ONLINE STORE REGULATIONS
MADEJ CARPORT
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- CONDITIONS FOR CONCLUDING A SALE AGREEMENT
- PAYMENT METHODS AND DEADLINES
- DELIVERY AND PICKUP COSTS, METHODS AND DEADLINES
- COMPLAINT HANDLING PROCEDURE
- OUT-OF-COURT DISPUTE RESOLUTION AND CLAIMS PROCEDURES
- RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- PROVISIONS CONCERNING ENTREPRENEURS
- PRODUCT REVIEWS
- ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLYING WITH THE REGULATIONS
- FINAL PROVISIONS
- EXAMPLE WITHDRAWAL FORM
This Online Store Regulations have been prepared by the lawyers from Prokonsumencki.pl. The Online Store www.madejcarport.de cares about consumer rights. A consumer cannot waive any rights granted by the Consumer Rights Act. Provisions in agreements less favorable to the consumer than those in the Consumer Rights Act are invalid, and in their place, the provisions of the Consumer Rights Act apply. Therefore, the provisions of these Regulations do not aim to exclude or limit any rights of consumers provided by mandatory legal regulations, and any doubts should be interpreted in favor of the consumer. In case of any inconsistency between the provisions of these Regulations and the above-mentioned regulations, the latter take precedence and should be applied.
GENERAL PROVISIONS
1.1. The Online Store available at www.madejcarport.de is operated by Paula Madej, conducting business under the name MADEJ STAL PAULA MADEJ, registered in the Central Register and Information on Economic Activity of the Republic of Poland, with the following contact details: business address and address for correspondence: ul. Łąkowa 2, 66-436 Lemierzyce, NIP 4290007313, REGON 380395828, email: kontakt@madejcarport.de, phone: +48 512 159 233 or +49 163 5270606.
1.2. These Regulations apply to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Regulations states otherwise.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of these Regulations is the Seller. Personal data is processed for the purposes, for the period, and based on the grounds and principles outlined in the privacy policy published on the Online Store’s website. The privacy policy contains the rules for processing personal data, including the basis, purposes, and period of data processing, as well as the rights of data subjects.
1.4. Definitions:
1.4.1. DIGITAL SERVICES ACT – Regulation (EU) 2022/2065 of the European Parliament and the Council of October 19, 2022, on the Digital Markets Act and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277 of 27.10.2022, pp. 1-102).
1.4.2. WORKING DAY – a day from Monday to Friday, excluding statutory holidays.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store allowing the placement of an order, particularly through adding products to the electronic shopping cart and defining the terms of the Sales Agreement, including delivery method and payment.
1.4.4. CLIENT – (1) a natural person with full legal capacity, and in cases specified by applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality granted legal capacity by law – that has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. NEWSLETTER – an Electronic Service, a distribution service provided by the Service Provider via email, which allows all users to automatically receive periodic editions of the newsletter containing information about products, new arrivals, and promotions in the Online Store.
1.4.7. ILLEGAL CONTENT – information that is contrary to the laws of the European Union or any Member State that complies with EU law, regardless of the specific subject or nature of the law.
1.4.8. PRODUCT – a movable item available in the Online Store, the subject of the Sales Agreement between the Client and the Seller.
1.4.9. REGULATIONS – these Regulations of the Online Store.
1.4.10. ONLINE STORE – the Seller’s online store available at www.madejcarport.de.
1.4.11. SELLER, SERVICE PROVIDER – Paula Madej conducting business under the name MADEJ STAL PAULA MADEJ.
1.4.12. SALES AGREEMENT – a contract for the sale of a product concluded or to be concluded between the Client and the Seller through the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User via the Online Store.
1.4.14. USER – (1) a natural person with full legal capacity, and in cases specified by applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality granted legal capacity by law – using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014, item 827, as amended).
1.4.16. ORDER – the Client’s declaration of intent submitted via the Order Form aimed directly at concluding the Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Order Form and Newsletter.
