The conclusion of an agreement between the Buyer and the Seller can occur in two ways:

The Buyer has the right, before placing an order, to negotiate all the provisions of the agreement with the Seller, including those that modify the provisions of the following terms and conditions. These negotiations should be conducted in writing and directed to the address sklep@mbmega.pl.

If the Buyer decides not to take advantage of the opportunity to conclude an agreement through individual negotiations, the following terms and conditions and relevant legal provisions shall apply.

REGULATIONS

Section 1 - Explanations

• Address - Name or institution name, postal code, and locality.
• Seller's Address:

MB Mega Wholesale Tools Michał Bogdaniuk
ul. Sidorska 102
21-500 Biała Podlaska
NIP PL 4960206286

• Delivery Price List - A list of available types of delivery and their costs available at www.mbmega.pl.
• Contact Details for the Brick-and-Mortar Store:

MB Mega Wholesale Tools Michał Bogdaniuk
ul. Sidorska 102
21-500 Biała Podlaska
NIP PL 4960206286
Tel: +48 789 134 073; +48 798 922 533

Delivery - A type of transport service along with the carrier and cost specified in the delivery price list available at www.mbmega.pl.

Proof of Purchase - An invoice, bill, or receipt issued in accordance with the Act on Goods and Services Tax of March 11, 2004, with subsequent amendments and other relevant legal provisions.

Product Card - A single page of the store containing information about a single product.

Customer - An adult natural person with full legal capacity, a legal person, or an organizational unit without legal personality but having legal capacity, making a purchase from the Seller directly related to their economic or professional activity.

Civil Code - The Civil Code Act of April 23, 1964, with subsequent amendments.

Code of Good Practices - A set of rules of conduct, including ethical and professional norms, referred to in Article 2(5) of the Act on Counteracting Unfair Market Practices of August 23, 2007, with subsequent amendments.

Consumer - An adult natural person with full legal capacity, making a purchase from the Seller not directly related to their economic or professional activity.

Cart - A list of products based on the offered store products - the Buyer's choices.

Buyer - A Consumer and a Customer.

Place of Delivery of Goods - The address or pick-up point specified in the order by the Buyer.

Moment of Handing Over the Item - The moment at which the Buyer or a third party designated by them for collection takes possession of the item.

Payment - The method of making payment for the subject of the contract and delivery specified at www.mbmega.pl.

Consumer Law - Consumer Rights Act of May 30, 2014.

Product - The minimum and indivisible quantity of goods that may be the subject of an order, as indicated in the store www.mbmega.pl as the unit of measure when specifying its price (price/unit).

Subject Matter of the Agreement - Products and delivery that are the subject of the agreement.

Subject of Performance - The subject matter of the agreement.

Pick-up Point - A place of handing over items not being a postal address, listed in the summary provided by the Seller in the store.

Item - A movable item that may be or is the subject of an agreement.

Store - An online service available at www.mbmega.pl through which the Buyer can place an order.

Seller:

MB Mega

System - A set of cooperating computer devices and software ensuring the processing, storage, transmission, and reception of data through telecommunications networks using an appropriate end device for a given type of network, referred to as the Internet.

Delivery Period - The number of hours or working days specified on the product card.

Agreement - An agreement concluded outside the entrepreneur's premises or at a distance within the meaning of the Consumer Rights Act of May 30, 2014, for Consumers, and a sales agreement within the meaning of Article 535 of the Civil Code of April 23, 1964, for Buyers.

Defect - Both a physical defect and a legal defect.

Physical Defect - Non-compliance of the item sold with the agreement, in particular, if the item:

• does not have properties that this type of item should have due to the purpose indicated in the agreement or resulting from circumstances or destination;
• does not have qualities about which the Seller assured the Consumer;
• is not suitable for the purpose of which the Consumer informed the Seller when concluding the agreement, and the Seller did not raise any objections to such a purpose;
• was delivered to the Consumer incomplete;
• in case of incorrect installation and commissioning, if these activities were carried out by the Seller or a third party for whom the Seller is responsible, or by the Consumer who acted according to the instructions received from the Seller;
• does not have properties that the Manufacturer or its representative or the person introducing the item to the market presented to the Consumer, including by placing their name, trademark, or other distinguishing mark on the item, unless the Seller knew about these assurances nor, assessing reasonably, could not know, or when their content was corrected before concluding the agreement.

Legal Defect - A situation where the item sold is the property of a third party or is encumbered with the right of a third party, as well as if restrictions on the use or disposal of the item result from a decision or judgment of the relevant authority.

