Online Store Terms and Conditions

§1 Preliminary provisions.

1. This document, hereinafter referred to as "Terms and Conditions", defines the rules of placing and processing orders in the online store www.shop.menloelectric.com, operated by MENLO ELECTRIC S.A.,
at the address in Warsaw at ul. Puławska 2,  NIP 5272829241, Regon 368839890., hereinafter referred to as the "Seller".

2. Capitalised terms have a specific meaning as defined in these Terms and Conditions.

§1 Definitions of terms.

Lead time - the period of time counted in Working Days between placing an order and sending the order.

Working Days - it shall mean the days of the week from Monday to Friday, excluding public holidays.

Non-professional Client - a Client who has entered into a Distance Sales Agreement directly related to his/her business or professional activity, but which is not of a professional nature.

Client - a person who has set up a User Account or has concluded a Distance Selling Agreement in the online store www.shop.menloelectric.com.

Consumer - a Client, being a natural person, who concluded a Distance Sales Agreement for the purpose not related to his/her professional or business activity.

User Account - an electronic set of information containing the Client's data, by means of which the Client may perform specific actions within the scope of the online store, e.g. place orders, view the history of placed orders and concluded sales agreements.

Sales Contract - sales contract concluded between the Seller and the Client, within the online store www.shop.menloelectric.com.

Delivery Organisation Service - transmission of information on the Client's order to the company providing goods transport services, to provide transport services to the Client.

Payment Assistance Service - transmission to a domestic payment institution, with which the Seller cooperates, of the parameters of a payment transaction ordered for the execution of a Client's order, and then redirecting the Client to select a form of payment and its authorization.

§2. User Account[PD1]. 

1. Before placing an order, the Client may create a User Account. Creating an account makes it easier to manage your order history, but it is not obligatory.

2. The data provided by the Client when creating a user account is used to identify the Client and to process orders. This data can be used for marketing purposes of the Seller if the Client has given his prior consent.

3. Within the framework of the User Account, the Seller provides the following electronic services to the Client free of charge:

(a) placing an order,

b) storing and making available the history of concluded Sales Contracts and orders placed.

4. Creating a User Account requires the Client to complete an online registration form. The form requires at least the following data:

a) Client's e-mail address,

b) the Client's name and surname,

c) the name under which the Client conducts business if the Client is not a Consumer,

d) contact telephone number,

e) NIP No. (Tax Identification Number) - if the Client is not a Consumer.

5. The User Account is created for an indefinite period.

6. The User Account is deleted when such a request is sent from the e-mail address provided during Account registration to the following address: kontakt@menloelectric.com.

7. The User Account may also be removed on the Seller's initiative if the Customer uses the Account in a manner other than to use the Seller's services, and in particular if he performs actions aimed at identifying ways to break the security of this service, as well as breaking this security.

§3 Conditions for placing and processing the order.

1. An order may be placed by a Client who is not a Consumer residing habitually in the territory of a country other than the Republic of Poland. [PD2] 

2. Information about products given on the store's website, in particular their descriptions, technical and usable parameters, as well as prices, do not constitute an offer but an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

3. Orders can be placed 24 hours a day via the website www.shop.menloelectric.com.

4. If a given product - contrary to the information on the website - is, in fact, unavailable or the fulfilment of the order is impossible for any other reason, the Client shall be informed immediately of the impossibility of processing the order in this respect.

5. If the order is placed outside the User Account, before finalizing the order, the Client is obliged to provide data necessary to issue a receipt or an invoice, as well as data essential to organize the delivery.

7. When placing an order for products listed in Appendix No. 15 to the Act of March 11, 2004, on Goods and Services Tax (Journal of Laws of 2020, item 106, as amended) by the Client who is a taxpayer of goods and services tax, if the total amount due is at least PLN 15,000 gross, the Seller requires that payment be made from the settlement account referred to in Article 49, paragraph 1, point 1 of the Act of August 29, 1997. - Banking Law, or a named account in a co-operative savings and credit union, opened in connection with the conducted business activity, conducted in the Polish currency; the payment should be made using the split payment mechanism.[PD3] 

8. Some of the delivery options available may require the Client to provide additional data other than those in the User Account details.

9. The moment of concluding the Sales Contract between the Client and the Seller is the moment of receiving by the Client r the notification about accepting the order for execution.

10. The order is completed for shipment after receiving confirmation of receipt of payment to the bank account or confirmation of receipt of payment by the payment institution accepting payment on behalf of the Seller.

11. Detailed conditions for delivery of the order are regulated in the General Delivery Conditions.

§4 Product prices.

1. The prices presented on the website of the online store www.shop.menloelectric.com. include VAT and are given in Polish zloty. Prices do not include the cost of delivery.

2. The price of the product stated in the order confirmation e-mail is binding and final.

§5 Order modification.

1. The Client may make changes to the order until the purchased products are ready for dispatch by contacting us by telephone on the number: 535 697 729. Changes may involve the introduction of additional order items or the cancellation of part or all of an existing order.

2. The lead time starts running again as soon as we have confirmed acceptance of the modified order.

3. For orders paid in advance:

a) if an overpayment has arisen as a result of the modification or cancellation of an order, it shall be refunded to the Client's account from which the payment was made within 7 days from the date on which the overpayment arose,

b) if an order modification results in an underpayment, the order processing shall be suspended until the missing amount is paid.

§6 Additional services.

1. At the request of the Client, the Seller shall additionally provide a service:

(a) the organisation of delivery,

(b) assistance with payment.

