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TERMS AND CONDITIONS OF THE MARTOM SP. Z O.O. ONLINE SHOP
effective from 1 January 2023

  1. DEFINITIONS
  2. Online shop – the online shop available at: www.martom-hurtownia.com, operated by the Seller.
  3. Terms and Conditions– these Terms and Conditions of the Online Shop, referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2019, items 123, 730).
  4. Seller- Martom sp. z o.o. with its registered office in Świdnica at ul. Paskowa 10, e-mail address: [email protected]
  5. Buyer – a Consumer or Entrepreneur using services provided electronically by the Seller as part of the Online Shop (including, in particular, by creating an Account) or concluding a Sales Agreement with the Seller.
  6. Consumer – a consumer within the meaning of Article 221 of the Civil Code, i.e. a natural person with full legal capacity or – in cases provided for by law – limited legal capacity, concluding a Sales Agreement with the Seller or using services provided electronically by the Seller in a scope not directly related to their business or professional activity.
  7. Entrepreneur - means a natural person concluding an agreement directly related to their business activity, where the content of that agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
  8. Registration Form– a form available in the Online Shop that allows an Account to be created.
  9. Account– a set of resources in the Seller’s ICT system, marked with an individual name (username) and password assigned to the Buyer, in which the Buyer’s data is collected, including in particular information about placed Orders, the creation of which requires the Buyer to complete the Registration Form.
  10. Order Form– a form available in the Online Shop that enables the Buyer to place an Order and have it processed after creating an Account, as well as without the need to create one.
  11. Order– the Buyer’s declaration of intent constituting an offer to conclude a Sales Agreement with the Seller.
  12. Sales Agreement– a sales agreement within the meaning of the provisions of the Civil Code, concluded remotely between the Seller and the Buyer via the Online Shop, in Polish, concerning the purchase of Products.
  13. Basket– a tool enabling the Buyer to select chosen Products before purchasing them and to calculate their value, whereby when selecting Products, the Buyer may freely manage the contents of the Basket by adding Products to it or removing Products from it.
  14. Product – a movable item available in the Online Shop, which is the subject of the Sales Agreement.
  15. Statutory warranty for physical defects of goods is replaced by the words “non-conformity of the sold goods with the contract”.
  16. Proof of Purchase– a receipt or VAT invoice issued by the Seller and confirming the conclusion of the Sales Agreement.
  17. Promotion – a price discount strictly limited in time for selected Products that may be the subject of the Sales Agreement, or another benefit provided to the Buyer in connection with the conclusion of the Sales Agreement or the creation of an Account.
  18. Newsletter – a service provided electronically by the Seller after the Buyer has subscribed to it, consisting in the Buyer automatically receiving, at the e-mail address provided by them, the most important information, including commercial information, related to the Online Shop.
  19. Materials - photographs of Products and other materials, including in particular texts, graphics, logos and source codes, which constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws of 2019, items 1231, 2245), placed in the Online Shop and owned by the Seller or used by the Seller with the consent of a third party or entity holding intellectual property rights to the Materials.
  20. Privacy Policy– a document available in the Online Shop, specifying the rules related to the processing of personal data by the Seller within the Online Shop, constituting the fulfilment by the Seller of the information obligation referred to in the provisions on personal data protection.
  21. Civil Code – the Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2019, items 1145, 1495).
  22. Consumer Rights Act (Journal of Laws of 2022, item 2337) of 4 November 2022.
  23. COMPANY DETAILS AND ADDRESS:

These Terms and Conditions apply to the provision of goods sales services via the online shop located under the domain www.martom-sklep.pl, hereinafter referred to as the shop, operated by:

Martom sp. z o.o.

with its registered office in Świdnica (66-100)

Piaskowa 10

Shop

Martom

Osadnicza 35

65-001 Zielona Góra

The copyrights to our shop’s website and the content contained therein belong to Martom.

