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Terms of use

§1 Preliminary Provisions

  1. The online store maerstore.com, available at the website address https://maerstore.com, is operated by MAER SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kraków, at ul. Popielnik 8, postal code 31-983, Poland, entered into the National Court Register under KRS number 0000721654, NIP 6783173115, REGON 369633370
  2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and define the rules for using the online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.

§2 Definitions

  1. Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
  2. Entrepreneur with Consumer Rights – a Customer who is a natural person concluding a Sales Agreement directly related to their business activity, when it follows from the content of the Sales Agreement that it does not have a professional character for that Entrepreneur, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
  3. Seller – MAER SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kraków, at ul. Popielnik 8, postal code 31-983, Poland, entered into the National Court Register under KRS number 0000721654, NIP 6783173115, REGON 369633370
  4. Customer – any entity making purchases via the Store.
  5. Entrepreneur – a natural person, a legal person and an organizational unit which is not a legal person, to which a separate act grants legal capacity, conducting business activity in its own name, which uses the Store.
  6. Store – the online store operated by the Seller at the website address https://maerstore.com
  7. Distance Contract – a contract concluded with the Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of concluding the contract.
  8. Terms and Conditions – these Terms and Conditions of the Store.
  9. Order – a declaration of intent of the Customer submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
  10. Account – a customer account in the Store, in which the data provided by the Customer and information about Orders placed by them in the Store are collected.
  11. Registration Form – a form available in the Store enabling the creation of an Account.
  12. Order Form – an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  13. Cart – a software element of the Store in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  14. Product – a movable item/service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
  15. Sales Agreement – a sales contract of a Product concluded or entered into between the Customer and the Seller via the online Store. A Sales Agreement shall also be understood as – depending on the characteristics of the Product – a contract for the provision of services and a contract for specific work.

§3 Contact with the Store

  1. Seller’s address: ul. Popielnik 8, 31-983 Kraków
  2. Seller’s e-mail address: maer@maer.com.pl
  3. Seller’s bank account number: –
  4. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
  5. The Customer may communicate with the Seller by telephone between 7:00 – 14:00.

§4 Technical Requirements

The technical requirements necessary to use the Store, including browsing the Store’s assortment and placing orders for Products, are:

  • a terminal device with access to the Internet and a web browser,
  • an active e-mail account,
  • enabled cookies support.

§5 General Information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the online Store with the Customer’s technical infrastructure.
  2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products available in the Store’s assortment is possible either after creating an Account in accordance with §6 of the Terms and Conditions or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
  3. The prices given in the Store are expressed in EURO (excluding VAT) or USD (excluding VAT) or GBP (including VAT) .
  4. The final (total) amount payable by the Customer consists of the price for the Product, the cost of delivery (including transport, delivery and postal service fees), the payments provider fees (optional)and currency spread fees (optional) about which the Customer is informed on the Store’s pages during the Order placement process, including at the moment of expressing the will to be bound by the Sales Agreement.
  5. In the case of an Agreement covering a subscription or services provided for an indefinite period, the final (total) price is the total price including all payments for the billing period.
  6. Where the nature of the subject of the Agreement does not allow, reasonably assessed, for prior calculation of the final (total) price, information on the method by which the price will be calculated, as well as on transport, delivery, postal services and other costs, will be provided in the Store in the Product description.

§6 Creating an Account in the Store

  1. In order to create an Account in the Store, the Registration Form must be completed.
  2. Creating an Account in the Store is free of charge.
  3. Logging into the Account is carried out by entering the login and password established in the Registration Form.
  4. The Customer has the possibility at any time, without giving any reason and without incurring any fees, to delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in §3.

§7 Rules for Placing an Order

In order to place an Order, the following steps should be taken:

  1. log in to the Store (optional),
  2. select the Product which is the subject of the Order, and then click the “Add to cart” button (or equivalent),
  3. complete the Order Form by entering the recipient’s data and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter invoice data (optional)
  4. select one of the available payment methods and, depending on the selected method of payment, pay for the order within the specified period, subject to §8.
  5. click the “Checkout” button / click the “Place Order” button

§8 Offered Methods of Delivery and Payment

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
    • courier shipment,
    • MAER transport services
  2. The Customer may use the following methods of payment:
    • payment by bank transfer to the Seller’s account,
    • electronic payments (Revolut Pay)
  3. Detailed information on delivery methods and acceptable payment methods are available on the Store’s website.

