RULES OF THE ONLINE STORE MENLO ELECTRIC S.A.
SELLER
This document sets forth the principles for placing and implementing orders at the online store operating at shop.menloelectric.com, run by MENLO ELECTRIC SPÓŁKA AKCYJNA, with its registered office in Warsaw (02-675), ul. Wołoska 5, entered into the register of entrepreneurs in the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Business Department of the National Court Register under the number KRS 0000917564, Tax Identification Number (NIP): 5272829241, Statistical Identification Number (REGON): 368839890, with a share capital of PLN 100,000.00, fully paid-up.
In matters related to the operation of the Store, please contact us:
a) by telephone, at: +48 800 003 010;
b) electronically – by sending an e-mail to shop@menloelectric.com.
§ 1 Definitions
Capitalised terms used in these Rules shall have the following meaning:
a) Order Lead Time – time, expressed in Working Days, from the order placement to the transfer of the order for shipment or preparation of the order for pickup by the Client. Order Lead Time does not include the period necessary to deliver the order to the delivery address specified by the Client.
b) Working Days – weekdays, from Monday to Friday, excluding public holidays.
c) Civil Code – Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2022, item 1360, as amended).
d) Client – person using the Store who set up an Account or initiated the procedure for placing an order at the Store.
e) Consumer – Client being a natural person who enters into the Contract for purposes unrelated to his or her professional or business activity.
f) Account – electronic collection of information including the Client’s details, enabling the Client to perform certain activities at the Store, e.g. place orders, and view order history and Contracts entered into.
g) Placement – granting certain visibility to Products or weight assigned to search results on the Site.
h) Products – all goods offered at the Store by the Seller.
i) Entrepreneur – entity carrying out business or professional activities on their own behalf.
j) Rules – these Rules of the Online Store MENLO ELECTRIC S.A., setting forth rules for selling Products by the Store.
k) Rules for the Provision of Services by Electronic Means – rules setting forth the principles for the provision of service related to the establishment and maintenance of an Account, available at https://www.shop.menloelectric.com/pl/content/3-regulamin-sklepu.
l) Store – online sales platform, operating at shop.menloelectric.com.
m) Seller – Menlo Electric S.A.
n) Contract – sales contract entered into by and between the Seller and the Client, as part of the activities of the Store.
o) Act on consumer rights – Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2020, item 287, as amended).
§ 2 General provisions
1. Information about Products, published on the website of the Store, is not an offer, only an invitation to enter
into a contract in accordance with Article 71 of the Civil Code.
2. The Store reserves the right to introduce restrictions on the maximum number of Products sold at the same time. The purchase of a higher number of Products shall be possible once sales terms are agreed with the Seller on an individual basis.
3. Photographs of Products published on the website of the Store are presented for illustrative purposes, in order
to ensure that the Client knows the general appearance of the Products. The appearance of a Product on photographs presented by the Store may slightly differ from the external appearance of the Product delivered to the Client.
§ 3 Account
1. Before placing an order, the Client can set up an Account.
2. Setting up an Account shall not be necessary to make purchases at the Store. However, the Account may be needed to use certain additional functionalities of the Store.
3. Details provided by the Client when setting up an Account shall be used for the purpose of identifying the Client and implementing orders. These details can be used for the Seller’s marketing purposes, subject to the Client’s prior consent.
4. In order to set up an Account, the Client needs to fill in the registration form. At least the following data shall be required to be provided in the form:
a) e-mail address;
b) contact telephone number;
c) additionally, in case of Consumers:
i. name(s) and surname;
ii. residential address;
d) additionally, in case of Entrepreneurs:
i. company name under which the Entrepreneur carries out business activities;
ii. registered office of the Entrepreneur or place of performance of business activities by a natural person;
iii. Tax Identification Number (NIP).
5. Detailed terms and conditions for using the Account are specified in the Rules for the Provision of Services by Electronic Means, available at https://www.shop.menloelectric.com/pl/content/regulamin-sude.
§ 4 Terms and conditions for placing and implementing an order
1. Orders can be placed via the website of the Store:
a) after setting up an Account;
b) without setting up an Account.
2. In order to enter into a Contract (make the purchase), the Client shall be obliged to:
a) select Products and specify how many of them are ordered;
b) enter his or her details (for Clients who did not log into the Account);
c) specify the delivery address;
d) select the Product delivery method or the self-pickup option;
e) make a statement of lack of a direct relationship between the Contract and business activities carried out and a non-professional nature of the Contract for the Entrepreneur (if applicable);
f) make a statement confirming reading the Rules and approving their provisions;
g) select the payment method;
h) verify the order summary and confirm the order placement, which involves the obligation to pay.
