Terms and Conditions

§ 1. GENERAL PROVISIONS

1. The www.markadler.pl shop operates in accordance with the terms and conditions set out in these Terms and Conditions.

2. These Terms and Conditions set out the terms for concluding and terminating Product Sales Agreements and the complaints procedure, as well as the types and scope of services provided electronically by the www.markadler.pl online shop, the rules governing the provision of these services, and the terms and conditions for entering into and terminating contracts for the provision of services by electronic means.

3. Every Customer is obliged to comply with the provisions of these Terms and Conditions from the moment they take steps to use the Electronic Services of the www.markadler.pl online shop.

4. In matters not covered by these Rules, the following provisions shall apply:

1. the Act on the Provision of Electronic Services of 18 July 2002,

2. the Consumer Rights Act of 30 May 2014,

3. the Act on the Out-of-Court Resolution of Consumer Disputes of 23 September 2016,

4. the Civil Code Act of 23 April 1964

5. and other relevant provisions of Polish law.

§ 2. DEFINITIONS CONTAINED IN THE RULES AND REGULATIONS

1. TERMS AND CONDITIONS - these Terms and Conditions of the Shop.

2. SHOP - The Service Provider’s online shop, accessible at www.markadler.pl

3. SERVICE ELECTRONIC – a service provided electronically by the Service Provider to the Customer via the Shop.

4. CONTACT FORM - a form available on the website www.markadler.pl, which allows you to send a message to the Service Provider.

5. FORM REGISTRATION – the form available on the website www.markadler.pl, which allows you to create an account.

6. ACCOUNT – a collection of resources within the Service Provider’s ICT system, identified by a unique username (login) and password, in which the Service User’s data is stored, including information on Orders placed.

7. FORM ORDERS – the form available on the website www.markadler.pl, which enables you to place an Order.

8. FEEDBACK SYSTEM - An electronic service made available to Customers by the Service Provider, enabling them to post reviews of Products.

9. NEWSLETTER – An electronic service enabling the Customer to subscribe to and receive, at the email address provided by the Customer, free information from the Seller regarding the Products available in the Shop.

10. BLOG – An electronic service enabling users to view articles published by the Service Provider.

11. SEARCH ENGINE - An electronic service made available to Customers by the Service Provider, enabling them to search for specific Products based on the criteria provided by the Customer.

12. SALES ASSISTANT, SERVICE PROVIDER – MEESTER GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered in the Register of Entrepreneurs by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number: 0000718471, share capital: 1,000,000.00 PLN, place of business and address for service: ul. Wagrowska 2, 61-369 Poznań, Tax Identification Number (NIP): 7822769523, REGON: 368932069, email address: sklep@markadler.pl, telephone number: +48 61 635 05 04.

13. SERVICE USER – a natural person, a legal person or an organisational unit without legal personality to which the Act grants legal capacity and which uses the Electronic Service.

14. CUSTOMER – A customer who intends to enter into, or has entered into, a Sales Agreement with the Seller.

15. CONSUMER – a natural person who enters into a legal transaction with a business that is not directly related to their business or professional activities.

16. ENTREPRENEUR - a natural person, a legal person or an organisational unit that is not a legal person but is granted legal capacity by law, carrying out business or professional activities in their own name.

17. PRODUCT – a movable item or service available in the Shop, which is the subject of the Contract of Sale between the Customer and the Seller.

18. AGREEMENT SALES – Product Sales Agreement concluded between the Customer and the Seller via the Shop.

19. ORDER - a declaration of intent by the Customer constituting an offer to enter into a Product Sale Agreement with the Seller.

20. PRICE – the amount, expressed in monetary units, which the Customer is obliged to pay to the Seller for the Product.

§ 3. INFORMATION REGARDING PRODUCTS AND HOW TO ORDER THEM

1. The shop www.markadler.pl sells products online. 

2. The products offered in the Shop comply with the contract and have been lawfully placed on the Polish market.

3. The information contained on the Shop’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product on the terms set out in its description.