Customers may access these Terms and Conditions at any time via the link placed on the homepage of www.martom-shop.com, as well as download and print them.

 

Before placing an order, the Customer confirms that they have read the Terms and Conditions and accepts their provisions.

 

III. WORKING HOURS, CONTACT

We work from Monday to Friday from 10:00 to 16:00, and you can contact us during these hours.

Please contact us at our e-mail address: [email protected]

phone: +48 68 88 80 511

IV. GENERAL PROVISIONS

  1. These Terms and Conditions apply to Sales Agreements and other services provided by the Seller via the Online Shop.
  2. The electronic services provided by the Seller in the Online Shop consist in enabling the Buyer by the Seller to:
    1. conclude Sales Agreements under the terms specified in the provisions of these Terms and Conditions,
    2. create and maintain an Account in the Online Shop,
    3. receive the Newsletter,
    4. use other services available in the Online Shop.
  3. Announcements, advertisements, price lists and other information about Products provided in the Online Shop should be regarded as an invitation to conclude a Sales Agreement, with regard to Article 71 of the Civil Code.
  4. The Online Shop conducts sales within the territory of the Republic of Poland.
  5. The Products available in the Online Shop are original, brand new, factory-made, free from defects and compliant with applicable standards, requirements and legal provisions, while the Seller’s offer may also include used Products and defective Products which, despite the defect, are suitable for use in accordance with their intended purpose. If a Product available in the Online Shop is used or defective, the scope of wear or the existing defects will be indicated by the Seller no later than at the time of concluding the Sales Agreement.
  6. The Seller exercises the utmost care in the performance of Sales Agreements and Orders.
  7. Promotions may be organised in the Online Shop under the terms specified and made publicly available in the Online Shop by the Seller.
  8. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Buyer who is a Consumer, granted to them under generally applicable provisions of law, including in particular the provisions of the Civil Code and the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2019, items 134, 730). In the event of any inconsistency between the provisions of these Terms and Conditions and the provisions referred to in this point, those provisions shall prevail.
  9. Starting from 1 January 2021, in the case of an Entrepreneur who is a natural person conducting business activity entered in the Central Register and Information on Economic Activity (CEIDG), who concludes a Sales Agreement directly related to their business activity, where at the same time the content of the Sales Agreement indicates that it is not of a professional nature for that Entrepreneur, resulting in particular from the subject of the business activity performed by that Entrepreneur and made available in CEIDG, including in particular the PKD numbers, the provisions of these Terms and Conditions concerning the Buyer who is a Consumer shall also apply to such Entrepreneur, excluding the provision of Article 558 § 1, second sentence, of the Civil Code. From 1 January 2021, the provisions of Article 563 and Article 567 § 2 of the Civil Code shall also not apply to the Entrepreneur referred to in this point.
  10. To use the Online Shop effectively, it is necessary to have a computer with a processor of at least 200 MHz, 64 MB RAM, a graphics card supporting a resolution of 1024x768 and 256 colours, and a web browser, e.g. Internet Explorer version >= 6.0, Mozilla Firefox, Opera, Google Chrome, Safari or another browser, a keyboard or another pointing device enabling the correct completion of electronic forms, an internet connection with a minimum bandwidth of 512 kbit/s download and 128 kbit/s upload, as well as an active e-mail account.
  11. RULES FOR USING THE ONLINE SHOP, ORDERING GOODS, DELIVERY
  12. In order to order goods in our shop, you must create an account or place an order as a guest. When using the Online Shop, the Buyer is obliged to provide true and accurate data and information necessary to create an Account or to conclude and perform the Sales Agreement.
  13. When completing the Registration Form or the Order Form, the Buyer is obliged to read the Terms and Conditions and the Privacy Policy and to accept their content.
  14. A Customer who does not place any order within 60 days from the moment of registration should be aware that the registration may be cancelled. In most cases, a suspended or blocked account can be reactivated by contacting us by e-mail at: [email protected].
  15. Creating an account:
  16. Creating an Account by the Buyer requires completing the Registration Form, setting an individual password and clicking the submit button.
  17. After creating an Account in the manner referred to in the preceding point, the Buyer immediately obtains access to the Account using an individual login and password. The Account in the Online Shop is created for an indefinite period, and having it does not give rise to any financial obligations for the Buyer towards the Seller.
  18. The Account may be deleted at any time directly by the Buyer through the functionalities available in the Online Shop and after completing the further actions indicated in the Online Shop, or by sending a request to delete the Account to the Seller’s e-mail address: [email protected].
  19. In the event of violations or abuse, the Customer’s account may be removed from our database without the possibility of re-registration. Each Customer may request the cancellation of their account by contacting us at our e-mail address: [email protected].
  20. After logging into the system, the Customer has access to their data and orders and may edit this data.
  21. Placing orders:

 

  1. Orders may also be placed through our auctions on allegro.pl – under the terms applicable on that platform.
  2. In order to conclude a sales agreement through the shop, you should go to the website www.martom-sklep.pl, select goods from the shop’s offer, their quantity, and, if applicable, colour, size or other parameters, by following the subsequent technical steps based on the messages displayed to the Customer and the information available on the website.
  3. After the Customer provides all necessary data, a summary of the placed order will be displayed. The order summary will contain information regarding:
  • the subject of the order and its main features,
  • the unit price and total price of the ordered goods, including taxes,
  • the selected payment method, including the method and deadline for payment,
  • the selected delivery method, as well as delivery costs (transport and delivery of the goods), postal services and additional costs, if any,
  • the delivery time.

 

  1. The Customer will also be provided with information on the method of communication with the Customer and, where applicable, the duration of the agreement and the minimum duration of the Customer’s obligations arising from the sales agreement.
  2. In order to submit an order, it is necessary to read the Terms and Conditions, accept their content, provide the personal data marked as mandatory and click the “Order with obligation to pay” button.
  3. Submitting an order by the Customer constitutes a declaration of intent to conclude a sales agreement with MARTOM, in accordance with the content of the Terms and Conditions and the order.
  4. After placing the order, the Customer receives an e-mail entitled "Confirmation of order receipt", containing final confirmation of all essential elements of the order. The agreement is considered concluded at the moment the Customer receives the e-mail referred to above.
  5. The sales agreement is concluded in Polish.
  6. The agreement is concluded for a fixed period – until the goods are delivered to the Customer and the full price specified in the placed order is paid.
  7. The Shop sends the Customer, together with the shipment containing the goods, confirmation of the conclusion of the sales agreement. In addition, it sends confirmation of the conclusion of the agreement to the Customer’s provided e-mail address.
  8. MARTOM undertakes to deliver the goods ordered in the shop free from defects.
  9. All prices provided by us are prices in Polish zlotys and gross prices, including all components, including VAT, customs duties and any other charges, with the VAT rate indicated separately. The price and other terms of the agreement as of the date on which the Customer submits the order are binding.
  10. We reserve the right to change the prices of goods and to cancel promotional campaigns on the shop’s website or to make changes to them. In such a case, for orders placed before the change of price, promotional campaign terms or sale terms, the prices of the goods as of the date on which the Customer submitted the order shall apply.
  11. In the event of late payment by a Buyer who is an Entrepreneur, the Seller is entitled to statutory interest for delay in commercial transactions and the costs of debt recovery in accordance with the provisions of the Act of 8 March 2013 on counteracting excessive delays in commercial transactions (consolidated text: Journal of Laws of 2019, items 118, 1649).
  12. The place of delivery of goods purchased through our shop is exclusively the territory of the Republic of Poland.
  13. Personal collection of goods is possible only in Zielona Góra at the following address: ul. Objazdowa 35, from 10:00 to 14:00, Monday to Friday.
  14. We ship the goods within 72 hours of confirmation of receipt of the order, in the order in which orders are placed. If the Customer has selected the “prepayment” payment method, we ship the goods within 72 hours after the payment has been credited.