3. The Client undertakes to provide true, accurate, complete and non-misleading data when completing the forms. The Client shall be held liable for consequences of improperly completing these forms, in particular by providing incorrect or untrue data.
4. Orders at the Store can be placed twenty-four hours a day, seven days a week. The Seller stipulates that orders placed after 4:00 p.m. and on public holidays will be considered on the next Working Day.
5. If implementing the order in part or in whole proves impossible, the Seller, without undue delay, shall notify the Client (via e-mail) of the cancellation of the order in whole or shall advise the Client to cancel the order to the extent to which it cannot be implemented. The Client, within 3 Working Days, can confirm to the Seller (via e-mail) his or her consent to cancelling part of the Order. Shall the Client fail to provide the relevant confirmation to the Seller within this time frame, the Order shall be considered cancelled in whole.
6. The Seller shall confirm starting the implementation of the Order and the possibility of delivering it to the place specified by the Client by sending an order confirmation. The confirmation shall be sent to the e-mail address specified by the Client, no later than within 5 Working Days. Failure to send the confirmation within this time limit shall mean cancelling the order in whole.
7. The moment of delivery of the order confirmation to the Client’s e-mail server shall be considered the moment of entering into the Contract by and between the Client and the Seller.
8. The order shall be picked up for shipment after obtaining confirmation of crediting the Seller’s bank account with the payment or of receipt of payment by the payment institution accepting payments at the Seller’s request (in the case of online payments).
9. If no payment confirmation is received within 5 Working Days, the Seller shall be entitled to cancel the order in whole. The Seller shall notify the Client of cancelling the order via e-mail.
10. Cancellation of the order in accordance with sections 6, 7 and 10 shall mean the Seller’s withdrawal from the Contract. In the case of effective withdrawal from the Contract, the Contract shall be considered null and void. The Client shall receive a refund of the price paid within 14 days of the Seller withdrawing from the Contract.
§ 5 Product prices and invoices
1. Both prices including VAT (“gross”) and prices without VAT (“net”) are presented on websites of the Store.
2. All prices disclosed in the Store are expressed in Polish zloty.
3. Prices of Products presented in the Store do not include the cost of delivery or potential additional costs related to the selected payment method.
4. The binding and final price shall be the price of the Product disclosed on the website of the Store at the time of placing the order by the Client.
5. The prices of the Products offered in the Store apply only to online sales. The Seller reserves the right to specify prices in a different way in the case of direct sales.
6. VAT invoices shall be issued in electronic form and sent to the e-mail address identified by the Client. By accepting these Rules, the Client grants his or her consent to receiving invoices in electronic form. A paper VAT invoice shall be issued only at the request of the Client submitted upon placing the order and within three months from the date of placing the order.
7. The Seller shall not be held liable for incorrect data contained in the issued VAT invoice, if incorrect data were provided by the Client.
8. In the case of placing an order pertaining to products listed in Appendix no. 15 to the Act of 11 March 2004 on tax on goods and services (consolidated text: Journal of Laws of 2022, item 931, as amended) by a Client who is VAT taxpayer, if the total amount due is at least PLN 15,000.00 gross, the Seller shall require that the payment be made from the clearing account referred to in Article 49 section 1 point 1 of the Act of 29 August 1997 – Banking Law (consolidated text: Journal of Laws of 2022, item 2324, as amended) or a personal account at a cooperative savings and credit union, opened in connection with business activity and kept in the Polish currency. The payment should be made using the split payment mechanism.
§ 6 Payment methods
1. Payment for the Products shall be made online (“in advance”) or upon receiving the ordered Products (“in arrears”).
2. The Client shall select a payment method from those available in the Store.
3. The Seller stipulates that the available payment methods may depend on the selected form of delivery of the Products.
4. The Seller reserves the right to limit or exclude certain payment methods in relation to some Products or to ordering a higher number of Products.
5. Online payment services are provided by national payment institutions or in the form of wire transfer to a bank account. The Seller does not guarantee the availability or correct operation of particular online payment methods.
6. The entity providing online payment services in case of card payments is Blue Media S.A. Available payment methods – payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.