§9 Performance of the Sales Agreement

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the online Store in accordance with §7 of the Terms and Conditions.
  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Customer an appropriate e-mail message to the e-mail address provided during the Order placement, which contains at least statements of the Seller about receipt of the Order and its acceptance for execution as well as confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
  3. In the case of choosing by the Customer: a) payment by bank transfer, electronic payments, the Customer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be cancelled.
  4. If the Customer has chosen a method of delivery other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
  5. In the case of ordering Products with different delivery dates, the delivery date is the longest specified date.
  6. In the case of ordering Products with different delivery dates, the Customer has the option to request delivery of the Products in parts or delivery of all Products after completing the entire order.
  7. The beginning of the delivery period of the Product to the Customer is calculated as follows:
    1. in the case of choosing payment by bank transfer, electronic payments or payment card – from the date of crediting the Seller’s bank account;
  8. In the case of ordering Products with different readiness dates for collection, the readiness date for collection is the longest specified date.
  9. The beginning of the readiness period for collection of the Product by the Customer is calculated as follows: a) in the case of choosing payment by bank transfer, electronic payments or payment card – from the date of crediting the Seller’s bank account; b) in the case of choosing cash payment upon personal collection – from the date of conclusion of the Sales Agreement.
  10. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Delivery costs of the Product (including transport, delivery and postal service fees) are indicated to the Customer on the Store’s website in the “Delivery costs” tab and during the Order placement process, including at the moment of expressing the will to be bound by the Sales Agreement.

§10 Right of Withdrawal from the Contract

  1. The Buyer (Consumer and Entrepreneur with Consumer Rights) has the right to withdraw in writing from the concluded contract without giving any reason within 14 (in words: fourteen) days from the date of conclusion of the contract on the basis of the Act of 30 May 2014 (Journal of Laws 2014, item 827 as amended). In the case of written withdrawal from the contract, the Customer is obliged to return the goods within 14 (in words: fourteen) days.
  2. The right referred to above also applies to a natural person – an Entrepreneur with Consumer Rights, concluding a contract directly related to their business activity, when it follows from the content of this contract that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
  3. The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or a person indicated by them other than the carrier.
  4. In the case of an Agreement which covers multiple Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 runs from the delivery of the last item, batch or part.
  5. In the case of an Agreement which consists in the regular delivery of Products for a specified period (subscription), the period specified in paragraph 1 runs from taking possession of the first item.
  6. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the declaration before the expiry of that period.
  7. In the case of sending the declaration by the Consumer electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.
  8. In the case of withdrawal from a distance contract, the Agreement shall be considered as not concluded.
  9. In the case of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, all payments made by them, including the costs of delivery of the goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller.
  10. The Seller shall refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution which will not involve any costs for them.
  11. The Seller may withhold the refund until receipt of the Product back or until proof of its return has been provided, whichever occurs first.
  12. The Consumer should return the Product to the Seller’s address provided in these Terms and Conditions immediately, no later than within 14 days from the day on which they informed the Seller about withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
  13. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by normal post.
  14. The Consumer is liable only for the decrease in value of the Product resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the Product.
  15. The right to withdraw from a distance contract shall not apply to the Consumer in relation to Agreements: a) in which the subject of the performance is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs; b) in which the subject of the performance is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery.

§11 Complaints and Warranty

  1. The Sales Agreement covers new Products.
  2. The Seller is obliged to deliver to the Customer a Product free from defects.
  3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to lodge a complaint based on the provisions regarding warranty in the Civil Code.
  4. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
  5. The complaint should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions.
  6. It is recommended to include in the complaint, among others, a concise description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the goods.
  7. The Seller shall respond to the complaint request immediately, no later than within 14 days, and if they do not do so within this period, it is considered that the Customer’s request has been deemed justified.
  8. Goods returned under the complaint procedure should be sent to the address provided in §3 of these Terms and Conditions.

§12 Out-of-court Methods of Handling Complaints and Pursuing Claims

  1. Detailed information regarding the possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
    • http://www.uokik.gov.pl/spory_konsumenckie.php
    • http://www.uokik.gov.pl/sprawy_indywidualne.php
    • http://www.uokik.gov.pl/wazne_adresy.php
  2. The Consumer has the following exemplary possibilities of using out-of-court methods of handling complaints and pursuing claims:
    • The Consumer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), for the resolution of a dispute arising from the Agreement concluded with the Seller.
    • The Consumer is entitled to apply to the Voivodeship Inspector of Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
    • The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).

§13 Personal Data in the Online Store

  1. The administrator of Customers’ personal data collected via the online Store is the Seller.
  2. Customers’ personal data collected by the administrator via the online Store are collected for the purpose of performing the Sales Agreement, and if the Customer gives consent – also for marketing purposes.
  3. The recipients of the personal data of Customers of the online Store may be:
    • In the case of a Customer who uses the method of delivery by post or courier in the online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
    • In the case of a Customer who uses electronic payments or payment by payment card in the online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the online Store.
  4. The Customer has the right to access their data and to correct it.
  5. Providing personal data is voluntary, however failure to provide the personal data indicated in the Terms and Conditions necessary to conclude the Sales Agreement results in the inability to conclude that agreement.

§14 Final Provisions

  1. Agreements concluded via the online Store are concluded in the Polish and English language.
  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in legal regulations, changes in methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer about each change at least 7 days in advance.
  3. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights; the Act on the protection of personal data.
  4. The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, they may file a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/
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