RULES AND REGULATIONS OF THE MCS ONLINE SHOP
The rules and regulations define the general rules for entering into a sales agreement via the Online Shop. They provide the framework for executing the sales agreement, the duties and obligations of the Salt Mine Online Shop, the responsibilities of the Customer, as well as the principles of the complaint procedure.
By placing an order, the Customer accepts these Rules and Regulations.
§1 General Stipulations
- MCS Online Shop is operated at www.mcsonline.pl by the Motorcycle Service Center Helman Piszcz general partnership (Motocyklowe Centrum Serwisowe Helman Piszcz Sp.J.) with its registered office in Warsaw, Prymasa Tysiaclecia 76H, Poland,hereinafter referred to in the present Rules and Regulations as “the Shop”.
- Customers may obtain information on the orders placed during Shop operation hours (Monday to Friday 10 am to 7 pm except on public holiday as defined in legal acts), at the following numbers:
a) telephone number (Sales Department): +48 (22) 837 44 55
b) email address for correspondence concerning sales, complaints or declarations of withdrawal: firstname.lastname@example.org
c) Shop web page address: www.mcsonline.pl
- The MCS Online Shop sells products via the Internet.
- Orders can be placed at www.mcsonline.pl on an appropriate order form.
- No later than on the date of the shipment of the products or the commencement of the service, the Shop shall confirm entering an Agreement on a durable medium (primarily durable media include email or document in hard copy). The confirmation shall also contain important information included in the Shop Rules and Regulations and information on the Customer’s consent to receive digital content.
- Standard shipment time shall be 48 hours (excluding Saturdays and Sundays), but in particular cases it may be extended. This constitutes an approximate time from the receipt of confirmation of payment to shipping the order.
- The order shall be completed provided that the product is in stock or with the Shop suppliers. In case of unavailability of the products covered by the order, the Customers shall be informed on the status of the order and decide on the manner in which they wish to proceed (partial completion of the order, allowing for a prolonged time for delivery, or cancelling the whole order).
- A limited number of products shall be available for promotion sales, and orders shall be executed according to the sequence in which the confirmations for the products are recorded, until such time that all the stock of products covered by this form of sale is exhausted.
- The Customer shall make payment for the products ordered by bank transfer to the Online Shop bank account or by systems offering instant online payments, such as PayPal.
- A VAT invoice shall be issued for each order. The VAT invoice shall be issued when all the products ordered by the Customer are completed and ready for shipment. The Customer shall receive the original invoice signed by the Shop. It should be borne in mind that should a Customer being a natural person place an order or purchase a product providing the information (e.g. the name / company) of the business owned by the buyer, it shall be presumed that the purchase is made in connection with such business and the invoice shall be issued to the buyer, as a business owner.
- The Customer can modify the order until the moment of receiving the Shop’s confirmation on concluding an agreement.
- All prices shall be provided in Polish zlotys and include VAT. In the foreign-language versions of the online catalogue, prices shall be also given in EUR, USD and UAH and converted each day according to exchange rate the table published by the National Bank of Poland. The price specified next to each product shall be binding upon placing an order by the Customer.
- In countries where shipments are subject to customs duty, such charges shall be borne by the Customer. In such cases, the shipment date shall be extended by 24 hours.
- The procedure of transmitting transaction receivables and verification by the Shop shall be carried out by przelewy24.pl.
- The shipment of products shall be performed in the manner specified in the order. Shipments shall be made by:
DHL Parcel Polska Sp. z o.o.
ul. Osmańska 2
- The exact cost of products ordered and the shipment shall be specified to the Customer in a clear and visible manner on the order form, immediately before the Customer places an order.
- The Customer shall be obliged to confirm, before the moment of the order approval on the website, that the purchase entails the obligation to pay the costs of the approved order. The Customer shall perform such confirmation by selecting in the order form a separate tab stating: “ORDER WITH OBLIGATION TO PAY”.
- The distance sale agreement between the Shop and the Customer shall be concluded upon receipt by the Shop of the order placed by the Customer. The agreement shall concern the sale of the products specified in the order.
§2 Shipping conditions
- The total cost of the order shall include the value of the products ordered and the fee for the shipment of the products ordered to the Customer. The cost of the order shall be borne by the Customer. Information on the overall cost of the order and the payment deadline shall be provided to the Customer before placing the order. In the absence of other claims, the deadline for the payment for the products ordered shall be of 5 days from the date of the Customer placing the order. Should payment fail to be made within this deadline, the Shop shall cancel the order and inform the Customer on a durable medium without delay.
- Shipments shall be delivered by courier: DHL Parcel Polska Sp. z o.o. with its registered office in Warsaw at ul. Osmanska 2, Poland, to the address indicated by the Customer in the order.
- Recipients in countries outside the European Union may be required to pay duty on the products. The amount of duty shall be determined on the basis of the internal regulations of each country.
- The Customer shall have the possibility to track the order on the courier company's website.
- The Shop reserves the right to suspend the execution of the order and its verification in case of reasonable doubts as to the veracity of the completed order form or the order placed.
§3 Withdrawal from the Agreement
- The Customer may cancel the Agreement concluded with the Shop without providing any reason or incurring additional costs within 14 days from the date of the receipt of the order. The Shop shall inform the Customer of the right of withdrawing from the Agreement and the terms at the moment of placing the order. In addition, the Customer shall receive, along with the confirmation of concluding an agreement with the Shop, a form for withdrawal from the Agreement.
