Outlet Terms and Conditions

Online Outlet Terms and Conditions

https://markadler.pl/outlet

I General Provisions

The operator of the online outlet, located at the web address www.markadler.pl/outlet, hereinafter referred to as the ‘Online Shop’, which handles customers, orders, payments and complaints, is Meester Group Sp. z o.o., with its registered office in Poznań at ul. Wagrowska 2, 61-369, NIP 7822769523, REGON 368932069. Email address: sklep@markadler.pl; telephone number: (+48) 61 635 05 40.

You can contact the Online Shop by email at sklep@markadler.pl or by calling (+48) 61 635 05 40.

These Terms and Conditions set out the rights and obligations of Customers, as well as the rights and obligations of the Seller as the entity managing and operating the Shop.

The Terms and Conditions are available in Polish.

Customers are required to respect copyright and the rights arising from the registration of inventions, patents, trade marks, utility models and industrial designs.

The owner of https://markadler.pl/outlet undertakes to put in place the legal and organisational measures necessary to ensure the secure processing of the personal data of the shop’s customers.

On the website https://markadler.pl/outlet, customers can purchase products labelled ‘outlet’ at reduced prices. The Mark Adler Outlet stocks products from customer returns, shop displays or surplus stock. Products from the Mark Adler Outlet may show signs of use, such as scratches, chips or cracks in the laminate on desk tops, or faults with the lighting and other issues in some products. Products may have imperfections and defects which do not affect their quality or comfort of use.

II Definitions

The terms used in these Terms and Conditions have the following meanings:

Shop – an online shop operating at https://markadler.pl/outlet, which sells the products featured in its range.

Owner – Meester Group Sp. z o.o., with its registered office in Poznań, ul. Wagrowska 2, 61-369

Client Account – a field containing details of transactions carried out and a tool used to execute orders placed by the client.

Newsletter – a service provided by the Shop to the User, consisting of sending the User all information regarding the Shop’s operations, as well as materials, including digital content, following the User’s voluntary provision of their email address, first name and surname.

Goods at the Mark Adler Outlet – means a product presented by the Seller via the Shop’s Website, which is sold at a reduced price due to possible defects and is the subject of the Contract of Sale.

Goods with digital elements – means Goods that contain digital content or a digital service, or are linked to them in such a way that the absence of the digital content or digital service would prevent them from functioning properly.

Digital content – means data produced and supplied in digital form, e.g. an e-code, a music CD.

Consumer – a natural person who enters into a contract for the sale of goods or the provision of services with a trader, which is not directly related to their business or professional activities.

Entrepreneur – a natural person, a legal person or an entity without legal personality, who carries out a legal act in their own name in the course of their business or professional activities.

An entrepreneur who, in certain situations, enjoys consumer rights – a Customer making a purchase on the Shop’s website as a natural person carrying on a business – acquires consumer rights if the product or service they have purchased at https://markadler.pl/outlet is not of a professional nature for them, arising in particular from the nature of the Customer’s business activity.

Customer – any party making a purchase in the Online Shop in accordance with these Terms and Conditions, including a Consumer, a Business, and a Business which, in certain circumstances, enjoys consumer rights.

Working days – days of the week from Monday to Friday, excluding public holidays.

Terms and Conditions – this document sets out the terms and conditions governing the use of the Shop and the purchase of products from it.

III Technical Terms and Conditions for Using the Shop

In order to use the Shop, the Customer must have:

a device for transmitting telecommunications data;

access to the Internet;

email address;

software for opening PDF files, e.g. Adobe Acrobat Reader.

The Shop wishes to inform you that if you disable cookies, this may affect the functionality available on the Shop’s website. When you visit the Shop’s website, you will be asked to accept the Cookie Policy.

Detailed information regarding cookies is set out in the Cookies Policy, available at https://markadler.pl/outlet, which forms an integral part of these terms and conditions.

IV Registration and Login

To set up a ‘Customer Account’, the customer must register using the form, providing a username, email address and password.

The password entered when logging in to the Shop may consist of letters, numbers and/or special characters. Each user has their own individual password. You can change your password on the website by entering your email address and a new password. It is essential that the User changes their password regularly.

Opening a ‘Customer Account’ is free of charge.

Registration is not a prerequisite for placing an order in the Shop.

The customer undertakes to provide accurate details.

By accepting these terms and conditions, the customer makes the following declaration:

I have voluntarily agreed to use the shop’s services;

The information provided in the form is true and accurate.

