Terms and conditions

TERMS OF SERVICE

for the online store

These Terms of Service specify the terms and conditions of making purchases at the online store run by the Seller at the web address of mescell.com.

The Seller is:

Tuva limited liability company, Robotnicza 2b, 52-116 Zacharzyce

KRS number: 0000641121, REGON number: 365601811, NIP number: 8961555074

Contact info:

– phone number: 501592396

– e-mail address: shop.mescell@gmail.com

 §1

Definitions

The terms used in the Terms of Service are to be interpreted as per following definitions:

  1. Terms of Service – these terms of service. Within the scope of services supplied electronically, Terms of Service means terms of service as specified in art. 8 of the 18th of July 2002 electronically supplied services act (the Official Journal  144, item 1204 as amended).
  2. Client – a natural person, legal entity or business unit without legal personality but with legal capacity, placing an Order at the Online Store according to the provisions of the Terms of Service.
  3. Consumer – a Client who is a natural person, concluding a Sales contract with the Seller that is not directly related to their professional or business activity.
  4. Seller – the company of the Tuva limited liability company.
  5. Item – a movable presented at the Online Store that a Sales Contract is related to.
  6. Custom Item – an Item manufactured according to criteria specified by the Client or serving their individualized needs.
  7. Sales Contract – a sales contact of Items within the meaning of the Civil Code act, concluded between the Seller and the Client through the Online Store.
  8. Online Store (Store) – a website available at the web address of mescell.com that the Client can place an Order through.
  9. Order – the Client’s declaration of intent that constitutes an offer, explicitly specifying the type and quantity of Items, delivery address and the selected online payment method used to make the payment, with a direct intention of concluding a Sales Contract.
  10. Website – a WWW site located at the web address of mescell.com.
  11. Communication and Information System – a group of cooperating computer devices and software that provides processing and storage as well as sending and receiving of data through telecommunication networks using an end device relevant to the particular network type.
  12. Fulfilling an Order – the actions that cover preparing the ordered Item and handing it over to a courier that performs the delivery service.
  13. Client Account – a database that especially contains a Client’s data used to fulfill the placed orders as well as the order history.

 §2

General provisions

  1. A condition for placing an Order at the Store is for the Client to read the Terms of Service and Privacy Policy and accept their provisions.
  2. The services supplied electronically by the Seller through the Online Store are:
  • concluding Sales Contracts online – within the scope of the items being sold at the Online Store,
  • the newsletter.
  1. The Store sells Items within the European territory.
  2. In order to place an order, the Client should possess:
  • an active e-mail account,
  • a device connected to the Internet and an available web browser with JavaScript and cookies enabled.
  1. The Client is obligated to restrain themselves from any actions that could impact the Store’s activity, especially to restrain themselves from submitting content forbidden by law, including content that violates personal interests and other rights of third parties.
  2. The Seller informs that using services supplied electronically over the Internet comes with a risk. The basic danger for people using services supplied electronically is the possibility of having the communication and information system “infected” with software like viruses, “worms” or “Trojans”. In order to avoid the threats related to it, it is important for the Client to be using an adequate device connected to the Internet that is equipped with an anti-virus program and updating it regularly, installing the latest version of it.
  3. The Client may:
    • register at the Store in order to create a Client Account,
    • place an Order without registering.
  4. In order to create a Client Account, one has to fill out the registration form, providing their first and last name or the business name (company), e-mail address and password, accept the Terms of Service. The Client’s login is the e-mail address provided by them. The password is a string of characters selected by the Client. The Seller doesn’t know the Client’s password and it is the Client’s responsibility to keep it secret and protect it from unauthorized access by third parties. The Client takes full responsibility for actions taken by third parties as a result of the Client making the login and/or password available to them.
  5. After registering at the Store, the logging process is always performed using the data provided in the registration form. After logging in, in the “Account Details” tab, the Client can add or change their info, as well as change the password, whereas in the “Addresses” tab they can add billing addresses and shipping addresses.
  6. In order to delete the Client Account at the Store, it is required to send an e-mail message with a request to delete the account at the following address: shop.mescell@gmail.com.