2.1.1. Order Form – the use of the Order Form begins when the Client adds the first Product to the electronic shopping cart in the Online Store. The order is placed after the Client completes two steps: (1) filling in the Order Form and (2) clicking the “Confirm purchase” button on the Store’s website after completing the Order Form. Up until this point, the Client can modify the entered data by following the displayed messages and available information on the Online Store’s website. The Order Form requires the Client to provide the following data: first and last name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and Sales Agreement details: Product(s), quantity, delivery location and method, and payment method. In the case of Clients who are not consumers, the company name and VAT number are also required.
2.1.1.1. The Order Form is provided free of charge and is a one-time service that is completed once the Order is placed via the form or if the Client cancels the order.
2.1.2. Newsletter – to use the Newsletter service, the Client must enter their email address in the “Newsletter” section on the Online Store’s website and click “Subscribe.” Clients can also subscribe to the Newsletter when placing an order by checking the appropriate checkbox during the Order process. By submitting an order, the Client is automatically subscribed to the Newsletter.
2.1.2.1. The Newsletter service is provided free of charge and for an indefinite period. The User may unsubscribe at any time without giving a reason by sending an appropriate request to the Service Provider, particularly via email to kontakt@madejcarport.de or by mail to ul. Łąkowa 2, 66-436 Lemierzyce.
2.2. Technical requirements necessary to use the Service Provider’s IT system: (1) a computer, laptop, or other multimedia device with internet access; (2) access to email; (3) an updated web browser: Mozilla Firefox, Opera, Google Chrome, Safari, or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and JavaScript support in the browser.
2.3. The User is obliged to use the Online Store in accordance with the law and good manners, respecting personal rights and intellectual property rights of the Service Provider and third parties. The User is also obliged to provide accurate data and is prohibited from submitting unlawful content, including Illegal Content.
2.4. The complaint procedure for Electronic Services is specified in section 6 of these Regulations.
3. CONDITIONS FOR CONCLUDING A SALE AGREEMENT
3.1. The Sales Agreement between the Client and the Seller is concluded after the Client places an Order via the Order Form in the Online Store, in accordance with section 2.1.1 of these Regulations.
3.2. The price of the Product or the remuneration for the Product displayed on the Online Store’s website is given in Polish zloty and includes taxes. The Client is informed about the total price, including taxes, delivery costs (including transport, delivery, or postal service fees), and other costs, or if the amount of these costs cannot be determined in advance, the obligation to pay them. The Client is informed about this on the Online Store’s website, including during the Order process and when expressing their intention to enter into the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement via the Order Form:
3.3.1. The Sales Agreement between the Client and the Seller is concluded after the Client places an Order via the Order Form in the Online Store, in accordance with section 2.1.1 of these Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. The confirmation of receipt and acceptance of the Order is done by sending an email to the Client’s email address provided during the Order process. This email contains at least the Seller’s statement about receiving the Order, its acceptance for processing, and confirmation of the conclusion of the Sales Agreement. Once the Client receives this email, the Sales Agreement is concluded.
3.4. The content of the concluded Sales Agreement is made available to the Client by (1) providing these Regulations on the Online Store’s website and (2) sending the Client the confirmation email as mentioned in section 3.3.2. The content of the Sales Agreement is also recorded and secured in the Seller’s IT system.
4. PAYMENT METHODS AND DEADLINES
4.1. The Seller provides the following payment methods for the Sales Agreement:
4.1.1. Cash on delivery when picking up the Product in person.
4.1.2. Payment by bank transfer to the Seller’s bank account.
4.1.3. Electronic payments and card payments via the Przelewy24.pl, PayU.pl, and PayPal.com services – the currently available payment methods are specified on the Online Store’s website during the Order process and on the following websites: https://www.przelewy24.pl, https://www.payu.pl, https://www.paypal.com.