4. The product price shown on the Shop’s website is quoted in Polish zlotys (PLN) and includes all charges, including VAT. The price does not include delivery costs.

5. The price of the Product displayed on the Shop’s website is binding at the time the Customer places an Order. This price will not change, regardless of any price changes in the Shop that may occur in relation to individual Products after the Customer has placed an Order.

6. The Seller clearly informs Customers of unit prices, as well as promotions and price reductions on Products. Alongside information about a price reduction on a Product, the Seller shall display the lowest Price for that Product which was in force during the 30-day period prior to the introduction of the reduction; and if the Product has been on sale for less than 30 days – the Seller shall display the lowest price for that Product which was in force during the period from the date on which the Product was first offered for sale until the date the price reduction was introduced.

7. Orders can be placed via the website using the Order Form (Shop www.markadler.pl) – 24 hours a day, all year round.

8. The Customer is not required to register an account with the Shop in order to place an Order.

9. In order for a Customer to place an Order in the Shop, they must read the Terms and Conditions and accept their provisions at the time of placing the Order.

10. The Shop processes orders placed from Monday to Friday during the Shop’s opening hours, i.e. from 08:00 to 16:00 on working days. Orders placed on working days after 16:00, as well as on Saturdays, Sundays and public holidays, will be processed on the next working day.

11. Products on special offer (in the sale) are available in limited quantities, and orders for them will be processed in the order in which they are received until stocks of the relevant product are exhausted.

§ 4. CONCLUSION OF THE SALES AGREEMENT

1. In order for the Sales Agreement to be concluded, the Customer must first place an Order using the methods provided by the Seller, in accordance with § 3(7) and (9) of the Terms and Conditions.

2. Once an Order has been placed, the Seller shall confirm receipt of it without delay.

3. Confirmation of the acceptance of the Order referred to in point 2 of this paragraph binds the Customer to that Order. Confirmation of receipt of the Order is provided by email.

4. The confirmation of receipt of the Order includes:

1. confirmation of all the key elements of the Order,

2. contract withdrawal form,

3. these Terms and Conditions, which include information on the right to withdraw from the contract.

5. Upon the Customer’s receipt of the email referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.

6. Each Sales Agreement will be confirmed by a proof of purchase (VAT invoice), which may be enclosed with the Product or sent to the Customer electronically to the email address provided in the Order Form. In the case of Customers who are Business Users, VAT invoices are issued – in cases provided for by the applicable tax legislation – in the form of structured invoices via the National e-Invoice System (KSeF) and are deemed to have been delivered in accordance with the law. A Customer who is a business is obliged to provide correct invoicing details no later than at the time of placing the Order.

§ 5. METHODS OF PAYMENT

1. The seller offers the following payment methods:

1. payment via the electronic payment system (tpay), Google Pay, Apple Pay,

2. payment on delivery to the supplier, i.e. cash on delivery,

3. Payment in instalments via Pekao.

2. In the case of payment via an electronic payment system, the Customer makes the payment before the Order is processed. The electronic payment system allows payment to be made by credit card or by instant bank transfer from selected Polish and foreign banks.

3. In the case of cash on delivery, the parcel is dispatched once the address details have been verified. The customer is required to pay for the Order and collect the Product from the delivery driver.

4. Payment by instalments involves dividing the Price into appropriate (equal) instalments, which the Customer will pay at agreed intervals.

5. The customer is obliged to pay the price under the Sales Contract within 4 working days of the date of its conclusion, unless the Sales Contract provides otherwise.

6. If you choose the payment methods described in points 1.1 and 1.2 of this paragraph, the Product will only be dispatched once payment has been received.

§ 6. COST, DELIVERY DATE AND METHODS OF DELIVERY OF THE PRODUCT

1. The delivery costs for the Product, which are borne by the Customer, are determined during the Order placement process and depend on the chosen payment method and delivery method for the purchased Product.