- The Customer may submit the declaration of withdrawal from the agreement in writing at the Shop address indicated in § 1 of the hereto Rules and Regulations or by e-mail, by sending a declaration of withdrawal to the Shop address: email@example.com
- The Shop shall also allow the Customer to submit a declaration of withdrawal from the agreement by interactive electronic withdrawal form provided on the Shop website www.mcsonline.pl
- In the event of a Customer submitting a declaration of withdrawal electronically, the Shop shall immediately confirm to the Customer by e-mail of the receipt of notice of withdrawal from the agreement.
- Should the Customer withdraw from the agreement, the Shop shall refund the Customer an amount equal to the product price including the cost of shipping the products to the Customer. Such reimbursement shall be made without delay, but not later than within 14 days from the date of receipt of the Customer's declaration of withdrawal. Payments shall be refunded within 5 working days by bank transfer to the account indicated by the Customer or by money order to the address specified in the order, after the Shop receives the products or the Customer presents proof of returning the products. Refund payments shall be made using the same method of payment as that used by the Customer for the purchase, unless the Customer agrees to the payment being reimbursed in a different manner.
- Should products be returned as a result of withdrawal from the agreement, the Customer shall bear the direct cost of returning the products. Should the Customer choose a manner of the shipment of products other than ordinary least expensive shipment manner offered by the Shop, the Shop shall not be obliged to reimburse the Customer the extra cost incurred.
- The Customer shall return the products to the Shop, or transfer them to a person authorised by the Shop without delay, but not later than within 14 days from the date of withdrawal from the agreement. For the deadline of returning the products to be respected, the Customer simply needs to return the products before the deadline expires.
- Products shall be returned in the same condition in which they were purchased, which means that they cannot show any damage or defects. Products should be returned together with the packaging. Products should be returned together with the received VAT invoice. Should the value of the products decrease as a result of using it in a manner going beyond the manner necessary to establish the characteristics of the product, its features and operation, the Customer shall bear the proportion of the cost of reducing their value.
- The Customer shall not be entitled to withdraw from the agreement in the case of the sale of products which are perishable or have a short shelf life, as well as products delivered in a sealed package which cannot be returned once opened due to health or hygiene reasons, if the package has been opened after delivery.
- The Shop undertakes to supply the ordered product to the Customer free of defects. The Shop provides warranty for the products delivered to the Customer in accordance with the provisions of the Polish Civil Code for a period of 24 months from the date of shipment of the products to the Customer.
- The warranty shall not apply if the products have been damaged mechanically for reasons beyond the control of the Shop, in particular as a result of improper use of the products.
Also it is not applicable if the product was purchased by a business person and a VAT invoice was issued for this activity.
- Under the warranty, the Customer is entitled to require:
a. a replacement of the product or removal of defects; the Customer may require the products to be replaced by ones free of defects instead of removing the defects proposed by the Shop, or require that the defect be removed instead of product replacement, unless the manner of making the product conform with the order chosen by the Customer proves impossible or would require excessive costs in comparison with the method proposed by the Shop;
b. price reduction with the indication of the amount by which the price should be reduced, or withdrawal from the agreement; the Customer shall not be entitled to those if the Shop replaces the defective products with ones free of defects or removes the defect without delay or undue inconvenience to the Customer. This limitation shall not apply if the product has already been replaced or repaired by the Shop. The Customer cannot withdraw from the order if the defect is irrelevant.
- If during the use of the product, the Customer finds defects in it, he/she should contact the MCS Online Sales Department at the following number: +48 (22) 837 44 55 - inside number 6
- Should the Customer find any defect or damage caused during delivery after the receipt of the product, he/she should send it to the following address: Motocyklowe Centrum Serwisowe Helman Piszcz Sp.J., Poland. Returned products must be accompanied by proof of purchase (invoice), along with a brief description of the damage to the products. Any complaints shall be dealt with within 14 working days of receipt. At that time, the Customer shall be informed in writing about the manner in which the complaint has been dealt with. Damaged products shall be replaced with ones free of defects, and should it prove impossible (for example, due to the exhaustion of stocks), the Shop shall reimburse the buyer the price equivalent to that paid for the product or offer a selection of other products available in the Shop. Once the complaint is settled, the product shall be returned at the expense of the Shop.
§5. Final Provisions
- Personal data contained in the registration form shall be stored and processed in a manner consistent with the scope of the authorisation granted by the Customer and the requirements of the Polish law, in particular in accordance with the Act on the Protection of Personal Data of 29 August 1997 (Journal of Laws No. 133, item. 883, as amended). The registration form shall include data necessary for determining the identity of the user, i.e. personal and address details. However, it is only required to fill in some of the fields, containing the information required for concluding a transaction under the civil law and dealing with the sales agreement. All Customers who filled out the registration form shall have regular access to data in order to verify, modify or delete them. The Shop shall not transfer, resell, or lend personal data of its customers to other persons or institutions.
- The rights and obligations of the parties arising from the agreement concluded shall be governed by the Act of 30 May 2014. on Customer Rights (Journal of Laws of 24 June 2014, Item 827) and the Act of 23 April 1964 Civil Code (Journal of Laws 2014.121 as amended.).
- The product sale agreement is concluded in accordance with the Polish law and in the Polish language.
- Any dispute arising out of the sale agreement shall be settled by the competent local court of general jurisdiction.
- In case of any errors or mistakes in the information published by the Shop, please inform us of the perceived errors by e-mail at: firstname.lastname@example.org
- The hereto Rules and Regulations come into force on 25 December 2013.