4.1.3.1. The electronic and card payments are processed via Przelewy24.pl, PayU.pl, or PayPal.com.
4.1.3.1.1. Przelewy24.pl – PayPro S.A., located in Poznań, Poland.
4.1.3.1.2. PayU.pl – PayU S.A., located in Poznań, Poland.
4.1.3.1.3. PayPal.com – PayPal (Europe) S.à r.l. & Cie, S.C.A., located in Luxembourg.
4.2. Payment deadline:
4.2.1. If the Client chooses payment by bank transfer, electronic payment, or card payment, the Client is required to make the payment within 7 calendar days from the conclusion of the Sales Agreement.
4.2.2. If the Client chooses cash on delivery, the payment is due when the Product is picked up.
5. COST, METHODS, AND DEADLINES FOR DELIVERY AND PICKUP OF THE PRODUCT
5.1. Delivery of the Product to the Client is subject to a fee unless the Sales Agreement provides otherwise. The costs of delivery (including transport, delivery, and postal service fees) are indicated to the Client on the Online Store’s website on the Product page and during the Order process, including when the Client expresses their intention to enter into the Sales Agreement. If the delivery costs cannot be specified during the Order process, the Client is at least informed about the obligation to pay these costs, which will require individual agreement with the Seller.
5.2. The in-person pickup of the Product is free of charge.
5.3. The Seller provides the following delivery or pickup methods for the Product:
5.3.1. Courier service.
5.3.2. Pallet delivery.
5.3.3. Seller’s own transport.
5.3.4. Freight transport.
5.3.5. In-person pickup at: ul. Łąkowa 2, 66-436 Lemierzyce – on business days from 08:00 to 15:00.
5.4. The above-mentioned delivery or pickup methods may not be available for all Products at the same time, depending on the type of Product (its dimensions and properties) and the delivery address. The current information on available delivery or pickup methods is provided each time during the Client’s Order process and may be subject to individual arrangements between the Client and the Seller.
5.5. The delivery time for the Product to the Client is from 4 to 90 business days unless a shorter time is specified in the Product description or during the Order process. In the case of Products with different delivery times, the longest delivery time applies, but it cannot exceed 90 business days. The delivery time begins to count as follows:
5.5.1. If the Client chooses payment by bank transfer, electronic payment, or card payment – from the day the Seller’s bank account or settlement account is credited.
5.6. The readiness of the Product for pickup by the Client – in the case of choosing in-person pickup, the Product will be ready for pickup within 4 to 90 business days, unless a shorter time is specified in the Product description or during the Order process. In the case of Products with different readiness times for pickup, the longest readiness time applies, but it cannot exceed 90 business days. The Seller will additionally inform the Client when the Product is ready for pickup. The readiness time begins to count as follows:
5.6.1. If the Client chooses payment by bank transfer, electronic payment, or card payment – from the day the Seller’s bank account or settlement account is credited.
5.6.2. If the Client chooses cash on delivery – from the day the Sales Agreement is concluded.
5.7. The Client’s primary obligation under the Sales Agreement is to pay the price and timely pick up the Product from the Seller. Failure to fulfill this obligation may result in liability for the Client and entitle the Seller to claim damages for the incurred costs (e.g., for an undelivered package or extended unloading time) under the general principles of the Civil Code.
5.8. In the case of delivery by freight transport or the Seller’s own transport, unloading the Product is the Client’s responsibility. The delivery service’s obligation is to release the Product from the truck or vehicle at the delivery location specified in the Order, and the Client is required to unload it within 2 hours of delivery.
5.9. In the case of delivery by an external courier company, the Seller requests that the Client checks the condition of the package before unloading and immediately reports any damage to the courier and requests a damage report. If damage or loss is discovered after the package has been delivered, the Client may request a damage report from the courier within 7 days of receiving the package. The damage report is necessary for a claim against the carrier. Failure to follow these instructions does not exclude or limit the Seller’s statutory liability for non-compliance of the Product with the Sales Agreement.
5.10. In the case of unforeseen obstacles in delivering the Product due to reasons attributable to the Seller (e.g., force majeure events), the Seller will promptly inform the Client and ensure delivery as soon as possible after the obstacles are removed. This does not affect the Client’s statutory rights, particularly regarding the right of withdrawal without giving a reason as specified in section 8 of these Regulations.