  15. If the goods are unavailable, the Customer will be immediately notified by e-mail of a delay in the shipment of the goods, in which case the Customer may inform us of their resignation from the performance of the agreement at: [email protected], or of the impossibility of fulfilling the order. In the above cases, the order will be cancelled. If the Customer has already made a payment, we will refund the amount paid within 14 days of cancelling the order, but no later than within 30 days of concluding the sales agreement.
  16. If, as part of an economically uniform transaction exceeding PLN 15,000.00, the Customer makes a purchase as an Entrepreneur who is a VAT taxpayer of at least one of the goods listed in items 59-66 of Annex No. 15 to the Act on Goods and Services Tax of 11 March 2004 (Journal of Laws No. 54, item 535, as amended).
  17. Delivery
  18. When placing an Order, the Buyer may, at their discretion, choose one of the following methods of collecting the ordered Products:
    • personal collection of the ordered Products after prior consultation with the Seller.
    • delivery of the Products to the Buyer’s address provided when placing the Order by a courier company.
  19. Delivery costs are calculated in accordance with the current delivery price lists and depend on the weight and dimensions of the shipment. The Buyer is informed of the delivery costs before placing the Order.
  20. Delivery costs are borne by the Buyer, whereby:
    • The Seller undertakes to cover the delivery costs within the territory of Poland if the value of the Order exceeds PLN 299.00,
  21. The Buyer undertakes to collect the shipped Product.
  22. A Buyer who is an Entrepreneur is obliged to inspect the shipment in the presence of the courier or an employee of Poczta Polska at the time of its delivery, excluding the Entrepreneur referred to in point IV section 9 of the Terms and Conditions.
  23. The Seller recommends that a Buyer who is a Consumer and the Entrepreneur referred to in point IV section 9 of the Terms and Conditions inspect the shipment in the presence of the courier or an employee of Poczta Polska. Failure to inspect the shipment does not prevent any complaint referred to in point VI of the Terms and Conditions; however, if such verification is carried out, the complaint procedure will be significantly improved.
  24. Copyright
  25. Both the Buyer and any other person having access to the Online Shop are obliged to refrain from copying, modifying, distributing, reprinting, transmitting or using in any other way, including in particular for marketing, commercial or profit-making purposes, the Materials placed in the Online Shop without the written consent of the Seller or another person or third party entity holding intellectual property rights to the Materials, except for the use of these Materials within the scope of permitted use referred to in the provisions of the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws of 2019, items 1231, 2245).
  26. A breach of the provisions of the preceding point could constitute a violation of the law and thus provide grounds for initiating civil or criminal proceedings against persons or entities engaging in such practices.
  27. Payments:
  28. You may choose the following methods of payment for the goods:
  • Online payments made via the Online Shop are handled through the following platform:
  • PayU, available at pl - by PayU S.A. with its registered office at: ul. Grunwaldzka 186, 60-166 Poznań, KRS: 0000274399, NIP: 7792308495, REGON: 300523444, entered as a National Payment Institution in the Register of Payment Services maintained by the Polish Financial Supervision Authority under number: IP1/201.
  1. Until the Customer has paid the full amount for the ordered goods, they remain the property of MARTOM.

 

VI. COMPLAINT HANDLING PROCEDURE

1.             This point 6 of the Terms and Conditions sets out the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services and all other complaints related to the operation of the Seller or the Online Shop.

2.             The basis and scope of liability are determined by generally applicable legal provisions, in particular the Civil Code, the Consumer Rights Act and the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended).

