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Regulations for making purchases at Mebway

Regulations for making purchases at Mebway Online Store

Determining, among other rules for concluding sales contracts via the store, by email or directly containing the most important information about the Seller, Store and Consumer Rights.

TABLE OF CONTENTS 
§ 1 Definitions 
§ 2 Contact Us
§ 3 Technical requirements 
§ 4 Shopping in the store 
§ 5 Payments 
§ 6 Order processing 
§ 7 Right to withdraw from the contract 
§ 8 Exceptions to the right to withdraw from the contract 
§ 9 Complaints 
§ 10 Personal data 
§ 11 Reservations 
§ 12 Provisions regarding Buyers who are not Consumers 
Annex No. 1: Sample withdrawal form

§ 1 DEFINITIONS

Working days - days from Monday to Friday, excluding public holidays. 
Account - a free Store function (service provided electronically) regulated by separate regulations, thanks to which the Buyer may set up his individual Account in the Store. 
Consumer - Consumer within the meaning of the Polish Civil Law and Uniform Commercial Code (UCC §1-201). 
Buyers – means a person or entity that buys goods in good faith in the Store. 
Entrepreneur - Store, Manufacturer, Fitter, Architect or Designer - offering Products or Services through the Mebway Marketplace. 
Regulations - these regulations. 
Store - Mebway online store run by the Seller at https://mebway.com. 
Seller – Mebway LLC, a limited liability company registered at 5301 N Federal Hwy #215 Boca Raton, FL 33487, United States and Kamil Gałdzicki, entrepreneur conducting business activity under the name Mebway Kamil Gałdzicki, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity, VAT PL7132879636, REGON No. 142965954, Fabryczna 2/3.6, 20-301 Lublin.

§ 2 CONTACT US

You can contact us by emailing us at [email protected] or writing to us at 5301 N Federal Hwy #215 Boca Raton, FL 33487, United States and/or to Fabryczna 2/3.6 20-301 Lublin Poland.

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store you need:
    • A device with internet access
    • A web browser that supports JavaScript and cookies.
  1. To place an order in the Store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

  1. Products and Services Prices visible in the Store are Pre-tax Prices, after adding It into the basket any applicable sales taxes and other government-mandated charges may be added.
  2. The Seller notes that the total price of the Order consists of the price indicated in the Store: the price for the Product, Services and, if applicable, the costs of sales taxes, other government-mandated charges, and Delivery.
  3. The Products, Services selected for purchase should be added to the basket in the Store.
  4. Then, the Buyer chooses from the available in the Store: the method of delivery and the method of payment for the order and provides the data necessary to complete the order.
  5. The order is placed when the content is confirmed and the Buyer accepts the Regulations.
  6. Placing an order for products or services offered by the Seller is the same as concluding a sales contract between the Buyer and the Seller.
  7. The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium at the latest upon delivery of the goods.
  8. The Buyer may register in the Store, i.e. set up an Account in it or make purchases without registration by providing their data with every possible order.
  9. The Buyer may also place an order in other forms, including via email, directly at the company's headquarters.
  10. The Buyer may also purchase products or services offered by Entrepreneurs through the Store. In this case, the parties to the contract are the Buyer and the Entrepreneur - the Seller is only an intermediary providing the tool to conclude the contract.

§ 5 PAYMENTS

  1. You can pay for your Order, depending on the Buyer's choice:
    1. By Bank Transfer to the Seller's Bank Account.
    2. Through the payment platform:
      • Dotpay
      • PayPal
      • Przelewy 24
  1. If the Buyer chooses to pay in advance, the order must be paid within 1 Business Day of placing the order.
  2. The Seller informs that for some payment methods, due to their Specificity, Payment of the Order by this method is possible only immediately after placing the order.
  3. The Buyer by making purchases in the Store accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