7. Detailed terms and conditions for making payments through national payment institutions shall be subject to separate agreements and rules of particular institutions.
8. Potential refunds shall be made using the same payment method as the one used by the Client, unless the Client expressly agrees to a different refund method that does not involve costs for the Client.
§ 7 Order modification
1. The Client can make changes in the order until the purchased products are prepared for shipment. The order may be changed by phone or e-mail, by contacting the customer service (at +48 800 003 010 or at shop@menloelectric.com).
2. Changes in the order may involve the introduction of additional items or the cancellation of the order in part or in whole.
3. The Seller shall confirm the order change by e-mail. The Contract shall be amended upon confirming the change by the Seller.
4. The order lead time starts to run again upon the confirmation of the order modification by the Seller.
5. In the case of orders paid for online (“in advance”):
a) if the order modification or cancellation results in an overpayment, it shall be refunded within 14 days of the date of recognising the overpayment;
b) if the order modification results in an underpayment, the order implementation shall be suspended until the missing part of the price is paid.
§ 8 Self-pickup
1. The Seller allows for the possibility of the Client picking up the order (after selecting the relevant option when placing the order). The order can be picked up on Working Days (from 8:00 a.m. to 3:00 p.m.). Self-pickup shall require prior notification made no later than 24 hours before the scheduled pick-up time.
2. The Seller shall notify the Client, via e-mail, about the possibility of picking up the Products. The products shall remain ready for pickup for 3 Working Days, unless the Buyer and the Seller agree on a different duration on an individual basis.
3. If the Products are not picked up in accordance with the terms specified in section 2, the Seller shall be entitled to cancel the order. Cancellation of the order shall mean the Seller’s withdrawal from the Contract. The Seller’s statement shall be effective upon delivery to the Client’s e-mail server. In the case of effective withdrawal from the Contract, the Contract shall be considered null and void. The Client shall receive a refund of the price paid within 14 days of the date of withdrawing from the Contract.
4. The ordered Products shall be issued at the Point Of View Logistics Centre, at Natolin 68a, 05-825 Grodzisk Mazowiecki.
5. The Seller reserves the right to verify the person collecting the order.
6. All self-pickup costs shall be borne by the Client.
§ 9 Delivery
1. The Seller shall ensure the delivery of the order in the territory of Members States of the European Union (including Poland). In the case of countries other than those indicated in the price list, the delivery shall be carried out after prior arrangement and individual determination of its conditions.
2. Delivery costs shall be borne by the Client.
3. The cost of delivery shall depend on the selected delivery method, payment method, and the type and number of ordered Products. The forms of delivery offered in the store are be self-pickup or courier delivery. The cost of completion is added to the shipment of incomplete pallets of modules.
4. The Seller shall not be held liable for delays in the delivery of Products resulting from the Client providing incorrect data or an incorrect (or inaccurate) delivery address.
5. Detailed terms and conditions for delivery by entities providing cargo transport services shall be subject to separate agreements and rules of particular entities.
§ 10 Order lead time
1. Before confirming the order, the Client shall be notified of the estimated order lead time.
2. The order lead time shall depend on the availability and number of the Products ordered, and shall start running upon obtaining positive payment authorisation.
3. If it is not possible to fulfil the order within the specified time, the Client shall be immediately notified thereof (via e-mail). At the same time, the Client shall be informed about the current order lead time.
4. After the expiry of the period indicated in the second sentence of section 3, the Client shall be entitled to withdraw from the Contract. In the case of effective withdrawal from the Contract, the Contract shall be considered null and void. The Client shall receive a refund of the price paid within 14 days of the date of withdrawing from the Contract.
§ 11 Warranty
1. Products sold in the Store may be covered by the manufacturer’s warranty. Potential warranty documents shall be delivered together with the ordered Product.
2. The Seller shall not grant an additional warranty for sold Products.
§ 12 Withdrawal from the Contract (Consumers)
1. The Consumer shall be entitled to withdraw from the Contract without stating a reason, within 14 days of the delivery or self-pickup of the Products.
2. In order to exercise this right, the Consumer should send, within the aforementioned time limit, a statement of withdrawal. The statement may be sent by traditional post or by sending an e‑mail (the statement must be sent from the e-mail address provided when setting up the Account or when placing the order) to the following address: shop@menloelectric.com.