2. The delivery time for the Product comprises the time taken to prepare the Product and the time taken for the carrier to deliver it:

1. Products are dispatched within 1 working day from the moment:

1. the recording of cash paid under the Sales Agreement in the Seller’s account

2. or the transaction being authorised by an electronic payment system

3. or the Seller’s acceptance of the Order for fulfilment where cash on delivery has been selected as the payment method

4. or upon receipt by the Seller of information from the bank confirming that the Customer’s application for payment by instalments has been approved.

2. Delivery of Products constituting movable property by the carrier takes place within the timeframe declared by the carrier, i.e. within 1 working day from the time the parcel is dispatched (delivery takes place exclusively on working days, excluding Saturdays, Sundays and public holidays).

3. Products purchased from the Shop are dispatched via a courier service.

§ 7. PRODUCT COMPLAINTS

1. Warranty claim.

1. All products offered in the Shop are covered by a warranty (from the manufacturer or retailer) valid within the Republic of Poland,

2. The warranty period for the Products is 24 months and is calculated from the date of delivery of the Product to the Customer,

3. The document entitling the holder to warranty cover is the warranty card or proof of purchase,

4. the guarantor’s details, detailed information on the goods covered by the guarantee, details regarding the duration and terms of the guarantee, as well as the Customer’s rights under the guarantee – are set out in the guarantee certificate enclosed with the Product or available on the Shop’s website,

5. The warranty does not exclude the rights of the Consumer and the entity referred to in § 10 of the Terms and Conditions arising from the Product’s non-conformity with the Sales Contract, as set out in the Consumer Rights Act, to which the Consumer and the entity referred to in § 10 are entitled by law.

2. A complaint regarding the Product’s non-conformity with the contract.

1. The basis and scope of the Seller’s liability towards a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, arising from the Product’s non-conformity with the contract, are set out in the Consumer Rights Act of 30 May 2014,

2. The basis and scope of the Seller’s liability towards a Customer who is an entrepreneur, as referred to in § 9, under the warranty are set out in the Civil Code of 23 April 1964, 

3. The Seller shall be liable to the Customer, whether a Consumer or an entity referred to in § 10 of the Terms and Conditions, for any lack of conformity of the Product with the contract existing at the time of delivery of the Product and becoming apparent within 2 years of that time, unless the Product’s shelf life specified by the Seller or persons acting on its behalf is longer,

4. Notifications regarding the Product’s non-conformity with the contract and the submission of a relevant claim may be made by email to the following address: sklep@markadler.pl or in writing to the following address: 42 Kotowo Street, 60-009 Poznań,

5. In the above notification, whether in writing or by electronic means, please provide as much information and detail as possible regarding the subject of the complaint, in particular the nature and date of the issue, as well as your contact details. The information provided will significantly facilitate and expedite the Seller’s handling of the complaint,

6. In order to assess any defects or non-conformity of the Product with the contract, the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at its own expense,

7. The Seller shall respond to the Customer’s request without delay, and no later than 14 days from the date of receipt,

8. in the event of a complaint lodged by a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions – failure to consider the complaint within 14 days of its submission shall be deemed to constitute acceptance of the complaint,

9. A Customer who is a Consumer or an entity referred to in § 10 may, as a first course of action, request that the Seller replace or repair the Product. The Customer may demand a price reduction or withdrawal from the contract only in the cases specified in the Consumer Rights Act of 30 May 2014. (including, amongst other things, where the goods’ non-conformity with the contract is significant, where the Seller has refused to bring the goods into conformity with the contract, or where the goods’ non-conformity with the contract persists despite the Seller having already attempted to bring them into conformity with the contract),

10. In the event of a valid complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller shall, as appropriate:

1. covers the costs of repair or replacement and of redelivering the Product to the Customer,

2. reduces the price of the Product (the reduced Price must be in proportion to the Price of the goods in conformity with the contract compared to the goods not in conformity with the contract) and shall refund the value of the reduced Price to the Consumer or the entity referred to in § 10 no later than 14 days after receiving a notice of the Price reduction from the Consumer or the entity referred to in § 10,