§ 6 ORDER COMPLETION

  1. The seller is obliged to deliver the goods without defects.
  2. The term of the contract is 4 - 60 business days depending on the Product, Service selected.
  3. In the event that the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after payment.
  4. In a situation where, under one order, the Buyer has purchased goods with different delivery dates, the order will be processed within the time limit applicable to the goods with the longest delivery time, unless the parties have previously agreed on a different solution.
  5. Countries and Regions of the World where the delivery takes place:
    • All Countries in the World
  1. Goods purchased in the Store are delivered depending on which method of delivery the Buyer has chosen:
    • Through a courier company
    • By own transport
  1. The buyer may pick up the goods in person at the pickup point during its opening hours.
  2. If the Buyer chooses personal collection, the goods will be ready for collection by the indicated date of order completion, and if the Seller has indicated the date of sending the goods - by this date.
  3. If you choose delivery via courier, depends on location of delivery, you must add up to 48-240 hours of delivery time to the delivery date.
  4. In the event of unavailability of some of the goods covered by the order, the Buyer shall be immediately informed. The buyer decides whether the order is to be realized partially or completely canceled.
  5. A limited number of goods are intended for promotion and sales. Orders are processed in the order in which confirmed orders are received, until stocks covered by this form of sale run out.
  6. Furniture colors are illustrative illustrations and may sometimes differ slightly from the actual color.
  7. The dimensions of the furniture are overall dimensions. The actual dimensions of the furniture may differ by +/- 5%.
  8. Delivery costs do not include the service of bringing furniture and are calculated each time individually by the Mebway customer service department. To determine delivery costs, please contact the Mebway service department before ordering furniture.
  9. In the case of sending furniture to places where a delivery van, a courier cannot get in accordance with the law, i.e. e.g. streets out of traffic, city centers, the contracting authority is obliged to provide conditions, permits to drive vehicles. Otherwise, the furniture will be delivered as close as possible to the place of delivery, to which furniture can be brought in accordance with the law.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The consumer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline to withdraw from the contract expires after 14 days from the day:
    • In which the consumer came into possession of the goods or in which a third party other than the carrier and indicated by the consumer came into possession of that goods.
    • In which the consumer came into possession of the last of the things or in which a third party, other than the carrier and indicated by the consumer, came into possession of the last of the things in the case of a contract requiring the transfer of ownership of many things that are delivered separately.
  1. In order for the Consumer to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or information sent by e-mail).
  2. The consumer may use the model withdrawal form at the end of the Regulations, but it is not mandatory.
  3. To meet the deadline to withdraw from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
  4. The right to withdraw from the contract concluded with the entrepreneur is entitled to the consumer towards the entrepreneur as a party to the contract.

EFFECTS OF WITHDRAWING FROM THE CONTRACT

  1. In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from him, including the costs of delivery of the goods (except for additional costs arising from the method of delivery chosen by the Consumer other than the cheapest usual delivery method offered by the Seller), immediately, and in any case not later than 14 days from the day on which the Seller was informed about the Consumer's decision to exercise the right of withdrawal.
  2. The Seller shall refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in any case the Consumer will not incur any fees in connection with this return.
  3. iii.The seller may withhold the reimbursement until receipt of the goods or until proof of its return is provided to him, whichever occurs first.
  4. iv.The seller asks you to return the goods to the return address immediately, and in any case not later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the consumer sends the goods back within 14 days.
  5. The consumer bears the direct cost of returning the goods.
  6. vi.The consumer is only responsible for reducing the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
  7. vii.If the goods, due to their nature, cannot be sent back by regular mail, the consumer will also have to bear the direct cost of returning the goods. The consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or while placing the order.

§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the contract:
    1. In which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs. (Important Note - most of the furniture in the Mebway's Offer is produced individually for the needs of the client)
    2. In which the subject of the service is an item subject to rapid deterioration or having a short shelf life.
    3. iii.In which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.
    4. iv.In which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
    5. In which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery.
    6. vi.For delivering newspapers, periodicals or magazines, with the exception of subscription contracts.
    7. vii.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.
    8. viii.For the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.