6. COMPLAINT PROCEDURE
6.1. This section of the Regulations outlines the complaint procedure for all complaints submitted to the Seller, especially those related to Products, Sales Agreements, Electronic Services, and other complaints associated with the Seller’s or Online Store’s operations.
6.2. A complaint can be submitted:
6.2.1. In writing to: ul. Łąkowa 2, 66-436 Lemierzyce;
6.2.2. Electronically via email to: kontakt@madejcarport.de.
6.3. The Product can be returned under a complaint to: ul. Łąkowa 2, 66-436 Lemierzyce.
6.4. It is recommended to include in the complaint description: (1) information and circumstances regarding the complaint, particularly the type and date of the issue or non-compliance with the contract; (2) the requested method to bring the product into compliance, or a statement requesting a price reduction or withdrawal from the agreement, or other claims; and (3) contact details for the complainant – this will help expedite the process. These requirements are only recommendations and do not affect the effectiveness of complaints submitted without the recommended details.
6.5. If the contact details provided by the complainant change during the complaint process, the complainant is required to inform the Seller.
6.6. The complainant may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint. The Seller may also ask the complainant for additional information or evidence (e.g., photos) to facilitate and expedite the processing of the complaint.
6.7. The Seller will respond to the complaint promptly, no later than 14 calendar days from its receipt.
7. OUT-OF-COURT COMPLAINT RESOLUTION METHODS AND CLAIMS
7.1. Methods of resolving disputes without court involvement include, among others, (1) enabling the parties to reach a compromise, for example through mediation; (2) offering a dispute resolution, such as conciliation; and (3) resolving a dispute and imposing the solution, for example through arbitration (an arbitration court). Detailed information regarding the possibility for a consumer Client to use out-of-court dispute resolution methods and claim procedures, access rules for these procedures, and a user-friendly search engine for entities involved in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/.
7.2. A contact point operates within the President of the Office of Competition and Consumer Protection, whose tasks include providing information to consumers about out-of-court resolution of consumer disputes. The contact point can be reached by:
(1) telephone – by calling 22 55 60 332 or 22 55 60 333;
(2) email – by sending a message to: kontakt.adr@uokik.gov.pl; or
(3) by letter or in person at the Office’s headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. The consumer has the following example options to use out-of-court dispute resolution methods and pursue claims: (1) application for dispute resolution to a permanent consumer arbitration court; (2) application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection; or (3) help from a district (municipal) consumer ombudsman or a social organization whose statutory duties include consumer protection (e.g., the Federation of Consumers, the Association of Polish Consumers). Advice can be provided, among other ways, by email at porady@dlakonsumentow.pl or by calling the consumer hotline 801 440 220 (the hotline is open on business days from 8:00 to 18:00, and the cost of the call depends on the operator’s tariff).
7.4. The European Union’s online dispute resolution platform (ODR platform) is available at: http://ec.europa.eu/odr. This platform is an interactive and multilingual website with a service point for consumers and businesses seeking out-of-court dispute resolution regarding contractual obligations arising from an online sales agreement or a service agreement (more information is available on the platform’s website or at the Office of Competition and Consumer Protection’s site: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
8.1. The right of withdrawal from the Sales Agreement does not apply to the consumer in relation to contracts for Products that are not prefabricated, produced according to the consumer’s specifications, or intended to satisfy their personalized needs.
8.2. Subject to the exceptions mentioned in sections 8.1 and 8.11 of these Regulations, the consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring any costs, except for the costs specified in section 8.10 of these Regulations. To comply with the deadline, it is sufficient to send a statement before its expiration. The withdrawal statement can be submitted, for example:
8.2.1. In writing to: ul. Łąkowa 2, 66-436 Lemierzyce;
8.2.2. Electronically by email to: kontakt@madejcarport.de.
8.3. The Product can be returned under withdrawal from the agreement to: ul. Łąkowa 2, 66-436 Lemierzyce.
8.4. A sample withdrawal form is provided in Appendix 2 to the Consumer Rights Act and is also available in section 13 of these Regulations. The consumer may use the form, but it is not mandatory.