3. The statement of withdrawal from the Contract should contain: details of the Seller, date of entering into the Contract, Consumer’s data (name, surname and address), information on the subject matter of withdrawal (including information whether the withdrawal concerns the order in whole or in part), explicit information confirming the will to withdraw from the Contract entered into with the Seller, handwritten signature – in the case of a statement drawn up on paper.
4. The Consumer may submit the statement of withdrawal from the Contract using the form prepared by the Seller (available at: Rules of the store (menloelectric.com)) or the form attached as Appendix no. 2 to the Act on consumer rights.
5. In the case of withdrawal from the Contract, the Seller shall refund to the Consumer all payments received, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery selected by the Consumer other than the cheapest standard method of delivery offered by the Seller), immediately – no later than 14 days of the day on which the Seller is notified of the decision to exercise the right to withdraw from the Contract. The Seller may withhold the refund until receiving the Products or until proof of their return is provided, whichever comes first.
6. Within 14 days of the date of making the statement of withdrawal from the Contract, the Consumer should return the Product to the Seller’s address. The Consumer shall cover the direct costs of returning the Products.
7. The Consumer shall be held liable only for a decrease in the value of the Product resulting from using it in a way other than was necessary to establish the nature, characteristics and functioning of the Product.
8. The return of the Products may take place simultaneously with the submission of the statement of withdrawal from the Contract, provided that the time limit specified in section 1 is met.
9. The right of withdrawal shall not apply to the purchase of non-prefabricated products, manufactured based on the Consumer’s specification or to meet the Consumer’s personalised needs.
10. In the case of effective withdrawal from the Contract, the Contract shall be considered null and void.
11. The provisions of this paragraph pertaining to Consumers shall apply to Entrepreneurs being natural persons who enter into the Contract directly related to their business activity, when the content of the Contract indicates that it is not of a professional nature for these persons, resulting in particular from the subject of their business activity disclosed on grounds of regulations on the Central Registration and Information on Business.
12. Matters not regulated in this paragraph shall be governed by provisions of the Act on consumer rights.
§ 13 Inconsistency of the Product with the Contract (Consumers)
1. The Seller undertakes to deliver to the Consumer the ordered Product free of defects.
2. The Seller shall be held liable for non-compliance of the Product with the Contract existing at the time of and disclosed within two years from its delivery.
3. The Seller shall be held liable for non-compliance of the Product with the Contract due to incorrect installation of the Product if:
a) installation was carried out by the Seller or under its responsibility;
b) improper installation by the Consumer was due to errors in the instruction provided by the Seller or a third party.
4. In the event of the Product’s non-compliance with the Contract, the Consumer may request its repair or replacement.
5. The Seller may:
a) replace the Product when the Consumer requests repair;
b) repair the Product when the Consumer requests replacement;
if bringing the Product into conformity with the Contract in the way selected by the Consumer is impossible or would impose costs on the Seller that would be disproportionate.
6. The Seller shall perform the repair or replacement within a reasonable time from the time the Seller was informed by the Consumer about the lack of conformity with the Contract, and without any significant inconvenience to the Consumer. Costs of the repair or replacement shall be borne by the Seller.
7. Shall repair or replacement be impossible or impose costs on the Seller that would be disproportionate, the Seller may refuse to bring the Product into compliance with the Contract.
8. In the case of the Product being non-conforming with the Contract, the Consumer can make the declaration on a reduction of the price or withdrawal from the Contract if:
a) the Seller fails to make the Product compliant with the Contract in accordance with section 6;
b) the Seller refuses to make the Product compliant with the Contract in accordance with section 7;
c) the Product still does not confirm to the Contract, despite attempts to make the Product compliant with the Contract;
d) non-conformity of the Product with the Contract is significant to such an extent that it justifies a price reduction or withdrawal from the Contract without prior reference to measures specified in section 4;
e) the Seller’s statement indicates that the Seller will not make the Product compliant with the Contract within a reasonable time or without any significant inconvenience to the Consumer.
9. The Consumer cannot withdraw from the Contract if non-conformity of the Product to the Contract is immaterial.
10. In the case of withdrawal from the Contract, the Consumer shall immediately return the Product to the Seller, at the Seller’s expense[L1] . The Entrepreneur[L2] shall return the price to the Consumer immediately, but no later than within 14 days of the date of receipt of the Product or proof of its return.
11. The Entrepreneur [L3] shall return the amounts due to exercising the right to reduce the price immediately, no later than within 14 days of the date of receipt of the Consumer’s declaration on price reduction.