  1. Detailed provisions regarding complaints concerning a Product – movable goods – purchased by the Customer under a Sales Agreement concluded with the Seller by 31 December 2022 – are governed by the provisions of the Civil Code in the wording in force until 31 December 2022, in particular Articles 556–576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (statutory warranty). The Seller is obliged to deliver the Customer a Product free from defects. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s statutory warranty liability for a Product purchased in accordance with the preceding sentence is excluded with respect to a Customer who is not a Consumer.
  2. Detailed provisions regarding complaints concerning a Product – movable goods (including movable goods with digital elements), excluding movable goods which serve exclusively as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from 1 January 2023 – are governed by the provisions of the Consumer Rights Act in force from 1 January 2023, in particular Articles 43a–43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the Consumer in the event of a lack of conformity of the Product with the Sales Agreement.
  3. Detailed provisions regarding complaints concerning a Product – digital content or digital service, or movable goods which serve exclusively as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from 1 January 2023, or before that date if the delivery of such Product was to take place or took place after that date, are governed by the provisions of the Consumer Rights Act in force from 1 January 2023, in particular Articles 43h–43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the Consumer in the event of a lack of conformity of the Product with the Sales Agreement.

6.             A complaint may be submitted, for example:

  1. in writing to the following address: ul. Objazdowa 35, 65-001 Zielona Góra

  2. electronically by e-mail to the following address: [email protected].

9.             Sending or returning the Product as part of a complaint may be made to the following address: ul. Objazdowa 35, 65-001 Zielona Góra

10.         It is recommended that the complaint description include:

a)             information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or lack of conformity with the contract;

b)            a request regarding the method of bringing the Product into conformity with the contract, or a statement on price reduction or withdrawal from the contract, or another claim; and

c)             the contact details of the person submitting the complaint – this will facilitate and speed up the complaint handling process. The requirements stated in the preceding sentence are only recommendations and do not affect the validity of complaints submitted without the recommended complaint description.

11.         In the event that the contact details provided by the person submitting the complaint change during the complaint handling process, that person is obliged to notify the Seller thereof.

12.         Evidence related to the subject of the complaint, such as photos, documents or the Product, may be attached to the complaint by the person submitting it. The Seller may also ask the person submitting the complaint to provide additional information or send evidence, such as photos, if this facilitates and speeds up the handling of the complaint by the Seller.

13.         The Seller will respond to the complaint without undue delay, but no later than within 14 calendar days from the date of its receipt.

VII. WARRANTY

  1. Some of the Products offered in the Online Shop are covered by a warranty granted by the manufacturer, the guarantor.
  2. The details of the warranty terms and procedure are set out in the warranty card attached by the guarantor to the Product covered by the warranty.
  3. The warranty statement contains:
    1. a clear statement that, in the event of non-conformity of the sold goods with the contract, the Buyer is entitled by law to legal remedies from and at the expense of the Seller, and that the warranty does not affect these legal remedies;
    2. the name and address of the guarantor;
    3. a description of the procedure that the entitled person must follow in order to make use of the warranty;
    4. an indication of the goods covered by the warranty;
    5. the warranty conditions;
  4. The Buyer may exercise rights arising from the non-conformity of the sold goods with the contract independently of the rights arising from the warranty.
  5. The exercise of rights under the warranty does not affect the Seller’s liability for the non-conformity of the sold goods with the contract.
  6. However, if the Buyer exercises rights under the warranty, the period for exercising rights arising from the non-conformity of the sold goods with the contract is suspended from the date of notifying the Seller of the defect. This period continues from the date on which the guarantor refuses to perform the obligations arising from the warranty or from the ineffective expiry of the time limit for their performance.

 

VIII.  RIGHT OF WITHDRAWAL FROM THE CONTRACT

1.             A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:

  1. in writing to the following address: ul. Osadnicza 35, 65-001 Zielona Góra
  2. electronically by e-mail to the following address: [email protected]

4.             The return of the Product – movable goods, including movable goods with digital elements – as part of withdrawal from the contract may be made to the following address: ul. Objazdowa 35, 65-001 Zielona Góra

5.             An example model withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point 12 of the Terms and Conditions. The Consumer may use the model form, but this is not mandatory.