8.5. The period for withdrawal from the agreement starts:
8.5.1. For a contract where the Seller is obliged to deliver the Product and transfer its ownership – from the day the consumer or a third party designated by them (other than the carrier) takes possession of the Product; if the contract involves several Products delivered separately, in batches, or in parts – from the day the consumer takes possession of the last Product, batch, or part, or if the contract involves regular delivery of Products over a specified period – from the day the consumer takes possession of the first Product;
8.5.2. For other contracts – from the day the contract is concluded.
8.6. In the case of withdrawal from a distance contract, the contract is considered not concluded.
8.7. The Seller is obliged to refund the consumer all payments, including the costs of delivering the Product (except for additional costs resulting from the consumer’s choice of a delivery method other than the cheapest standard delivery method available in the Online Store) promptly, but no later than 14 calendar days from the day the Seller receives the consumer’s withdrawal statement. The Seller will make the refund using the same payment method used by the consumer, unless the consumer has explicitly agreed to another method that does not incur any costs. If the Seller did not propose to collect the Product from the consumer, they may withhold the refund until the Product is returned or until the consumer provides proof of return, whichever occurs earlier.
8.8. The consumer is obliged to return the Product to the Seller promptly, no later than 14 calendar days from the day they withdrew from the agreement, or hand it over to a person authorized by the Seller to collect it, unless the Seller proposed to collect it themselves. To comply with the deadline, it is sufficient to send the Product before it expires.
8.9. The consumer is responsible for any diminished value of the Product resulting from its use beyond what was necessary to establish the nature, characteristics, and functioning of the Product. The Seller may deduct from the amount refunded to the consumer for the diminished value of the Product based on the provisions of the Civil Code.
8.10. Possible costs related to the consumer’s withdrawal from the agreement, which the consumer must bear:
8.10.1. If the consumer selected a delivery method other than the cheapest standard delivery option available in the Online Store, the Seller is not obligated to refund the consumer the additional costs.
8.10.2. The consumer bears the direct costs of returning the Product. For Products that cannot be returned by regular mail (e.g., bulky items), the consumer may incur higher return shipping costs.
8.10.3. In the case of services that began – at the consumer’s express request – before the withdrawal period, the consumer must pay for the services performed until the moment of withdrawal. The amount to be paid is calculated proportionally to the services rendered, based on the agreed price or remuneration.
8.11. The right of withdrawal does not apply to the consumer in relation to contracts:
8.11.1. (1) for the supply of services where the consumer is required 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 service started that after the performance of the service, they would lose the right of withdrawal, and the consumer acknowledged this; (2) where the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control, and which may occur before the withdrawal period expires; (3) for the supply of Products that are not prefabricated, produced according to the consumer’s specifications, or intended to satisfy their personalized needs; (4) for Products that are perishable or have a short shelf life; (5) for Products delivered in sealed packaging that cannot be returned for health or hygiene reasons if the packaging has been opened after delivery; (6) for Products that, by their nature, become inseparably combined with other goods after delivery; (7) for alcoholic beverages where the price was agreed at the time of concluding the Sales Agreement and delivery can only take place after 30 days, and their value depends on market fluctuations outside the Seller’s control; (8) for services that the consumer has explicitly requested to be performed at their home for urgent repairs or maintenance; (9) for recordings or software provided in sealed packaging if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals, or magazines, except for subscription contracts; (11) concluded at a public auction; (12) for accommodation services other than for residential purposes, transport of goods, car rental, catering services, services related to leisure activities, entertainment, or sports events, when the contract specifies a date or period for service provision; (13) for the supply of digital content not provided on a physical medium, for which the consumer must pay, if the Seller started providing the service with the consumer’s express and prior consent, and the consumer was informed before the service started that after the service was performed, they would lose the right of withdrawal.