§3

Placing orders

  1. The Items offered at the Store are new and free from physical and legal defects.
  2. Placing an Order is synonymous with the Client being familiar with the characteristics and parameters of the ordered Items.
  3. The information on the Items available at the Store merely constitutes an invitation to place offers. This information doesn’t constitute an offer within the meaning of the legal provisions.
  4. Orders can be placed through the Store 24 hours a day, 7 days a week throughout the year, without having to register.
  5. When placing an Order, the Client:
  • chooses Items to order by placing them in their cart,
  • if they have a Client Account, they log into it, and if they wish to place an Order without registering, they fill out the form with their contact info, including the phone number and e-mail address,
  • specifies the delivery address,
  • chooses an online payment method.
  1. In the event that the Order involves custom Items, the Client selects the available criteria that specify the properties of the item to be produced according to the selections made.
  2. An Order placed by the Client constitutes an offer of concluding a Sales Contract of the Item. The Sales Contract is concluded when the Client places the Order and the Seller confirms taking it under the terms of the Terms of Service.
  3. After placing the Order, the Client receives a message from the Store at the e-mail address provided by them that confirms taking the Order.
  4. The Seller not confirming a placed Order is not equal to silently taking this Order.

§4

Delivery time and costs

  1. The Item will be delivered by a courier at the address specified by the Client.
  2. The Client bears the costs of delivering (sending) the Items.
  3. The Seller will begin fulfilling the order after confirming it and having the payment transferred to the bank account.
  4. The Order will be fulfilled within 2 business days, except for custom Items.

§5

Payments

  1. Placing an Order entails an obligation to pay for it.
  2. The Items’ prices are gross prices displayed in Euro. The prices provided don’t include delivery costs.
  3. The Client may choose a traditional bank transfer or one of the following online payment methods made available at the Store’s website:
    • Dotpay (polish language),
    • Traditional transfer
    • PayPal
  4. The total price that the Client is obligated to pay, including a relevant value added tax (VAT) rate and delivery costs, will be calculated and disclosed to the Client before placing an Order at the online store.
  5. Each of the Items sold has a bill of sale issued for it by the Seller. A VAT invoice for the purchased Item will be sent to the Client electronically, at the provided e-mail address in form of a digital image of the billing documents. By accepting the Terms of Service, the Client hereby agrees to have a VAT invoice issued and sent in digital form.

§6

Withdrawal from a Sales Contract, returning Items

  1. A Client who is a Consumer has a right to withdraw from a Sales Contract without giving any reason, by submitting an adequate declaration within 14 days from the day of the Item coming into possession of the Consumer or a third party specified by them. The Consumer can download a template of the above declaration at the following link: https://cdn.shoplo.com/2932/files/odst-umowy.doc

A declaration of withdrawal from a Sales Contract has to be sent at the Seller’s e-mail address.

  1. The Item returned by the Consumer should be in an unaltered state, unless the alterations were necessary within the scope of normal handling. The Consumer is responsible for the value of the item being decreased as a result of using it in a way that goes beyond what’s necessary to determine the nature, characteristics and functionality of the Item. A returned Item should be packaged in a way that guarantees making the parcel and its content properly secured.
  2. Returns don’t cover:
    • Items that, upon delivery, due to their nature, become permanently combined with other items,
    • Custom Items.
  3. The Seller returns the payment (including the delivery costs) immediately, no later than within 14 days from receiving the returned Item. The payment will be refunded by a bank transfer at the bank account number provided by the Consumer or through the PayPal system.

§7

Complaints procedure

  1. A Client may file complaints:
  • against services supplied electronically specified in § 2 par. 2 of the Terms of Service, by e-mail at the following address: shop.mescell@gmail.com or in writing at the Seller’s address;
  • against Items not matching the Sales Contract.
    1. A complaint against a service supplied electronically should contain the Client’s ID and a specification of circumstances that would justify filing it. The Seller will address the complaint within 14 days from receiving it. The Seller will notify the Client about remedying the complaint or refusing to remedy it immediately after addressing it.
    2. In order to file a complaint against an item not matching the contract, the Client delivers the Item complained against at the Seller’s address. Attaching the bill of sale to the complaint report will make the process of addressing the complaint faster.
    3. The Seller will address the complaint within 14 days from the day of it being filed.
    4. If an Item is defective, the Client might submit a declaration of lowering the price or withdrawing from the Sales Contract to the Seller, unless the Seller immediately and without major inconvenience to the Client replaces the defective Item with a defect-free one or fixes the defect. If the Client is a Consumer, however, they may demand having the Item replaced with a defect-free one instead of the Seller’s suggestion to fix the defect, or demand the defect to be fixed instead of getting a replacement, unless making the Item comply with the Sales Contract in the way selected by the Consumer is impossible or would require excessive costs compared with the method suggested by the Seller. When determining whether costs are excessive, the value of a defect-free Item, the kind and significance of the defect are taken into account, as well as inconveniences that other types of resolutions would impose on the Consumer.
    5. A Client cannot withdraw from the Sales Contract if the defect is insignificant.
    6. The Seller is obligated by the warranty if a physical defect is determined within two years from the Client receiving the Item. However, the Client’s demand to have the defect fixed or the Item replaced with a defect-free one becomes void after a year from the day of the defect being discovered, and for a Consumer, no earlier than after 2 years from the day of receiving the Item.
    7. A Client that is not a Consumer loses the warranty rights if they didn’t examine the item within the time frame and in a way deemed standard for items of this kind and didn’t notify the Seller about the defect immediately, and in the event that the defect wasn’t discovered until later – if they didn’t notify the Seller immediately after discovering it.