6.             The withdrawal period begins:

  1. for a contract under which the Seller delivers a Product and is obliged to transfer its ownership – from the moment the Product is taken into possession by the Consumer or by a third party indicated by the Consumer other than the carrier, and in the case of a contract which: (1) covers multiple Products delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period – from the moment the first Product is taken into possession;
  2. for other contracts – from the date of conclusion of the contract.

9.             In the event of withdrawal from a distance contract, the contract is considered not to have been concluded.

10.         Products – movable goods, including movable goods with digital elements:

  1. The Seller is obliged to reimburse the Consumer, without undue delay and no later than within 14 calendar days from the date of receiving the Consumer’s statement of withdrawal from the contract, all payments made by the Consumer, including the costs of delivery of the Product – movable goods, including movable goods with digital elements (except for additional costs resulting from the delivery method chosen by the Consumer other than the least expensive standard delivery method available in the Online Shop). The Seller shall make the reimbursement using the same payment method as the one used by the Consumer, unless the Consumer has expressly agreed to a different reimbursement method that does not involve any costs for them. In the case of Products – movable goods, including movable goods with digital elements – if the Seller has not offered to collect the Product from the Consumer, the Seller may withhold reimbursement of payments received from the Consumer until the Product has been received back or until the Consumer has provided proof of having sent it back, whichever occurs first.
  2. In the case of Products – movable goods, including movable goods with digital elements – the Consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, without undue delay and no later than within 14 calendar days from the day on which the Consumer withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before the deadline expires.
  3. The Consumer is liable for any diminished value of the Product – movable goods, including movable goods with digital elements – resulting from using it in a manner exceeding what is necessary to determine the nature, characteristics and functioning of the Product.

14.         Products – digital content or digital services:

  1. In the event of withdrawal from a contract for the supply of a Product – digital content or digital service – from the date of receiving the Consumer’s statement of withdrawal from the contract, the Seller may not use any content other than personal data provided or created by the Consumer while using the Product – digital content or digital service – supplied by the Seller, except for content which:
  2. is useful only in connection with the digital content or digital service that was the subject of the contract;
  3. relates exclusively to the Consumer’s activity while using the digital content or digital service supplied by the Seller;
  4. has been combined by the entrepreneur with other data and cannot be separated from it, or can only be separated with disproportionate effort;
  5. has been created by the Consumer jointly with other Consumers who may continue to use it. Except for the cases referred to above in points (a)–(c), at the Consumer’s request, the Seller shall make available to the Consumer content other than personal data that was provided or created by the Consumer while using the digital content or digital service supplied by the Seller. In the event of withdrawal from the contract, the Seller may prevent the Consumer from further using the digital content or digital service, in particular by preventing the Consumer from accessing the digital content or digital service or by blocking the user account, without prejudice to the Consumer’s rights referred to in the preceding sentence. The Consumer has the right to retrieve digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.
  6. In the event of withdrawal from a contract for the supply of a Product – digital content or digital service – the Consumer is obliged to stop using that digital content or digital service and stop making it available to third parties.

17.         Possible costs related to the Consumer’s withdrawal from the contract which the Consumer is obliged to bear:

  1. In the case of Products – movable goods, including movable goods with digital elements – if the Consumer has chosen a delivery method for the Product other than the least expensive standard delivery method available in the Online Shop, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by them.
  2. In the case of Products – movable goods, including movable goods with digital elements – the Consumer bears the direct costs of returning the Product.
  3. In the case of a Product – service, the performance of which, at the express request of the Consumer, began before the expiry of the withdrawal period, the Consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided until the moment of withdrawal from the contract. The amount to be paid is calculated in proportion to the scope of the service 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 shall be the market value of the service provided.