3. In the event of withdrawal from the contract by the Consumer or the entity referred to in § 10, the Seller shall refund the Product Price to them no later than 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 10 is obliged to return the goods to the Seller without delay at the Seller’s expense,

11. The response to a complaint is provided on paper or another durable medium, e.g. by email or text message.

§ 8. RIGHT TO WITHDRAW FROM THE CONTRACT

1. Subject to paragraph 10 Under this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions, and who has concluded a distance contract, may withdraw from it without giving any reason by submitting an appropriate statement within 30 days. To meet this deadline, it is sufficient to send the notice of withdrawal provided by the Shop. 

2. In the event of withdrawal from the contract, the Sales Contract shall be deemed not to have been concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions shall be obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it without delay, but no later than 30 from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to post the Product back before the deadline expires.

3. In the event of withdrawal from the Sales Contract, the Product must be returned to the following address: 42 Kotowo Street, 60-009 Poznań.

4. The consumer or the entity referred to in § 10 of the Terms and Conditions shall be liable for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 of the manner and time limit for exercising the right to withdraw from the contract, and has also failed to provide them with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and examine the Products only in the same way as they would in a high-street shop.

5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the delivery costs using the same method of payment as that used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions has expressly agreed to a different method of refund which does not entail any costs for them. Subject to point 7 of this paragraph, the refund shall be made without undue delay, and at the latest within 14 days of the Seller receiving the notice of withdrawal from the Contract of Sale.

6. If the Consumer or the entity referred to in § 10 of the Terms and Conditions has chosen a method of delivery for the Product other than the cheapest standard delivery method offered by the Shop, the Seller is not obliged to reimburse them for the additional costs incurred.

7. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Terms and Conditions, it may withhold the refund of payments received from the Consumer until the goods have been returned or until the Consumer or the entity referred to in § 10 of the Terms and Conditions has provided proof of their return, whichever occurs first.

8. A consumer or the entity referred to in § 10 of the Terms and Conditions who withdraws from the Sales Contract, in accordance with point 1 of this paragraph, shall bear only the costs of returning the Product to the Seller.

9. The 30-day period within which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract is calculated as follows:

1. in respect of a contract under which the Seller delivers the Product whilst being obliged to transfer ownership thereof - from the date on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party designated by them, other than the carrier) took possession of the Product,

2. for a contract covering multiple Products that are supplied separately, in batches or in parts – from the date on which the last Product, batch or part comes into the customer’s possession,

3. for a contract involving the regular supply of a Product for a fixed period – from the date on which the first Product is taken into possession,

4. for all other contracts – from the date the contract is concluded.

10. The right to withdraw from a distance contract does not apply to a Consumer or to the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Contract:

1. where the subject matter of the supply is a non-prefabricated good, manufactured to the consumer’s specifications or intended to meet their individual needs,

2. where the subject of the supply is goods delivered in sealed packaging which, once opened, cannot be returned on health or hygiene grounds, if the packaging was opened after delivery,

3. in which the subject of the supply is goods which, upon delivery, by virtue of their nature, become inseparably incorporated into other items,

4. for the provision of services for which the Consumer is obliged to pay a price, if the trader has fully performed the service with the Consumer’s express and prior consent, and the Consumer was informed before the service began that, once the trader had performed the service, they would lose the right to withdraw from the contract, and acknowledged this,

5. where the subject of the supply is goods that are perishable or have a short shelf life.

11. Both the Seller and the Customer are entitled to withdraw from the Sales Contract in the event that the other party fails to fulfil its obligation within a strictly specified time limit.

§ 9. PROVISIONS RELATING TO BUSINESSES (B2B)

1. This paragraph contains provisions relating solely to traders who are not covered by the protection afforded by the Consumer Rights Act, as referred to in § 10 of the Terms and Conditions.