§8

Final provisions

  1. The applicable law for the Terms of Service, including services supplied electronically and sales contracts, is the Polish law. Choosing the Polish law, however, doesn’t result in the Clients who are Consumers losing the protection provided by provisions that cannot be excluded by contractual agreement under the law of the country where a particular Consumer resides.
  2. If, within the time that passed since the Client last logged onto the Store’s website, there was a change to the Terms of Service, the Client will accept its provisions after the changes or not. In the event of not accepting the conditions of the Terms of Service, especially after introducing changes to them, it is not possible to shop at the Store.
  3. A Client who does not accept the changes made to the Terms of Service has the right to delete their Client Account at any time by contacting the Seller through e-mail.
  4. Orders placed by Clients before making changes to the Terms of Service will be fulfilled under their previous provisions.
  5. In accordance with the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), the Seller informs that at the web address of http://ec.europa.eu/consumers/odr there’s a platform of the online consumer-business dispute solving system (ODR platform – Online Dispute Resolution). The ODR platform is an interactive, multilingual website with a comprehensive help desk for consumers and businesses aiming for an out-of-court resolution of disputes over contractual obligations arising from a sales contract or contract of service.

  

INFORMATION ON EXERCISING THE RIGHT TO WITHDRAW FROM A SALES CONTRACT

The right to withdraw from a Sales Contract

You have the right to withdraw from this contract within 14 days without giving any reason.

The deadline for withdrawing from a contract is 14 days from the day when you came into possession of the item or when a third party other than the delivery company and specified by yourself came into possession of the item.

In order to exercise the right to withdraw from a contract, you have to notify Tuva Sp z o.o., at the following address: Robotnicza 2b, 52-116 Zacharzyce, about your decision to withdraw from this contract through an explicit declaration.

You may use the withdrawal form template, but it is not obligatory.

In order to meet the deadline of withdrawing from a contract, you just have to send information on exercising your right to withdraw from the contract before the deadline for withdrawing from the contract.

Consequences of withdrawing from a contract

In the event of withdrawing from this contract, we refund you with all the payments received from you, including the costs of delivering the items (except for additional costs arising from you choosing a delivery method other than the cheapest, regular delivery method offered by us), immediately, in any case no later than 14 days from the day of being notified about your decision to exercise the right to withdraw from this contract. The refund will be sent using the same payment method that you used during the initial transaction, unless you explicitly agree to a different solution; in any event, you will bear no costs related to this refund. We might withhold refunding the payment until receiving the items or until being provided with a proof of sending them, whichever comes first.

Please send or deliver the items to us immediately, in any event no later than 14 days from the day of notifying us about withdrawing from this contract. The deadline is considered met if you send the item back before 14 days pass. You will need to bear the direct costs of returning the item.

Withdrawal form template

(this form should only be filled out and sent when wishing to withdraw from a contract):

  • Recipient: Tuva Sp z o.o., address: ul. Robotnicza 2b, 52-116 Zacharzyce, e-mail address: shop.mescell@gmail.com.
  • I/We(*) hereby inform about withdrawing from the sales contract of the following items(*) / delivery contract of the following items(*) / contract work consisting of producing the following items(*) / contract for performing the following service(*)
  • Date of concluding the contract(*) / reception(*)
  • First and last name of the consumer(s)
  • The address of the consumer(s)
  • A signature of the consumer(s) (only if the form is sent on paper)
  • Date

(*) Delete as appropriate.

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