21.         The right of withdrawal from a distance contract does not apply to the Consumer in relation to contracts:

a)             for the provision of services for which the Consumer is obliged to pay a price, if the Seller has fully performed the service with the Consumer’s express and prior consent, and the Consumer was informed before the provision of the service began that, after the Seller has completed the service, they would lose the right of withdrawal from the contract, and acknowledged this;

b)            in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;

c)             in which the subject of the service is a Product – movable goods, including movable goods with digital elements – that are non-prefabricated, manufactured according to the Consumer’s specifications or intended to meet their individual needs;

d)            in which the subject of the service is a Product – movable goods, including movable goods with digital elements – that deteriorate quickly or have a short shelf life;

e)             in which the subject of the service is a Product – movable goods, including movable goods with digital elements – delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;

f)              in which the subject of the service are Products – movable goods, including movable goods with digital elements – which, after delivery, due to their nature, become inseparably combined with other movable goods, including movable goods with digital elements;

g)            in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and whose value depends on market fluctuations over which the Seller has no control;

h)            in which the Consumer expressly requested that the Seller come to them for the purpose of carrying out urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or supplies Products – movable goods, including movable goods with digital elements – other than spare parts necessary to carry out the repair or maintenance, the Consumer has the right of withdrawal from the contract in relation to the additional services or Products;

i)              in which the subject of the service is audio or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery;

j)               for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;

k)            concluded by way of a public auction;

l)              for the provision of services in the field of accommodation other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of provision of the service;

m)          for the supply of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay a price, if the Seller began the performance with the Consumer’s express and prior consent, and the Consumer was informed before the performance began that, after the Seller has completed the performance, they would lose the right of withdrawal from the contract, and acknowledged this, and the Seller provided the Consumer with the confirmation referred to in Article 15 sections 1 and 2 or Article 21 section 1 of the Consumer Rights Act;

n)            for the provision of services for which the Consumer is obliged to pay a price, where the Consumer expressly requested that the Seller come to them for the purpose of carrying out repairs, and the service has already been fully performed with the Consumer’s express and prior consent.

22.         The provisions concerning the Consumer contained in this Section 8 of the Terms and Conditions shall apply from 1 January 2021 and, for contracts concluded from that date, also to a Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, where the content of that contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity made available on the basis of the provisions on the Central Register and Information on Economic Activity.

 

  1. PERSONAL DATA PROTECTION
  2. MARTOM is the controller of the personal data of Customers who are natural persons, processed in connection with purchases made in the online shop.
  3. Your personal data as well as information about orders and payments are protected against access by unauthorised persons through technical security systems.
  4. Your data is transferred using the secure SSL (Secure Socket Layer) transmission protocol with a 256-bit key. This technology offers the highest level of security and is therefore also used, for example, by banks to protect online banking data. You can recognise the transmission of encrypted data by the display of encrypted keys or key symbols in the lower status bar of your browser.
  5. If you have forgotten your password or in the event of any problems concerning your personal data, please contact us at: [email protected]. The User has the right to lodge a complaint with the authority competent for personal data protection (the President of the Personal Data Protection Office), the right to object, the right to access their personal data, to request rectification, deletion, restriction of processing and data portability, as well as the right to object to profiling.
  6. All detailed rules concerning the processing of personal data, including in particular the purposes and legal bases of processing and the rights of Buyers as data subjects, are set out in the Privacy Policy.

X. PROVISIONS CONCERNING ENTREPRENEURS

1.             The Seller’s liability under the statutory warranty for the Product or for the lack of conformity of the Product with the Sales Agreement is excluded.

2.             The Seller will respond to the complaint within 14 calendar days from the date of its receipt.

 

XI. PRODUCT REVIEWS

1.             The Seller does not verify reviews related to products displayed in the shop. 

  1. In the event of any doubts on the part of the Seller or objections addressed to the Seller by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer purchased the Product in question, the Seller reserves the right to contact the author of the review in order to clarify and confirm that they are in fact a Customer of the Online Shop or that they purchased the reviewed Product.