§ 9 COMPLAINTS

  1. In the event of a defect in the goods, the Buyer has the option of complaining about the defective goods under the warranty or guarantee specified in the Polish Civil Law and in Uniform Commercial Code provided, that the guarantee has been granted.
  2. If you choose transport by courier and notice damage in the shipment, please carefully check and write down the damage in the presence of the courier and write down and send a complaint report, which in this case will be the basis for the complaint.
  3. Using the warranty, the Buyer may, on the terms and within the time limits specified in the Polish Civil Law Code and Uniform Commercial Code:
    1. Submit a price reduction statement
    2. In the event of a material defect - make a statement of withdrawal from the contract
    3. iii.Demand exchange the item for one free from defects
    4. iv.Request removal of the defect
  4. The Seller asks to make a complaint under the warranty to the postal or electronic address indicated in § 2 of the Regulations.
  5. If it turns out that in order to consider the complaint, it is necessary to deliver the claimed goods to the Seller, the Buyer is obliged to deliver this goods, in the case of a Consumer at the Seller's expense, to the Return Address.
  6. If the product has been given an additional warranty, information about it, as well as about its conditions, is available in the product description in the Store.
  7. Complaints regarding the operation of the Store should be directed to the e-mail address provided in § 2 of the Regulations.
  8. The complaint will be considered by the Seller within 14 days.
  9. The entity competent to deal with complaints in the case of contracts concluded with Entrepreneurs are the relevant Entrepreneurs.

EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS

  1. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others from:
    1. Mediation conducted by the appropriate Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    2. Assistance of the competent field-based amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596
    3. iii.Free help from the municipal or voivode Consumer Ombudsman
    4. iv.The internet ODR platform is available at: http://ec.europa.eu/consumers/odr/.
    5. For alternative dispute resolution assistance in Florida go to https://www.flcourts.gov/Resources-Services/Alternative-Dispute-Resolution

§ 10 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller. If the Buyer uses only the offer placed by the Entrepreneur, the Data Administrator is each time the Entrepreneur from whom the product or service was purchased.
  2. The Buyer's personal data is processed on the basis of a contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR) and in California Privacy Protection Act (The CCPA). Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.

§ 11 RESERVATIONS

  1. It is forbidden for the Buyer to provide illegal content.
  2. The buyer has the opportunity to provide Entrepreneurs with ratings and comments. It is forbidden to post ratings and comments containing vulgar content and false information. The Seller reserves the right to remove a comment violating the rules of these Regulations.
  3. Each time an order placed in the Store, in the form of an E-mail or by Phone constitutes a separate sales contract and requires a separate acceptance of the regulations. The contract is concluded on time and to fulfill the order.
  4. Contracts concluded on the basis of these regulations are concluded in Polish, unless the parties after mutual acceptance decide otherwise.
  5. None of the provisions of these Regulations excludes or in any way limits the consumer's rights under the law.

§ 12 PROVISIONS CONCERNING NON-CONSUMER BUYERS

  1. The right to withdraw from a distance contract is not entitled to an entity other than the Consumer.
  2. Any liability of the Seller towards the Buyer who is not a Consumer in the field of Consumer Law is excluded.
  3. In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.

ANNEX 1 TO THE REGULATIONS

Below is a sample withdrawal form from which the Consumer may or may not use:

MODEL WITHDRAWAL FROM THE CONTRACT 
(this form should be completed and returned only if you wish to withdraw from the contract)

For US, Canada and Mexico purchases use: 

Mebway LLC

 5301 N Federal Hwy #215 Boca Raton, FL 33487, United States

For all other purchases use: 

Mebway Kamil Gałdzicki
Fabryczna 2/3.6, 20-301 Lublin, Poland, e-mail address: [email protected]

- I ................................................ ......................... hereby inform about my withdrawal from the sales contract of the following items: 

.................................................. .................................................. .................................................. .................................................. ............................ 