The customer must not disclose their password for their Online Shop account to third parties.

A registered customer can:

access to order status and history;

receiving personalised discounts and promotional vouchers;

information on opportunities to take part in promotions and competitions;

orders for the Product;

changes to their details;

change your password;

to check your order.

Once registration is complete, the Customer will receive a registration confirmation link at the email address provided.

Once you have registered, you can log in to the system.

V Order fulfilment for products from the Mark Adler Outlet

The shop is open 24 hours a day, 7 days a week, allowing customers to place an order at any time.

The owner would like to inform you that the products on sale at the Mark Adler Outlet are discounted due to possible defects.

The customer declares that they are aware that the products on sale in the Shop may have defects.

When purchasing products from the Mark Adler Outlet, the number of items the Customer may purchase may be limited; the Customer is informed of this on each occasion when placing an order.

The owner verifies the order placed by the Customer. Once the order has been successfully verified, the Online Shop sends an email to the Customer confirming the order.

The message contains the proposed terms of the sales contract, in particular: the order number and date, details of the goods purchased, the price and method of payment, the details of the contracting parties, and the place, method and cost of delivery.

If the proposed terms of the sales contract do not correspond to the order placed by the Customer, the Customer should notify the Online Shop of this without undue delay by replying to the email address: sklep@markadler.pl, specifying the discrepancies noted. The Online Shop will send the Customer the corrected version of the proposed contract without undue delay.

The Seller shall send an order confirmation to the email address provided by the Customer; this confirmation constitutes the Seller’s acceptance of the offer, and the Contract of Sale is concluded upon its receipt by the Customer.

The goods sold are accompanied by a warranty certificate issued by the manufacturer, importer or distributor – provided that the manufacturer, importer or distributor provides a warranty on the basis of a written warranty certificate.

In the case of natural persons, only those with full legal capacity may be clients.

The customer places an order as follows:

selecting goods by adding them to the basket;

entering data into the registration or login form, or the delivery form;

choice of delivery and payment methods;

confirming the order by clicking the ‘Buy and pay’ button;

sending an order confirmation to the Customer’s email address;

Orders placed online will be confirmed no later than two working days (excluding public holidays) after receipt of the order. The confirmation will be sent by email.

Orders can also be placed without registering on the Shop’s website via:

send an email to: sklep@markadler.pl;

by telephone during the Shop’s opening hours, by calling (+48) 61 635 05 40

13. A Customer who uses the methods set out in point 12, bypassing the Shop’s website, is required to read and accept the terms and conditions sent by the Shop to the email address provided by the Customer.

14. When placing an order using one of the methods set out in clause 12, the customer should provide:

the name, size, colour and quantity of the products;

the recipient’s full name; the exact delivery address;

contact telephone number;

the purchaser’s email address.

The customer undertakes to provide accurate details.

VI. Payment methods

The customer may pay for the goods covered by the order using the payment method selected at the time of placing the order.

The Customer agrees to the issuing and sending of invoices (including credit notes) in electronic form. Consent to the use of electronic invoices is tantamount to waiving the right to receive them in paper form. The Customer may withdraw their consent to the use of electronic invoices by deselecting the consent option in their Customer Profile after logging in to the Online Shop’s website, or by contacting the Seller’s Customer Service Department.

VII. Prices

The prices shown next to the products on the Shop’s website are in Polish zlotys and include all taxes and charges.

The price of the product before clicking the ‘Add to basket’ button does not include delivery costs or any other additional charges. Delivery costs and payment charges are added to the total cost of the products ordered. The customer is informed of any additional costs, such as those relating to packaging, before placing an order.

Information regarding the total value of the order (including delivery and payment costs) is provided before the ‘Buy and pay’ option is selected and is confirmed in an email sent immediately to the address provided by the Customer.

The reduced price is the price applicable following a price reduction on the Product.

The price may include a discount or rebate calculated on an individual basis, which is automatically applied to the Customer – details of this are included in the Order summary.

The lowest price is the lowest price for the Product that was in force during the 30 calendar days prior to the price reduction, and in the case of a product offered for sale for a period of less than 30 calendar days, the lowest price is the lowest price applicable from the date on which the Product was first offered for sale until the date the price reduction was introduced.

VIII Delivery

The goods ordered are delivered in the manner specified by the Customer at the time of placing the order.