Order - The Buyer's declaration of intent submitted through the store, specifying unequivocally: the type and quantity of products, the type of delivery, the type of payment, the place of delivery of the item, the Buyer's data, aimed directly at concluding an agreement between the Buyer and the Seller.

Section 2 - General Terms

• The contract is concluded in Polish, in accordance with Polish law and these regulations.
• The place of delivery of items must be within the territory of the Republic of Poland.
• The Seller is obliged and undertakes to provide services and deliver items free from defects.
• All prices provided by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
• The Seller does not provide the Buyer with a warranty within the meaning of Article 577 of the Civil Code, but informs about any warranties known to them provided by third parties for products available in the store.
• Confirmation, provision, recording, and securing of all essential provisions of the contract to access this information in the future is done in the following forms:
  • Order confirmation sent to the specified email address: orders, pro forma invoices, information about the right to withdraw from the contract, this regulation in PDF, a withdrawal form template in PDF, links to independently download the regulation and the withdrawal form template;
  • Inclusion with the completed order sent to the specified place of item delivery, printed: proof of purchase, information about the right to withdraw from the contract, this regulation, a withdrawal form template.
• The Seller does not charge any fees for communication using remote communication means, and the Buyer bears the costs of such communication resulting from the contract concluded with a third party providing a service enabling remote communication.
• The Seller ensures that the Buyer using the system functions correctly in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution of more than 1024 px. The use of third-party software that affects the operation and functionality of browsers such as Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store. Therefore, to ensure the full functionality of the www.mbmega.pl store, all such software should be disabled.
• The Buyer can use the option to store their data by the store to facilitate the process of placing the next order. To do this, the Buyer should provide a login and password necessary to access their account. The login and password are strings of characters determined by the Buyer, who is obliged to keep them confidential and protect them from unauthorized access by third parties. The Buyer has the option to view, correct, update data, and delete their account at www.mbmega.pl.
• The Seller adheres to the code of good practices.

Section 3 - Conclusion of the Contract and Execution

• Orders can be placed 24 hours a day.
• To place an order, the Buyer should perform at least the following actions, some of which can be repeated multiple times:
  • Add the product to the cart,
  • Select the type of delivery,
  • Select the type of payment,
  • Select the place of item delivery,
  • Place an order in the store by using the "Buy" button.
• The contract with the Consumer is concluded at the moment of placing the order.
• The execution of a paid order by the Consumer occurs immediately, and orders paid by transfer or through electronic payment systems are executed after the Consumer's payment is credited to the Seller's account.
• The contract with the Client is concluded at the moment the order is accepted by the Seller, which the Seller informs the Client within 48 hours of placing the order.
• The execution of a paid order by the Client occurs immediately after the conclusion of the contract, and orders paid by transfer or through electronic payment systems are executed after the conclusion of the contract and the Client's payment is credited to the Seller's account.
• In the case of card payments, the order is processed from the moment of obtaining positive payment authorization.
• The execution of the Client's order may depend on making the full or partial payment of the order value or obtaining a trade credit limit at least equal to the order value or the Seller's consent to send the order by cash on delivery (paid upon receipt).
• The subject of the contract is sent within the time specified on the product card, and for orders placed with multiple products, within the longest term specified on the product cards. The term starts running from the moment the order is executed.
• The purchased item of the contract is sent, along with the selected sales document by the Buyer, by the method of delivery selected by the Buyer in the order, to the place of item delivery indicated by the Buyer in the order, together with the attached annexes mentioned in §2.
• In the event of a refund for a transaction made by a customer with a payment card, the seller will make the refund to the bank account assigned to the customer's payment card.
• The entity providing online payment service is Blue Media S.A.