8.12. The provisions in section 8 regarding the consumer apply from January 1, 2021, and to agreements concluded from that date also to Service Users or Clients who are individuals entering into contracts directly related to their business activities, if the contract does not have a professional character, based on the subject of their business activities recorded in the Central Registration and Information on Business Activity.
9. PROVISIONS FOR ENTREPRENEURS
9.1. This section 9 of the Regulations and all provisions contained therein apply exclusively to Clients or Service Users who are not consumers. Furthermore, from January 1, 2021, and for contracts concluded from that date, this section and all provisions therein do not apply to Clients or Service Users who are individuals entering into contracts directly related to their business activities, if the contract does not have a professional character, based on the subject of their business activity disclosed in the Central Registration and Information on Business Activity, unless the application of these provisions is not prohibited for such individuals.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case can take place without providing any reason and does not give rise to any claims against the Seller by the Client.
9.3. The Seller’s liability for product defects or lack of conformity with the Sales Agreement is excluded.
9.4. The Seller will respond to complaints within 30 calendar days from the date of their receipt.
9.5. The Seller has the right to limit available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Client and the conclusion of the Sales Agreement.
9.6. The Service Provider may terminate the Electronic Service Agreement with immediate effect and without providing reasons by sending a relevant statement to the Service User.
9.7. Any delays or failure by the Seller to meet the terms of the Sales Agreement will not be grounds for the Client to withdraw from the agreement or claim compensation for damages or any equivalent payments if the non-performance or improper performance was caused by factors for which the Seller is not responsible and did not contribute to.
9.8. The liability of the Service Provider/Seller to the Service User/Client, regardless of its legal basis, is limited – both for individual claims and for all claims in total – to the amount of the paid price and delivery costs for the Sales Agreement, but not exceeding the amount of one thousand zlotys. This limitation applies to any claims by the Service User/Client against the Service Provider/Seller, including cases of no Sales Agreement concluded or matters not related to the Sales Agreement. The Service Provider/Seller is only liable to the Service User/Client for typical damages foreseeable at the time the agreement was concluded and is not liable for any lost profits. The Seller is also not liable for delays in shipping the goods.
9.9. The Seller delivers the Product to the Client in the form it was produced in accordance with the Sales Agreement, including the description available on the Online Store’s website, and thus the Seller makes no explicit or implied assurances regarding specific uses of the Product or its usefulness for the Client’s business or professional activities. The Seller is not responsible for damages caused directly or indirectly by the functioning of the Product, including damages caused by its inability to be used, work interruptions, and any incidental or special damages of any kind, including loss of profits or reduction of costs, regardless of whether the Seller was informed of the possibility of such damages.
9.10. Any disputes between the Seller/Service Provider and the Client/Service User will be submitted to the court competent based on the location of the Seller/Service Provider.
10. PRODUCT REVIEWS
10.1. The Seller does not enable the posting or accessing of reviews of Products by Clients through the Online Store.
11. ILLEGAL CONTENT AND OTHER CONTENT NOT IN COMPLIANCE WITH THE REGULATIONS
11.1. This section of the Regulations contains provisions resulting from the Digital Services Act with respect to the Online Store and the Service Provider. The Service User is not generally required to submit content while using the Online Store unless the Regulations require certain data to be provided (e.g., data for placing an Order). In any case, when submitting content, the Service User is obliged to comply with the principles contained in the Regulations.
11.2. CONTACT POINT – The Service Provider designates the email address kontakt@madejcarport.de as the single contact point. This contact point enables direct communication between the Service Provider and the authorities of Member States, the European Commission, and the Digital Services Council, as well as allows Service Users to communicate directly, promptly, and conveniently with the Service Provider for the purposes of the Digital Services Act. The Service Provider designates both Polish and German as the languages for communication with its contact point.
11.3. Reporting Illegal Content and Actions in Accordance with Article 16 of the Digital Services Act:
11.3.1. Any person or entity may report to the Service Provider the presence of specific information that they consider to be Illegal Content by sending an email to kontakt@madejcarport.de.