12. Complaints and declarations on price reduction or withdrawal from the Contract should be sent by post to the Seller’s address or via e-mail to reklamacje@menloelectric.com. A description of the defects or reasons for non-compliance of the Product with the Contract shall be attached to the complaint and, if possible, these claims shall be documented.
13. The Seller shall confirm receiving the complaint via e-mail.
14. The Seller shall respond to complaints regarding the sales Contract within 14 days of the date of their receipt if the complaint is submitted by the Consumer and includes a request to replace the item, rectify the defect or reduce the price. The response to the complaint shall be sent to the Consumer’s e-mail address.
15. A product for which the complaint is not be accepted shall be sent back to the Consumer.
16. The provisions of this paragraph pertaining to Consumers shall apply to Entrepreneurs being natural persons who enter into the Contract directly related to their business activity, when the content of the Contract indicates that it is not of a professional nature for these persons, resulting in particular from the subject of their business activity disclosed on grounds of regulations on the Central Registration and Information on Business.
17. Matters not regulated in this paragraph shall be governed by provisions of the Act on consumer rights.
§ 14 Warranty for defects (Entrepreneurs)
1. In the case of entering into a Contract with an Entrepreneur, the Seller’s liability based on the warranty for defects shall be excluded.
2. The Seller’s liability for improper performance of the Contract shall be limited to actual damage suffered by the Entrepreneur, no more than the value of the Product providing a basis for the claims of the Entrepreneur.
§ 15 Product placement rules
1. The Store offers the possibility to search for Products using a search engine. After entering a given phrase, the Client is presented with a list of Products, sorted by criteria selected by the Client.
2. The Client may sort the Products according to the following criteria:
a) availability;
b) name (ascending or descending order);
c) price (ascending or descending order).
3. If the search engine is not used, on the Store’s homepage currently popular Products are shown to the Client.
4. The Client may view individual categories of Products, and – in these categories – subcategories containing Products of particular manufacturers. The Client may sort the Products according to the criteria specified in section 2.
§ 16 Final provisions
1. These Rules have been drawn up on the grounds of the Polish law.
2. The governing law for Contracts and for the purposes of resolution of any disputes between the Seller and the Client shall be the Polish law.
3. In the case of Consumers, the aforementioned provisions shall not exclude protection under the mandatory provisions of the law of the country of the Consumer’ habitual residence.
4. Any disputes between the Seller and an Entrepreneur shall be resolved by Polish common courts competent for the registered office of the Seller.
5. The Rules have been drawn up in Polish. Discrepancies due to translating the Rules should be resolved by reference to the Polish language version, except for situations where the mandatory provisions of law require the use of a different language version.
6. Provisions of the UN Convention on Contracts for the International Sale of Goods, signed in Vienna on 11 April 1980 (Journal of Laws of 1997, No. 45, item 286), and Convention on the Limitation Period in the International Sale of Goods, signed in New York on 14 June 1974 (Journal of Laws of 1997, No. 45, item 282), shall not apply to the Contract.
7. The online dispute resolution platform is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
8. The Seller reserves the right to amend these Rules.
9. The Seller reserves the right to amend these Rules.[L4] All orders accepted by the Seller for implementation before the effective date of new Rules shall be implemented on the basis of Rules binding on the date of placing the order by the Client. Amendment to the Rules shall come into force within 14 days of its announcement on the Website of the Store. The Seller shall notify the Client, 14 days before the entry into force of the new Rules, of the amendment to the Rules by means of an e-mail message containing a link to the text of the amended Rules.
10. The Rules shall come into force as of 21. 04.2023
WITHDRAWAL FROM THE CONTRACT
MENLO ELECTRIC SPÓŁKA AKCYJNA
ul. Puławska 2, 02-566 Warszawa
e-mail: shop@menloelectric.com
Details of the party withdrawing from the Contract:
………………………………………………
/name and surname/
………………………………………………
/locality, street, building number, apartment number/
………………………………………………
/post code/
………………………………………………
/e-mail address of the Client – specified when placing the order or setting up the account in the store/
I would hereby like to inform you that I am withdrawing from the contract for sale of the following items:
................................................................................................................
................................................................................................................
................................................................................................................
................................................................................................................
purchased under the contract entered into on ........................................
/date of entering into the contract/
order no.* ...............................................................................................
………………………………………………
/signature/