2. The Seller is entitled to withdraw from a Sales Contract concluded with a Customer who is not a Consumer within 30 working days of the date on which it was concluded. In this case, withdrawal from the Sales Contract may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

3. The Seller is entitled to restrict the payment methods it offers to Customers who are not Consumers, including requiring prepayment of part or all of the sale price, regardless of the payment method chosen by the Customer and whether a Contract of Sale has been concluded.

4. The benefits and risks associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer (who is not a Consumer) upon the Seller’s handover of the Product to the carrier. In such cases, the Seller shall not be liable for any loss, shortage or damage to the Product occurring from the moment the Product is accepted for carriage until it is delivered to the Customer, nor for any delay in the carriage of the consignment.

5. Where a Product is dispatched to a Customer via a carrier, a Customer who is not a Consumer is obliged to inspect the consignment within the timeframe and in the manner customary for consignments of this kind. If they find that the Product has been lost or damaged during transit, they are obliged to take all necessary steps to establish the carrier’s liability.

6. The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without giving reasons by sending a notice of termination to the Service User who is not a Consumer.

§ 10. PROVISIONS CONCERNING ENTREPRENEURS ACTING AS CONSUMERS

1. An entrepreneur operating a sole trader business (this paragraph does not apply to commercial companies) is covered by the protection provided for under the Consumer Rights Act, provided that the contract they enter into with the Seller is directly related to their business activity, but it is apparent from the content of that contract that it is not of a professional nature for them, arising in particular from the nature of their business activity.

2. A person carrying on a business, as referred to in point 1 of this paragraph, is covered only in respect of:

1. unlawful contractual provisions,

2. liability arising from the Product’s non-conformity with the contract,

3. the right to withdraw from a distance contract,

4. rules governing contracts for the supply of digital content or digital services.

3. The trader referred to in point 1 of this paragraph loses their consumer protection rights if the Sales Contract they have concluded with the Seller is of a commercial nature, which is verified on the basis of that trader’s entry in the Central Register and Information System on Business Activity of the Republic of Poland, in particular the codes of the Polish Classification of Economic Activities specified therein.

4. The traders referred to in point 1 of this paragraph are not covered by the institutional protection afforded to consumers by district consumer ombudsmen or by the President of the Office of Competition and Consumer Protection (UOKiK).

§ 11. TYPE AND SCOPE OF ELECTRONIC SERVICES

1. Through the Shop, the Service Provider enables users to access Electronic Services such as:

1. concluding Product Sales Agreements,

2. maintaining an Account in the Shop,

3. Feedback System,

4. Newsletter,

5. sending a message via the Contact Form,

6. Blog,

7. Search engine.

2. The provision of electronic services to customers in the Shop is subject to the terms and conditions set out in the Terms and Conditions.

3. The Service Provider is entitled to publish advertising content on the Shop’s website. This content forms an integral part of the Shop and the materials presented therein.

§ 12. TERMS AND CONDITIONS FOR THE PROVISION OF AND THE CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. The provision of the Electronic Services specified in § 11(1) of the Terms and Conditions by the Service Provider is free of charge.

2. The term for which the contract is concluded:

1. The contract for the provision of an Electronic Service consisting of enabling the placing of an Order in the Shop is concluded for a fixed term and is terminated upon the placing of an Order or when the Service User ceases to place Orders,

2. The contract for the provision of an Electronic Service consisting of the maintenance of an Account in the Shop is concluded for an indefinite period. The contract is concluded when the Service User submits the completed Registration Form,

3. The contract for the provision of an Electronic Service consisting of the use of the Review System is concluded for a fixed term and is terminated upon the posting of a review or when the Service User ceases to use the Service,

4. The contract for the provision of an Electronic Service consisting of the use of the Newsletter is concluded for an indefinite period,

5. The contract for the provision of an electronic service consisting of enabling the sending of messages to the Service Provider via the Contact Form is concluded for a fixed term and terminates upon the sending of a message or upon the Service User ceasing to send messages,

6. The contract for the provision of an electronic service consisting of the use of the Blog on the Website is concluded for a fixed term and is terminated upon leaving the ‘Blog’ tab,

7. The contract for the provision of an Electronic Service consisting of the use of the Search Engine is concluded for a fixed term and shall terminate upon the Service User ceasing to use the Service.