11.3.2. The report should be sufficiently precise and adequately justified. To this end, the Service Provider enables and facilitates the submission of reports to the above email address containing all the following elements: (1) a sufficiently justified explanation of why the person or entity is claiming that the reported information constitutes Illegal Content; (2) clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling identification of the Illegal Content, depending on the type of content and service; (3) the name and contact email of the person or entity making the report, except for reports related to information that is connected to one of the crimes listed in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the person or entity making the report that the information and allegations contained therein are correct and complete.
11.3.3. The report, as described above, constitutes grounds for obtaining actual knowledge or notice for the purposes of Article 6 of the Digital Services Act in relation to the information reported, provided it allows the Service Provider, acting with due diligence, to ascertain – without the need for detailed legal analysis – the illegal nature of the activity or information.
11.3.4. If the report includes the contact details of the person or entity making the report, the Service Provider will promptly send a confirmation of receipt of the report to such person or entity. The Service Provider will also promptly notify the person or entity of its decision regarding the information reported, providing information about the possibility of appealing the decision.
11.3.5. The Service Provider considers all reports received through the mechanism mentioned above and makes decisions regarding the reported information in a timely, non-arbitrary, and objective manner with due diligence. If automated tools are used for such review or decision-making, the Service Provider will provide information about this in the notification.
11.4. Information about Restrictions Imposed by the Service Provider in Connection with the Use of the Online Store Regarding Content Submitted by Service Users:
11.4.1. The following rules apply to the Service User when submitting any content within the Online Store:
11.4.1.1. The obligation to use the Online Store, including submitting content (e.g., in the context of placing an Order), in accordance with its intended use, these Regulations, and in compliance with the law and good practices, respecting the personal rights and intellectual property rights of the Service Provider and third parties.
11.4.1.2. The obligation to submit content that is factual and not misleading.
11.4.1.3. A ban on submitting unlawful content, including Illegal Content.
11.4.1.4. A ban on sending unsolicited commercial information (spam) through the Online Store.
11.4.1.5. A ban on submitting content that violates commonly accepted netiquette rules, including vulgar or offensive content.
11.4.1.6. The obligation to hold, if necessary, all required rights and permits to submit such content on the Online Store pages, including copyright or necessary licenses, permits, and consents for its use, dissemination, sharing, or publication, especially the right to publish and distribute within the Online Store and the right to use and distribute images or personal data in the case of content that includes images or personal data of third parties.
11.4.1.7. The obligation to use the Online Store in a manner that does not pose a security risk to the teleinformation system of the Service Provider, the Online Store, or third parties.
11.4.2. The Service Provider reserves the right to moderate content submitted by Service Users on the Online Store pages. Moderation is conducted in good faith and with due diligence, either at the Service Provider’s initiative or following a report, in order to detect, identify, and remove Illegal Content or other content that does not comply with these Regulations or to prevent access to such content, or to take necessary measures to comply with European Union law, national law compatible with European Union law, or the Regulations.
11.4.3. The moderation process may be performed manually by a person or based on automated or partially automated tools to assist the Service Provider in identifying Illegal Content or other content not in compliance with the Regulations. After identifying such content, the Service Provider will decide whether to remove or prevent access to the content or take other necessary actions, such as contacting the Service User to clarify concerns and amend the content. The Service Provider will inform the Service User, who submitted the content (if contact details are available), about its decision, reasons for it, and available options for appealing the decision.
11.4.4. When performing its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due care, in an objective and proportionate manner, and with due regard for the rights and legally justified interests of all parties involved, including the Service Users, while respecting the rights laid down in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
11.5. Any comments, complaints, appeals, or objections regarding the decisions or actions (or lack of action) taken by the Service Provider based on the received report or decisions made by the Service Provider in accordance with these Regulations can be submitted in a manner similar to the complaint procedure outlined in section 6 of these Regulations. Using this procedure is free of charge and allows submitting complaints electronically to the provided email address. Using the procedure for submitting and addressing complaints does not affect the right of the individual or entity to initiate proceedings before the court and does not violate their other rights.