.................................................. .................................................. .................................................. .................................................. ............................ 

.................................................. .................................................. .................................................. .................................................. ............................

- Date of receipt ............................................... .................................................. .................................................. .................................................. .... 

- Name of Consumer (s) .......................................... .................................................. .................................................. ............................................ 

- Consumer (s) address ............................................ .................................................. .................................................. ...................................... 

.................................................. .................................................. .................................................. .................................................. ............................

.................................................. ........................................... 
Consumer Signature 
(only if the form is sent in paper version) 


Date ............................................

(*) Delete as applicable.

ACCOUNT REGULATIONS

TABLE OF CONTENTS

§ 1 Definitions 
§ 2 Contact us
§ 3 Technical requirements 
§ 4 Account 
§ 5 Complaints 
§ 6 Personal data 
§ 7 Reservations

§ 1 DEFINITIONS

Account - the free function of the Store (service) regulated in these regulations, thanks to which the Buyer can set up his individual Account in the Store. 
Buyers - any entity Buyers in the Store. 
Store - Mebway online store run by the Seller at https://mebway.com 
Seller - an entrepreneur running a business under the name Mebway Kamil Gałdzicki, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and running the Central Register and Information on Economic Activity, VAT 7132879636, REGON No. 142965954, Fabryczna 2/3.6, 20-301 Lublin, Poland; and Mebway Limited Liability Company with registered office at 301 N Federal Hwy #215 Boca Raton, FL 33487, United States.

§ 2 CONTACT US

We are Mebway LLC, a limited liability company registered in the United States and Poland and have our registered office at 5301 N Federal Hwy #215 Boca Raton, FL 33487, United States and Fabryczna 2/3.6 20-301 Lublin Poland.

You can contact us by emailing us at [email protected] or writing to us at 5301 N Federal Hwy #215 Boca Raton, FL 33487, United States and/or to Fabryczna 2/3.6 20-301 Lublin Poland.

§ 3 TECHNICAL REQUIREMENTS

  1. For proper functioning and creating an Account, you need:
    • Active email account
    • A device with internet access
    • A web browser that supports JavaScript and cookies

§ 4 ACCOUNT

  1. Creating an Account is entirely voluntary and depends on the will of the Buyer.
  2. The account gives the Buyer additional options, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of the order or editing the Buyer's data.
  3. To set up an Account, please complete the appropriate form in the Store.
  4. At the time of creating the Account, an agreement is concluded for an indefinite period between the Buyer and the Seller regarding the maintenance of the Account on the principles set out in the Regulations.
  5. The Buyer may cancel the Account at any time without incurring any costs.
  6. In order to resign from the Account, please send your resignation to the Seller to the e-mail address: [email protected], which will result in immediate deletion of the Account and termination of the contract in the scope of keeping the Account.

§ 5 COMPLAINTS

  1. Complaints regarding the operation of the Account should be directed to the email address [email protected].
  2. The complaint will be considered by the Seller within 14 days.

EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS

  1. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others from:
    1. Mediation conducted by the appropriate Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    2. Assistance of the competent field-based amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596
    3. iii.The internet ODR platform is available at: http://ec.europa.eu/consumers/odr/.
    4. iv.For alternative dispute resolution assistance in Florida go to https://www.flcourts.gov/Resources-Services/Alternative-Dispute-Resolution

§ 6 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller.
  2. The Buyer's personal data is processed on the basis of a contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR), and in California Privacy Protection Act (The CCPA). Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.