3.             Any comments, appeals against the verification of reviews, or objections as to whether a given review comes from a Customer or whether a given Customer purchased the Product may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions.

4.             The Seller does not publish or commission another person to publish false Customer reviews or recommendations and does not distort Customer reviews or recommendations in order to promote its Products. The Seller makes both positive and negative reviews available. The Seller does not make sponsored reviews available.

 

 XII. FINAL PROVISIONS.

  1. The Terms and Conditions shall apply from 01.01.2023.
  2. Using the online shop is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
  3. a) Internet Explorer version 7.0.5730.13 or newer,
  4. b) minimum screen resolution of 800x600 pixels.
  5. Information about goods provided on the websites of our shop, in particular their descriptions, technical and functional parameters and prices, does not constitute an offer within the meaning of the Civil Code – it constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
  6. Any disputes arising between MARTOM and a Customer who is a consumer within the meaning of Article 221 of the Civil Code shall be resolved by the courts competent in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
  7. Before referring the case to court, a Customer who is a consumer:
  8. is entitled to apply to a permanent consumer arbitration court operating at the Provincial Inspectorates of Trade Inspection with a request to resolve a dispute arising from the concluded sales agreement,
  9. is entitled to apply to the Provincial Inspectorate of Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the shop,
  10. may obtain free assistance in resolving a dispute between the Customer and the shop, including free assistance from a district or municipal consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
  11. Any disputes arising between MARTOM and a Customer who is not a consumer within the meaning of Article 221 of the Civil Code shall be resolved by the court competent for the registered office of the entity operating the shop.
  12. In matters not regulated by the Terms and Conditions, the provisions of Polish law shall apply, in particular the Civil Code and acts concerning consumers, especially the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827).
  13. As part of our online shop, we use cookies in order to provide you with services at the highest level. Cookies are placed on your end device. However, you may change your cookie settings at any time.
  14. We reserve the right to amend these Terms and Conditions.
  15. MARTOM sp. z o.o., with its registered office in Świdnica (66-009) at ul. Piaskowa 10, represented by Mr Tomasz KUROPATWA, out of concern for the environment, hereby informs Customers that:

the acceptance of used equipment is possible from Monday to Friday, from 8:00 to 15:00.

In accordance with the Act on Waste Electrical and Electronic Equipment of 11 September 2015 (Journal of Laws, item 1688), a user of equipment intended for households is obliged to return used equipment;

Furthermore, we indicate that:

Residents of Zielona Góra may leave used electrical

and electronic equipment free of charge at two collection points:

  1. Zjednoczenia 110 at the registered office of ZGKiM – container behind the entrance gate by building C,

 

  1. Wrocławska 73 (entrance from Racula) at the Waste Management Department of ZGKiM.

The current list of addresses of WEEE collection points in Zielona Góra is available on the websites of the Municipal and Housing Management Department and the City Office – Zielona Góra.

Information about other collection points for waste electrical and electronic equipment from households operating within a given municipality is provided by the relevant municipal offices according to your place of residence: on the website of the relevant office and in another manner customarily adopted in the given municipality.

 

 

 

MODEL WITHDRAWAL FORM
(ANNEX NO. 2 TO THE CONSUMER RIGHTS ACT)


Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)

–    Addressee:

Martom sp. z o.o.
ul. Osadnicza 35
www.martom.pl
[email protected]

–    I/We(*) hereby inform you of my/our(*) withdrawal from the contract of sale of the following goods(*) / contract for the delivery of the following goods(*) / contract for specific work consisting in the performance of the following goods(*) / for the provision of the following service(*)

 

–    Date of conclusion of the contract(*)/receipt(*)

–    Name and surname of the consumer(s)

–    Address of the consumer(s)

–    Signature of the consumer(s) (only if the form is submitted in paper form)

–    Date

(*) Delete as appropriate.

 

For reference: Terms and Conditions applicable until 31.12.2022

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