11.6. The Service Provider will consider all comments, complaints, appeals, or objections regarding the decisions or actions (or lack of action) taken by the Service Provider based on the received report or decision in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other submission contains sufficient reasons for the Service Provider to believe that its decision not to take action in response to the submission is unjustified or that the information in question is not unlawful and does not violate the Regulations, or contains information suggesting that the action taken by the complainant does not justify the measure taken, the Service Provider will promptly overturn or modify its decision regarding the removal or prevention of access to the content, or will take other necessary actions.
11.7. Service Users, individuals, or entities who submitted reports about Illegal Content or content that violates the Regulations, which are subject to the Service Provider’s decisions regarding such content, have the right to choose any non-judicial dispute resolution body certified by the Digital Services Coordinator of the Member State to resolve disputes related to these decisions, including complaints not resolved within the Service Provider’s internal system for handling complaints.
12. FINAL PROVISIONS
12.1. Contracts concluded via the Online Store are concluded in Polish.
12.2. Changes to the Regulations:
12.2.1. The Service Provider reserves the right to amend these Regulations for valid reasons, such as changes in the law; changes in payment or delivery methods or deadlines; the need to comply with legal or regulatory obligations; changes in the scope or form of the Electronic Services provided; the addition of new Electronic Services; or to prevent unforeseen and direct threats related to the protection of the Online Store, including Electronic Services and Service Users/Clients against fraud, malicious software, spam, data breaches, or other cybersecurity risks – to the extent that these changes affect the implementation of these Regulations.
12.2.2. Notification of proposed changes will be sent at least 15 days before the changes take effect, unless the change must be implemented immediately due to the Service Provider being legally or regulatory obligated to change the Regulations in a way that prevents the 15-day notification period, or if the change is necessary to prevent unforeseen and immediate threats to the protection of the Online Store, including Electronic Services and Service Users/Clients against fraud, malicious software, spam, data breaches, or other cybersecurity threats. In these two last cases, the changes will take effect immediately, unless it is possible or necessary to apply a longer implementation period, in which case the Service Provider will notify accordingly.
12.2.3. In the case of continuous agreements (e.g., providing Electronic Services such as the Newsletter), the Service User has the right to terminate the agreement with the Service Provider before the notification period expires. Such termination becomes effective 15 days from the date of receiving the notification. If the agreement is of a continuous nature, the amended Regulations will bind the Service User if they have been properly notified of the changes and have not terminated the agreement during the notification period. Furthermore, after receiving the notification about the changes, the Service User may accept the changes and discontinue the notification period. For agreements other than continuous agreements, changes to the Regulations will not affect any acquired rights of the Service User before the changes take effect, including already placed Orders and concluded or executed Sales Agreements.
12.2.4. In the event that the change to the Regulations introduces new fees or raises current ones, the consumer has the right to withdraw from the agreement.
12.3. In matters not regulated by these Regulations, the applicable provisions of Polish law, including the Civil Code, the Electronic Services Act of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended), the Consumer Rights Act, and other applicable provisions of Polish law, shall apply.
12.4. These Regulations do not exclude the provisions in the country of the consumer’s usual residence, which cannot be excluded by agreement. The Service Provider/Seller guarantees the consumer the protection provided by those provisions that cannot be excluded by agreement.
13. TEMPLATE FOR WITHDRAWAL FROM THE CONTRACT
(Annex No. 2 to the Consumer Rights Act)
Withdrawal Form
(This form should be completed and sent only if you wish to withdraw from the contract)
– Addressee:
MADEJ STAL PAULA MADEJ
ul. Łąkowa 2, 66-436 Lemierzyce
madejcarport.de
kontakt@madejcarport.de
– I/We () hereby inform you of my/our withdrawal from the sales contract of the following goods () or contract of delivery of the following goods () or contract for the performance of the following goods () /for the provision of the following service (*)
– Date of contract conclusion () / receipt ()
– Consumer’s name and surname(s)
– Consumer’s address
– Signature of the consumer(s) (only if the form is sent in paper form)
– Date
(*) Delete as applicable.