The seller specifies the delivery date. If the agreed delivery date is exceeded, the consumer is entitled to grant the seller a further period of time. If the goods are still not delivered, the consumer may withdraw from the contract. (This does not apply to business customers.)

The seller is liable for the risk of accidental loss or damage to the goods until the buyer, as a Consumer, receives them, unless the Consumer has chosen a method of delivery other than those offered by the Shop.

Deliveries are made on working days, from Monday to Friday. There are no deliveries at weekends or on public holidays.

The customer may inspect the goods upon collection. In the event of any damage, a report must be drawn up in the presence of the delivery driver.

If the packaging is damaged or the tape is torn, do not accept the parcel and contact the Owner as soon as possible.

The drawing up of a report by the Consumer is not a prerequisite for lodging a complaint or exercising the right to withdraw from the contract. However, to ensure the matter is dealt with efficiently, the Shop asks that you notify it immediately of any damage to the parcel, preferably within 24 hours of collection.

Goods are delivered within Poland.

IX Right to withdraw from the contract

This chapter applies exclusively to Customers who are Consumers and to Business Customers who have consumer rights. (Definition in Chapter II, point 7 of these Terms and Conditions).

Subject to Chapter I, point 7 of these Terms and Conditions, the buyer, as a Consumer, may withdraw from the contract without giving any reason by submitting an appropriate statement in any form within 14 days of the date on which the product was delivered to them. To meet the above deadline, it is sufficient to send the notice before it expires to the Seller’s postal address:

Meester Group Sp. z o.o., with its registered office in Poznań at ul. Wagrowska 2, 61-369,

email address: sklep@markadler.pl

If the Customer has chosen a delivery method other than the cheapest standard delivery method offered by the Owner, the Owner is not obliged to reimburse the Customer for any additional costs incurred by the Customer.

In the event of withdrawal from a distance contract, the contract is deemed never to have been concluded. Any goods or services provided by the parties must be returned in their original condition. The return must take place without delay, and no later than within 14 days. The purchased goods must be returned to the following address: Meester Group Sp. z o.o., with its registered office in Poznań, ul. 42 Kotowo, 60-009.

The direct costs of returning the goods, arising from the exercise of this right, shall be borne by the Consumer, unless the Shop has agreed to bear them or has failed to inform the Consumer of their right to withdraw from the contract.

Should the Customer withdraw from the contract, the Shop will refund the price of the product within 14 days of receiving the Customer’s notice of withdrawal. The refund will be paid into the bank account specified by the Customer. The Shop will issue a written confirmation of the refund.

The customer is obliged to return the goods no later than 14 days from the date on which they withdrew from the contract, unless the trader has offered to collect the goods themselves. To meet the deadline, it is sufficient to post the goods back before the deadline expires.

A template for a notice of withdrawal from the contract is available on the Shop’s website and is sent in the email confirming the order.

In the case of a Product constituting a service, the performance of which – at the Consumer’s express request – commenced before the expiry of the withdrawal period, a Consumer who exercises their right to withdraw from the contract after making such a request shall be obliged to pay for the services provided up to the time of withdrawal. The amount payable shall be calculated in proportion to the extent of the services provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

The additional rules set out below apply where the product is digital content or a digital service; in all other respects not covered below, the remaining provisions of points 1 to 7 shall apply. The right to return digital content is excluded where:

The consumer is informed that, in the event of purchasing digital content from the Shop (not stored on a durable medium) – i.e. content downloaded directly from the website – the consumer is entitled to withdraw from the contract only if they have NOT begun to use it.

A consumer who has downloaded digital content loses the right of withdrawal if:

The shop began providing the service, with the Consumer’s prior consent, before the expiry of the withdrawal period,

The consumer has acknowledged the information regarding the loss of the right to withdraw from contracts,

The consumer received a copy of the terms and conditions.

In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service – the Consumer is obliged to cease using that digital content or digital service and to stop making it available to third parties.

The Customer is not entitled to withdraw from a distance contract in the following circumstances:

goods with characteristics specified by the consumer in the order placed by them or closely related to them;

a service where the subject matter is an item that spoils quickly or has a short shelf life;

services where the subject matter is an item supplied in sealed packaging which, once the packaging has been opened, cannot be returned for health or hygiene reasons, provided that the packaging was opened after delivery;

supplies of goods which, by their nature, become inseparably incorporated into other goods upon delivery;

services that are specifically tailored to the individual needs of the customer.