3. Technical requirements necessary for interoperability with the ICT system used by the Service Provider:

1. a computer (or mobile device) with internet access,

2. access to email,

3. web browser,

4. Enabling cookies and JavaScript in your web browser.

4. The Customer is obliged to use the Shop in a manner consistent with the law and public decency, whilst respecting the personal rights and intellectual property rights of third parties.

5. The customer is obliged to provide information that is true and accurate.

6. The service user is prohibited from providing unlawful content.

§ 13. COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES

1. The Customer may submit complaints relating to the provision of Electronic Services via the Shop by email to the following address: sklep@markadler.pl

2. In the email above, please provide as much information and detail as possible regarding the subject of the complaint, in particular the nature and date of the issue, as well as your contact details. The information provided will significantly facilitate and speed up the Service Provider’s handling of the complaint.

3. The Service Provider shall consider the complaint without delay, and no later than 14 days from the date it is lodged.

4. The Service Provider’s response to the complaint is sent to the Service User’s email address provided in the complaint form or by any other means specified by the Service User.

§ 14. TERMS AND CONDITIONS FOR THE TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. Termination of the contract for the provision of an electronic service:

1. A contract for the provision of an ongoing, open-ended electronic service (account management, newsletter) may be terminated,

2. The customer may terminate the contract with immediate effect and without giving any reason by sending a statement to that effect by email to the following address: sklep@markadler.pl or by deleting the Account,

3. The Service Provider may terminate a contract for the provision of an electronic service of a continuous and indefinite nature in the event that the Service User breaches the Terms and Conditions, in particular where they provide unlawful content following an unsuccessful prior request to cease such breaches, setting a reasonable deadline. In such a case, the contract shall expire 7 days after the date on which the notice of termination is given (the notice period),

4. Termination results in the legal relationship ceasing to exist with effect from the future.

2. The Service Provider and the Service Recipient may terminate the contract for the provision of the Electronic Service at any time by mutual agreement.

§ 15. INTELLECTUAL PROPERTY

1. All content published on the website at www.markadler.pl is protected by copyright and (subject to § 15( 3 and content posted by Service Users, used under licence, by way of the transfer of economic copyright or under fair use) are the property of MEESTER GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered in the Register of Entrepreneurs by the POZNAŃ – NOWE MIASTO I WILDA DISTRICT COURT in Poznań, 8th Commercial Division of the National Court Register under KRS number: 0000718471, place of business and address for service: ul. Wagrowska 2, 61-369 Poznań, Tax Identification Number (NIP): 7822769523, National Business Registry Number (REGON): 368932069. The Service User bears full liability for any damage caused to the Service Provider arising from the use of any content on the website www.markadler.pl without the Service Provider’s consent.

2. Any use by any person, without the Service Provider’s express written consent, of any of the elements constituting the content of the website www.markadler.pl constitutes an infringement of the Service Provider’s copyright and will result in civil and criminal liability.

3. All trade names, product names, company names and their logos used on the Shop’s website at www.markadler.pl belong to their respective owners and are used solely for identification purposes. They may be registered trade marks. All materials, descriptions and photographs presented on the Shop’s website at www.markadler.pl are used for information purposes only.

§ 16. LIABILITY

1. The Service Provider designates a point of contact within the meaning of the Digital Services Act (DSA) at its registered office and at the email address referred to in § 2 of these Terms and Conditions.

2. It is not permitted to post unlawful content via the Shop (through comments, reviews, etc.), nor is it permitted to post content that:

1. not related to the Shop’s subject matter,

2. which unjustifiably damage the Service Provider’s reputation,

3. containing words generally regarded as obscene,

4. which promote activities that compete with those of the Service Provider.

3. In the event of the publication of the content referred to in point 2, the Service Provider has the option to moderate it (refusing to publish content, demoting content, removing content, preventing access to content, restricting or disabling the monetisation of content, suspending or closing a user’s account, or suspending or terminating the provision of the service to the user).