2. Within the framework of the aforementioned services, the Seller shall be responsible for transferring the correct data entered by the Client or downloaded from the User Account to the service provider providing goods transport or payment initiation services, in the manner previously agreed with these service providers.

3. The Client undertakes to provide true, accurate, complete and not misleading data in the forms filled out for the delivery organisation service and payment assistance purposes. The Client is responsible for the consequences of incorrectly filling in these forms, particularly by providing incorrect or inaccurate data.

4. The Seller is not responsible for the availability of the services of the service providers, which provide the service of transport of goods and initiation of payment and for the correctness of the implementation of these services.

§7 Lead time. [PD4] 

The lead time depends on the availability of the products ordered by the customer. If there are items in the order for which the lead time differs, then the order is processed as the item for which you have to wait the longest. If it is not possible to complete the order within the period specified in the original order, the Client will be immediately informed of this fact with the specification of a new order completion period, however, no longer than 30 days from the date of providing this information. In this case, the Client may cancel the order or agree to a longer lead time.

§8 Withdrawal from the Contract.

1. Subject to paragraph 2, the Consumer or Non-Professional Client has the right to withdraw from the Sales Contract within 14 days from the date of delivery of the products to the Consumer or Non-Professional Client or a person indicated by the Consumer or Non-Professional Client. To exercise the right of withdrawal, the Consumer or Non-Professional Client shall send a statement of withdrawal within the aforementioned period; for this purpose, a statement may be sent from the e-mail address you provided when setting up the User Account or placing the order to the following e-mail address: kontakt@menloelectric.com.

2. The right of withdrawal shall not apply in the case of the purchase of non-prefabricated products made to the Consumers or Non-Professional Clients' specifications or serving their individual needs.

3. The Consumer or Non-Professional Client will receive a refund of the price paid within 14 days from the date of withdrawal, provided that he/she has returned to the Seller the products he/she has withdrawn from or provided proof of their return. The Seller may deduct from the amount of the return the value by which the value of the returned product has decreased if the decrease was caused by using the product in a manner other than necessary to ascertain the nature, characteristics and functioning of the product.

4. The amount refunded shall be increased by the cost of delivery of the products to the Consumer or Non-Professional Client, in accordance with the delivery option chosen by the Consumer or Non-Professional Client when placing the order. If the Consumer or Non-Professional Client has selected other than the cheapest form of delivery, the refund will be limited only to the cost of the cheapest delivery option available on the website of the online store www.shop.menloelectric.com.

5. The Seller shall not reimburse costs incurred by the Consumer or Non-Professional Client for returning the product in connection with the withdrawal from the contract.

§ 9. Terms and Conditions for handling complaints.

1. If the Client is not a Consumer:

(a) the liability under warranty for physical and legal defects shall be excluded,

b) the Seller's liability for improper performance of the contract shall be limited to the actual damage suffered by the Client, up to the value of the product from the purchase of which the Client derives his/her claims.

2. The Seller undertakes to supply the Consumer with the ordered thing without any physical defects reducing its value or usability, with properties about which the Consumer was assured during placing the order and in a complete state, as well as without any legal defects.

3. The complaint should be sent by post to the Seller's address or to the following‑e-mail address: reklamacje@menloelectric.com. If the complaint concerns a Sales Contract, it must be accompanied by a description of the defects or reasons for non-conformity of the product with the contract and, if possible, document these claims.

4. The Seller shall respond to complaints relating to the Sales Contract within 14 days from the date of their receipt if the complaint was submitted by a Consumer or a Non-Professional Client and includes a request to replace the item, remove the defect or reduce the price. Other complaints, including those regarding electronic services, are dealt with within 30 days of their receipt.

§10 Final Provisions

1. All contracts and other obligations arising or which may arise from the User Account service or the Sales Contract are governed by Polish law. In addition, the provisions of the United Nations Convention on Contracts for the International Sale of Goods, drawn up in Vienna on 11 April 1980, shall not apply to the Sale Contract (Journal of Laws of 1997, No. 45, item 286) and the Convention on the Limitation Period in the International Sale of Goods, drawn up in New York on 14 June 1974. (Journal of Laws 1997 item 282).

2. The online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL. The Seller does not agree to resolve any dispute with the Consumer under alternative dispute resolution unless the Seller decides otherwise in an individual case.

3. The Seller reserves the right to modify these Terms and Conditions, in particular concerning the services provided under the User Account, if

a) the change will serve to ensure that the www.shop.menloelectric.com online store operates under generally applicable legal regulations,

(b) the change will be necessary for the operation of the new services offered within the framework of the User Account.

4. Modification of the e-mail addresses given in the text of the Terms and Conditions has an informative character and does not constitute an amendment to the Terms and Conditions.

5. The competent court for any disputes arising out of the store's operations is the Mokotów District Court for the Capital City of Warsaw unless mandatory provisions of law indicate another court.

6. The Terms and Conditions shall enter into force on the day of their announcement.

 MODEL SALE CONTRACT WITHDRAWAL FORM

 [Menlo - company name and address details].

Details of the transferor:

………………………………………………

/ Name and surname/

………………………………………………

/location, street, building number, apartment number/

………………………………………………

/postal code/

………………………………………………

/e-mail address of the Client - given while ordering or while creating an account in the store/*

I hereby give notice of my withdrawal from the Sale Contract of the following items:

…………………………………………………………..…………………………………………………………

…………………………………………………………..…………………………………………………………

…………………………………………………………..…………………………………………………………

…………………………………………………………..…………………………………………………………

purchased under the contract concluded ...............................................................

/date of conclusion of the contract/

order number*…………………………………………………………………………………