X. The Consumer’s Right to Make a Complaint

This chapter applies exclusively to Customers who are Consumers.

The products offered in the Shop are covered by a 24-month warranty from the seller in the event of the goods not complying with the contract.

PLEASE NOTE! The Seller shall not be liable for any lack of conformity of the goods with the Contract of Sale if the Consumer, at the latest at the time of concluding the Contract of Sale, was expressly informed that a specific characteristic of the goods deviates from the requirements of conformity with the contract and expressly and separately accepted the absence of that specific characteristic of the goods.

A complaint based on the seller’s liability for the goods’ non-conformity with the contract should be submitted to, amongst others:

Meester Group Sp. z o.o., with its registered office in Poznań, ul. Wagrowska 2, 61-369

Email: sklep@markadler.pl

The complaint should include a detailed description of the nature of the non-conformity, the date on which it occurred, the Customer’s request, the order number and contact details, as this will facilitate the complaints procedure.

The shop will deal with complaints without delay, and no later than 14 days after receiving a complaint submitted by the customer.

If no information is provided regarding how the complaint has been dealt with within the time limit specified in point 4, the complaint shall be deemed to have been resolved in the Customer’s favour.

In the event of a valid complaint:

The customer may request, in the following order:

to bring the product into conformity with the contract by repairing it free of charge or replacing it with a new one,

Subsequently, if the breach of contract is material or if repair or replacement would be disproportionately expensive, the Shop or the Consumer may demand:

a price reduction or

It is only possible to withdraw from the contract in the event of a material breach of contract.

A response to the complaint is sent to the email address or postal address provided by the Customer.

The consumer shall not bear any costs associated with a complaint regarding goods that do not comply with the contract. When lodging a complaint, the consumer shall make the goods subject to repair or replacement available to the seller. The seller is obliged to collect the goods at their own expense and shall also bear the costs of repair or replacement, including, in particular, the costs of postage, transport, labour and materials. In the event of withdrawal from the contract, the consumer shall return the goods to the seller at the seller’s expense.

A sample complaints form can be found on the order page and is attached to the email sent upon order confirmation.

XI. Rules governing the processing of Buyers’ personal data

The detailed rules governing the processing of personal data relating to Buyers – natural persons – are set out in the ‘Privacy Policy’, which forms Annex 2 to these Terms and Conditions.

XII. Reviews

Customers can post reviews on the website www.markadler.pl/outlet. A review of a product may only be submitted by the person who purchased that product.

When posting a review, the customer is obliged to act in accordance with the law, these Terms and Conditions and accepted standards of behaviour.

A review is published on the shop’s website once it has been approved and accepted by the Shop. The Shop publishes both positive and negative reviews; however, it will not publish reviews that:

are published by someone other than a Customer of the Shop,

contain unlawful content, i.e. content relating to acts constituting unfair competition, or acts infringing personal rights, intellectual property rights or other rights of the Seller or third parties

contain swear words

The opinion should be written in Polish.

The shop may contact the person who wrote the review to verify whether they are a customer of the shop and whether they have actually used the product purchased at www.markadler.pl/outlet.

It is prohibited to enter into fictitious or sham Sales Agreements for the purpose of posting reviews of a Product.

The shop does not publish, nor does it commission the publication of, false reviews or recommendations for the purpose of promoting its products.

XIII. Miscellaneous

The terms and conditions are available at: www.markadler.pl/outlet.

The customer may read and download the Terms and Conditions onto their Device, and may also print a copy of the document.

The law applicable to relations with Businesses and Consumers is European law and the law of the Republic of Poland. If the provisions in force in the consumer’s country are more favourable to them, and those provisions cannot be excluded by agreement, they shall apply to this contract.

If the purchaser is a Consumer, any disputes arising under these Terms and Conditions or the sales contracts may be resolved through negotiation and, in the absence of an agreement, through mediation.

Both the Consumer and the Trader have the option of resolving complaints and pursuing claims out of court (i.e. through mediation). The Consumer may use online dispute resolution, for example via the EU’s Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/

In the event of a failure to reach an agreement through negotiation or mediation with a buyer acting as a Consumer, the competent court shall be determined in accordance with Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

If the purchaser is a business, any disputes arising under these Terms and Conditions or the sales contracts shall be settled amicably through negotiation or mediation.

In the event of a dispute, where the purchaser is a business, the law applicable to the contract of sale shall be Polish law, in accordance with the location of the Owner’s registered office.