4. In the event that content published by Service Users is automatically moderated by means of an algorithm, Service Users retain the right to appeal against the Service Provider’s decision. Appeals may be lodged via the following email address: sklep@markadler.pl. When lodging an appeal, you must briefly describe the facts of the case and set out the grounds for the appeal. The service provider will consider the appeal in accordance with the provisions of the Digital Services Act within 14 days.

5. A customer who identifies a breach of the rules set out in this paragraph may report any unauthorised content published on the Shop via the following email address: sklep@markadler.pl.

6. The notification referred to in point 5 must include the following elements:

1.  a sufficiently reasoned explanation of the grounds on which the Service User alleges that the relevant information constitutes unlawful content;

2. clear indication by the Service User of the precise electronic location of the information, such as the exact URL or URLs and, where applicable, additional information enabling the identification of unlawful content, in accordance with the nature of the content and the specific type of hosting service;

3. the full name and email address of the Service User making the report, except in the case of a report concerning information deemed to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU;

4. a statement confirming the reporting Service User’s belief, held in good faith, that the information and allegations contained therein are accurate and complete.

7. The service provider shall acknowledge receipt of the notification referred to in point 5 of this paragraph and shall inform the customer of the outcome of the assessment – whether positive or negative – without undue delay.

8. If the report referred to in point 5 is deemed valid, the Service Provider shall, where possible, inform the Service User responsible for the infringement that the content they published has been moderated, together with the required justification.

9. Where the Service Provider becomes aware of any information giving rise to a suspicion that a criminal offence has been committed, is being committed or may be committed which threatens the life or safety of a person or persons, it shall immediately report its suspicions to the law enforcement or judicial authorities, providing a justification for its suspicions and passing on the information known to it.

10. The Service Provider shall inform Service Users of any significant changes to the Terms and Conditions.

11. Customers bear full responsibility for any breach of the law or damage caused by their actions within the Shop, in particular by providing false details, disclosing confidential information or other secrets protected by law, infringing personal rights or copyright and related rights, as well as the processing of Service Users’ personal data in a manner inconsistent with the Shop’s purposes or in breach of the provisions of the Personal Data Protection Act.

12. The Service Provider undertakes, as far as possible, to inform Service Users in advance of any potential disruptions to the Shop’s operation, in particular any interruptions to access.

13. The Service Provider makes every effort to ensure that the Shop operates correctly in formal and legal terms.

14. The service provider will take into account any changes to the law and update the Shop in line with those changes.

15. The Service Provider will carry out updates to the Shop system without incurring any additional costs for Service Users.

16. The Service Provider takes all necessary measures to protect Service Users’ data.

17. The Service Provider shall not be liable to Service Users who are Business Users:

1. for any damage or loss, whether direct or indirect (including damage arising from loss of business profits, business interruptions or loss of commercial information, and other financial losses), arising from the use, inability to use or malfunction of the Shop’s software, or damages resulting from the shutdown or failure of an IT system or a power failure,

2. in connection with the improper use of the Shop by a Service User who is not a Consumer, and the malfunctioning of computer hardware, software or the communications system through which the Service User connects to the Shop’s system,

3. for any damage arising as a result of errors, malfunctions or interruptions in the operation of the Shop, or caused by the incorrect recording or reading of data collected by Service Users,

4. for any disruption to the proper functioning of the Shop, as well as for the loss of data relating to Service Users who are not Consumers, arising as a result of force majeure or the actions of third parties,

5. for the actions of third parties involving the use of data and materials published on the Shop in a manner contrary to generally applicable law or these Terms and Conditions,

6. for any inability to log in to the Shop’s system caused, in particular, by: the quality of the connection, a failure of the IT system or the power supply network, or incorrect software configuration on the part of Service Users who are not Consumers,

7. for any consequences arising from the loss of your password.

18. The customer is liable for providing an email address to which they do not have access, in particular an incorrect address or one belonging to another party.

