Disputes with entrepreneurs are resolved by the court competent for the Seller's registered office.
4. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the ACT on electronic services, and other applicable Polish law provisions apply.
5. These Terms and Conditions are effective from October 1, 2018.