Section 4 - Right of Withdrawal

• The Consumer, based on Article 27 of the Consumer Rights Act, has the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in Article 33 and Article 34 of the Consumer Rights Act.
• The deadline for withdrawing from a distance contract is 14 days from the day the item is delivered, and to meet the deadline, it is enough to send a statement before its expiration.
• The Consumer may submit a declaration of withdrawal from the contract on a form, the template of which is attached - the form is available at www.mbmega.pl or in another written form compliant with the Consumer Rights Act.
• The Seller excludes the possibility of submitting a declaration of withdrawal from the contract in a form other than written.
• The Seller will immediately confirm to the Consumer by e-mail (provided when the contract was concluded or another if provided in the submitted statement) the receipt of the declaration of withdrawal from the contract.
• In the event of withdrawal from the contract, the contract is considered as not concluded.
• The Consumer is obliged to return the item to the Seller immediately, but not later than 14 days from the day of withdrawal. To meet the deadline, it is enough to send the item back before its expiration.
• The Consumer returns the items being the subject of the contract from which they withdrew at their own cost and risk.
• The Consumer does not bear the cost of delivering digital content that is not recorded on a tangible medium if they have not agreed to perform the service before the deadline for withdrawal from the contract or if they have not been informed about the loss of the right to withdraw from the contract by the entrepreneur at the time of granting such consent or the entrepreneur has not provided confirmation in accordance with Article 15 (1) and Article 21 (1) of the Consumer Rights Act.
• The Consumer is responsible for reducing the value of the item being the subject of the contract, resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the item.
• The Seller will reimburse all payments made by the Consumer, including the cost of delivering the item, immediately and no later than within 14 days from the date of receiving the Consumer's declaration of withdrawal from the contract, except for additional costs resulting from the Consumer's choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller, in accordance with Article 33 of the Consumer Rights Act.
• The Seller will make the refund using the same payment method that the Consumer used unless the Consumer has explicitly agreed to a different payment method that does not involve any costs for them.
• The Seller may withhold the refund until receiving the item back or until the Consumer provides proof of returning it, depending on which event occurs first.
• The Consumer, in accordance with Article 38 of the Consumer Rights Act, does not have the right to withdraw from a contract:
  • in which the price or remuneration depends on financial market fluctuations over which the Seller has no control and which may occur before the withdrawal period expires,
  • where the subject of the performance is a non-prefabricated item, manufactured to the Consumer's specification or serving to satisfy their individual needs,
  • where the subject of the performance is an item that is liable to deteriorate rapidly or has a short shelf-life,
  • where the subject of the performance is an item delivered in a sealed package that cannot be returned once opened due to health protection or hygiene reasons, if the packaging was opened after delivery,
  • where the subject of the performance is items that, after delivery, by their nature, are inseparably mixed with other items,
  • where the subject of the performance is audio or visual recordings or computer software delivered in a sealed package if the packaging was opened after delivery,
  • for the delivery of digital content that is not recorded on a tangible medium if the performance has begun with the Consumer's prior express consent and after being informed by the entrepreneur about the loss of the right to withdraw from the contract,
  • for the delivery of newspapers, periodicals, or magazines, with the exception of a subscription contract.