§ 17. FINAL PROVISIONS

1. Contracts concluded via the Shop are governed by Polish law.

2. In the event that any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the disputed provision of these Terms and Conditions.

3. Any disputes arising from Sales Agreements between the Shop and Customers shall first be resolved through negotiation, with a view to reaching an amicable settlement, in accordance with the Act on Out-of-Court Settlement of Consumer Disputes. However, if this proves impossible, or is unsatisfactory to either party, disputes shall be settled by the competent ordinary court, in accordance with point 4 of this paragraph.

4. Resolution of disputes through the courts:

1. Any disputes arising between the Service Provider and the Service Recipient (the Customer) who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions shall be subject to the jurisdiction of the courts competent in accordance with the provisions of the Code of Civil Procedure of 17 November 1964,

2. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer, as referred to in § 9 of the Terms and Conditions, shall be referred to the court with jurisdiction over the Service Provider’s registered office.

5. A Customer who is a Consumer is also entitled to make use of out-of-court dispute resolution procedures, in particular by submitting, following the conclusion of the complaints procedure, a request to initiate mediation or a request for the matter to be heard by an arbitration tribunal (the application form can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating under the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Consumers may also seek free assistance from the district (municipal) consumer ombudsman or a voluntary organisation whose statutory remit includes consumer protection. Out-of-court redress following the conclusion of a complaints procedure is free of charge.

6. A Customer who is a Consumer may make use of European ADR bodies dealing with out-of-court dispute resolution. This option is provided, amongst others, by: https://adrcenter.com/solve/. Customers can find further information on alternative dispute resolution on the website: https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/index_pl.htm.

Make the perfect choice, avoid costs

We want your new pouffe to be a source of joy, not a logistical challenge. Due to our unique packaging technology, please make a well-considered purchase decision.

What should you know before buying?

The magic of vacuum packing: we vacuum-pack our pouffes so that they reach you quickly and in a compact form.
The ‘wow’ effect: once unpacked, the pouffe expands to reach its full, large size.
A difficult return: once the furniture has taken its final shape, it cannot be compressed again at home. This means that any return requires non-standard or palletised shipping, which involves a high cost (up to several hundred zlotys), to be borne by the buyer.

Our tip: check the dimensions carefully before placing your order. This will save you the hassle of paperwork and spare the environment from unnecessary transport.

Any doubts? Drop us a line – we’ll help you choose the perfect pouffe to last you for years to come!

 REVIEWS ON THE ONLINE SHOP

Customers of the Online Shop may, of their own accord and free of charge, submit a review regarding purchases made in the Online Shop. A review may also take the form of a rating, a photograph or a review of a product purchased from the Online Shop.

After making a purchase in the Online Shop, the Seller provides the data necessary to create an email invitation to the company handling the survey process. The sending of surveys and the process of collecting feedback via the forms is handled entirely by TrustMate SA, with its registered office at Bartoszowicka 3, 51-641 Wrocław. TrustMate SA sends the Customer an email requesting a review, along with a link to an online form enabling them to submit it – the online form allows the Customer to answer the Seller’s questions regarding their purchases, rate them, add their own description of the feedback, and upload a photo of the purchased product. If a review is not submitted following receipt of the first invitation to submit a review, TrustMate may resend the invitation.

A review may only be posted by a Customer who has made a purchase from the Seller’s Online Shop.

Reviews submitted by the Customer are published by the Seller on the Online Shop and on the TrustMate.io profile page.

The submission of a review must not be used by the Customer for unlawful purposes, in particular for acts constituting unfair competition against the Seller, or for acts infringing the personal rights, intellectual property rights or other rights of the Seller or third parties.

A review may only be posted for products that have actually been purchased from the Seller’s Online Shop. It is prohibited to enter into fictitious or sham sales contracts for the purpose of posting a review. Furthermore, the Seller itself or its employees, regardless of their basis of employment, may not be the authors of such reviews.

A review posted may be deleted by its author at any time.