§ 7 RESERVATIONS

  1. It is forbidden for the Buyer to provide illegal content.
  2. The account maintenance agreement is concluded in Polish.
  3. In the event of important reasons referred to in paragraph 4, the Seller has the right to amend these Account regulations.
  4. Important reasons referred to in paragraph 3 are:
    1. the need to adapt the Store to legal provisions applicable to the Store's operations
    2. improving the security of the service provided
    3. iii.change in the functionality of the Account requiring modification of the Account regulations.
  5. The buyer will be notified of the planned change in the Account regulations at least 7 days before the change is implemented via e-mail sent to the address assigned to the Account.
  6. If the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the e-mail address of the Seller [email protected], which will result in termination of the Account maintenance agreement at the time of the planned change coming into force or earlier if the buyer makes such a request.
  7. In a situation where the Buyer does not object to the planned change until its entry into force, it is assumed that he accepts it, which does not constitute any obstacle to terminate the contract in the future.
  8. In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
  9. None of the provisions of these Regulations excludes or in any way limits the consumer's rights under the law.

NEWSLETTER REGULATIONS

§ 1 DEFINITIONS

Newsletter - a service provided electronically free of charge, through which the Customer may receive from the Service Provider electronically previously ordered messages regarding the Store, including information about offers, promotions and news in the Store. 
Store - Mebway online store run by the Service Provider at https://mebway.com 
Service Provider - an entrepreneur running a business under the name Mebway Kamil Gałdzicki, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and running the Central Register and Information on Economic Activity, NIP 7132879636, REGON No. 142965954, ul. Fabryczna 2/3.6, 20-301 Lublin and Mebway Limited Liability Company with registered office at 301 N Federal Hwy #215 Boca Raton, FL 33487, United States.
Service Recipient - any entity using the Newsletter service.

§ 2 NEWSLETTER

  1. The Service Recipient may voluntarily use the Newsletter service.
  2. To use the Newsletter service, you must have a device with the latest web browser that supports JavaScript and cookies, access to the Internet and an active e-mail account.
  3. E-mails sent as part of this service will be sent to the e-mail address provided by the Service User when subscribing to the Newsletter.
  4. The recipient, in order to conclude a contract and subscribe to the Newsletter service, in the first step provides in the designated place on the Website his email address to which he wants to receive messages sent as part of the Newsletter. Then, to the e-mail address provided in the first step, the Service Provider will send the Customer a message verifying the e-mail address, in which there will be a link for the Customer to confirm his will to subscribe to the Newsletter. After the Service Recipient confirms his will to subscribe to the Newsletter, a service contract is concluded and the Service Provider will begin providing it to the Service Recipient.
  5. The messages sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
  6. The Service Recipient may unsubscribe from the Newsletter, without giving a reason and incurring any costs, at any time, using the option referred to in paragraph 5 or by sending a message to the Service Provider's email address: [email protected] .
  7. The use of the link to unsubscribe from the Newsletter by the Service Recipient or sending a message requesting unsubscription from the Newsletter will result in immediate termination of the contract for the provision of this service.

§ 3 COMPLAINTS

  1. Complaints about the Newsletter should be reported to the Service Provider by e-mail: [email protected] .
  2. The Service Provider will respond to the complaint within 14 days of receiving the complaint.

§ 4 PERSONAL DATA

  1. The administrator of personal data provided by the Service User when using the Newsletter is the Service Provider.
  2. The Service Recipient's personal data are processed on the basis of a contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR) and in California Privacy Protection Act (The CCPA). Detailed information. Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.

§ 5 FINAL PROVISIONS

  1. The Service Provider reserves the right to amend these regulations only for important reasons. An important reason is the need to change the regulations caused by the modernization of the Newsletter service or a change in the law, affecting the provision of the service by the Service Provider.
  2. Information about the planned amendment to the regulations will be sent to the Service Recipient's e-mail address provided at the time of subscribing to the Newsletter at least 7 days before the changes are introduced.
  3. If the Service Recipient does not object to the planned changes until they enter into force, it is assumed that he accepts them.
  4. In the absence of acceptance for planned changes, the Service Recipient should send information about it to the Service Provider's e-mail address: [email protected] , which will result in termination of the service contract upon the entry into force of the planned changes.
  5. The Customer is prohibited from providing illegal content.