Section 5 - Warranty

• Based on Article 558§1 of the Civil Code, the Seller completely excludes liability towards Customers for physical and legal defects (warranty).
• The Seller is responsible towards the Consumer under the rules specified in Article 556 of the Civil Code and subsequent ones for defects (warranty).
• In the case of a contract with a Consumer, if a physical defect is found before the expiration of one year from the moment of handing over the item, it is assumed that it existed at the time the risk passed to the Consumer.
• If the sold item has a defect, the Consumer may:
  • Submit a statement of requesting a price reduction,
  • Submit a statement of withdrawal from the contract, unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has failed to fulfill the obligation to replace the item with a defect-free one or remove the defect, they do not have the right to exchange the item or remove the defect.
• The Consumer may, instead of the method proposed by the Seller, demand that the Seller replace the defective item with one free from defects or, instead of replacing the item, demand the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, taking into account the value of the defect-free item, the type and significance of the defect found, and also takes into account the inconveniences to which another method of satisfaction would expose the Consumer.
• The Consumer cannot withdraw from the contract if the defect is immaterial.
• If the sold item has a defect, the Consumer may also:
  • Request a replacement of the item free from defects,
  • Request the removal of the defect.
• The Seller is obliged to replace the defective item with one free from defects or to remove the defect in a reasonable time without excessive inconvenience to the Consumer.
• The Seller may refuse to satisfy the Consumer's request if bringing the defective item into compliance with the contract in the manner chosen by the buyer is impossible or, compared to the second possible way of bringing it into compliance with the contract, would require excessive costs.
• In the case when the defective item has been installed, the Consumer may demand that the Seller disassemble and reassemble it after replacing it with an item free from defects or removing the defect, but is obliged to bear the part of the costs associated with it exceeding the price of the item sold or may demand from the Seller payment of part of the costs of disassembly and reassembly, up to the amount of the price of the item sold. In the event of failure by the Seller to fulfill its obligation, the Consumer is authorized to perform these activities at the Seller's expense and risk.
• The Consumer, when exercising rights under the warranty, is obliged at the expense of the Seller to deliver the defective item to the complaint address, and if, due to the nature of the item or the way it is installed, delivering the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller in the place where the item is located. In the event of failure by the Seller to fulfill its obligation, the Consumer is authorized to return the item at the expense and risk of the Seller.
• The costs of replacement or repair are borne by the Seller, except for the situation described in Section 4.
• The Seller is obliged to accept from the Consumer the defective item in the case of replacement of the item free from defects or withdrawal from the contract.
• The Seller will respond within fourteen days to:
  • a statement of a request to reduce the price,
  • a statement of withdrawal from the contract,
  • a request to replace the item free from defects,
  • a request to remove the defect.
  Otherwise, it is considered that they have considered the statement or request of the Consumer as justified.
• The Seller is liable under the warranty if a physical defect is found before the expiration of two years from the moment of handing over the item to the Consumer, and if the subject of the sale is a used item, before the expiration of one year from the moment of handing over the item to the Consumer.
• The Consumer's claim for the removal of a physical defect or replacement of the item free from defects expires after one year from the day the defect was discovered, but not earlier than within two years from the moment of handing over the item to the Consumer, and if the subject of the sale is a used item, before the expiration of one year from the moment of handing over the item to the Consumer.
• In the case when the term of validity of the item specified by the Seller or the manufacturer expires after two years from the moment of handing over the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before the expiration of this period.
• In the timeframes specified in Section 4, the Consumer may submit a statement of withdrawal from the contract or a reduction in the price due to a physical defect of the item sold, and if the Consumer requested a replacement of the item free from defects or removal of the defect, the running of the deadline for submitting a statement of withdrawal from the contract or a price reduction begins from the moment the deadline for exchanging the item or removing the defect expires.
• In the event of a court or arbitration proceeding for one of the rights under the warranty or arbitration proceedings, the term for performing other rights belonging to the Consumer under this title is suspended until the final conclusion of the proceedings. The same applies to mediation proceedings, with the period for exercising other rights under the warranty beginning from the day of refusal by the court to approve the settlement concluded before the mediator or the ineffective conclusion of mediation.
• For the exercise of rights under the warranty for legal defects of the sold item, Section 4 applies, with the running of the period starting from the day the Consumer learned about the defect, and if the Consumer learned about the defect only as a result of a third party's lawsuit - from the day the judgment issued in the dispute with the third party became final.
• If, due to a defect in the item, the Consumer has submitted a statement of withdrawal from the contract or a reduction in the price, they may demand compensation for the damage they have suffered as a result of concluding the contract without knowing about the defect, even if the damage was the result of circumstances for which the Seller is not liable, and in particular, they may demand reimbursement of the costs of concluding the contract, the costs of receiving, transporting, storing, and insuring the item, and the return of the expenses incurred to the extent that they have not benefited from them, and have not received their refund from a third party. This does not affect the provisions on the obligation to compensate for damage on general principles.
• The expiration of any deadline for discovering a defect does not exclude the performance of rights under the warranty if the Seller fraudulently concealed the defect.

Section 6: Privacy Policy and Personal Data Security

• The administrator of personal databases provided by Consumers to the store is the Seller.
• The Seller undertakes to protect personal data in accordance with the Act on the Protection of Personal Data of August 29, 1997, and the Act on the Provision of Electronic Services of July 18, 2002. By providing their personal data to the Seller when placing an order, the Buyer consents to their processing by the Seller for the purpose of executing the placed order. The Buyer has the right to access, correct, update, and delete their personal data at any time.
• Detailed rules for collecting, processing, and storing personal data used to fulfill orders by the store are described in the Privacy Policy, which is available at www.mbmega.pl.

Section 7: Final Provisions

• None of the provisions of this regulation aim to violate the rights of the Buyer. It cannot be interpreted in such a way because in the event of any inconsistency between any part of the regulations and the applicable law, the Seller declares absolute compliance and application of that law in place of the disputed provision of the regulations.
• Registered Buyers will be notified by electronic means (to the e-mail provided during registration or ordering) about changes in the regulations and their scope. Notifications will be sent at least 30 days before the new regulations come into effect. Changes will be made to adapt the regulations to the current legal situation.
• The current version of the regulations is always available to the Buyer in the regulations section (www.mbmega.pl). During the execution of the order and throughout the entire after-sales care period for the Buyer, the regulations accepted by the Buyer when placing the order apply. Except in situations where the Consumer deems it less favorable than the current version and informs the Seller of their choice of the current version as binding.
• Matters not regulated by these regulations are subject to the relevant applicable legal provisions. Disputes, if the Consumer expresses such a desire, are resolved through mediation or alternative dispute resolution. Ultimately, the matter is resolved by the court with the appropriate jurisdiction and subject matter.