loading
please wait
Online Store Regulations
These regulations determine, in particular, the rules for: using the online store www.mensahome.eu, placing orders for goods available in the online store www.mensahome.eu, shipping ordered goods, payment for ordered goods, order cancellation, withdrawal from the contract, and submitting and processing complaints.
§ I. SELLER
The online store mensahome.eu located at the website www.mensahome.eu enables purchasing from the Seller via the Internet.
Seller:
MENSAHOME.COM Ltd. with its registered office in Leszno, ul. Słowiańska 22, 64-100 Leszno, District Court Poznań – Nowe Miasto and Wilda in Poznań, 9th Economic Department of the National Court Register, KRS 0000445223, VAT ID 6972307261, REGON 302317683.
Customer Service Office:
ul. Balonowa 49, 64-100 Leszno
Tel: 731-369-369 (helpline available from Monday to Friday, 7:30 am - 3:30 pm)
Email: sklep@mensahome.eu
§ II. ORDERS
1. Information presented on the website www.mensahome.eu – including, among others, photos, descriptions, technical and functional parameters, and prices – constitutes commercial information within the meaning of the Civil Code.
2. To place an order (purchase offer) through the online store www.mensahome.eu, the Buyer must select the product(s) (by adding them to the "Cart") and fill out the address form, then send the order (purchase offer) to the Seller by pressing the "Place Order with Payment Obligation" button.
The Buyer will receive an automatic email confirmation from the Seller, acknowledging that the Seller has received the order: Order has been placed at MensaHome.eu/ Order Receipt Confirmation. The Order Receipt Confirmation does not signify acceptance of the order (purchase offer) sent by the Buyer.
The Seller's acceptance of the order (purchase offer) will be confirmed by sending the Buyer an email confirming the order acceptance: Order has been sent for processing/Order Acceptance Confirmation. In case of doubt, it is assumed that the sales contract was concluded at the moment the Seller sent the Order Acceptance Confirmation to the Buyer.
3. Prices of all goods in the online store www.mensahome.eu are gross prices (including VAT) and are expressed in Polish zlotys. In the case not specified otherwise in § V item 3, the cost of shipping and cash-on-delivery payment (if chosen) should be added to the price of ordered goods, calculated based on § V point 3 of these regulations.
The Seller does not employ individual price adjustment mechanisms based on automated decision-making.
Whenever informing about a price reduction of a product or service, alongside the information about the reduced price, the Seller will also display the information about the lowest price of that product or service, applicable for 30 days before the reduction was introduced.
For products or services offered for sale for less than 30 days, information about the reduced price will also include the lowest price of that product or service, applicable from the day it was introduced for sale to the day the reduction was introduced.
In the case of goods that spoil quickly or have a short shelf life, information about the reduced price will also include the price prior to the first reduction, subject to the conditions mentioned in the two preceding sentences.
4. Promotional campaigns, special promotions, and sales related to goods available in the online store www.mensahome.eu do not combine.
5. A sales document is issued for each order, which is enclosed with the shipping document.
6. The Buyer is obligated to correctly fill out the address form on the website www.mensahome.eu with personal data (name and surname/business name, residential address/registered office, email, telephone, delivery address if different from the residential address/registered office, tax identification number for businesses) necessary for verification by the Seller for the correct processing and fulfillment of the order.
7. Orders for goods available in the online store www.mensahome.eu can be placed 24 hours a day, 7 days a week, via the website www.mensahome.eu or by email at sklep@mensahome.eu. Order processing takes place on business days from 8:00 am to 4:00 pm.
8. Goods available in the store are items that can be added to the "Cart." The Buyer can inquire about the availability of a product by emailing the Seller at sklep@mensahome.eu. Within a few days, the Buyer will receive a message with information about the expected availability of the product in the online store www.mensahome.eu.
9. Buyers who wish to cancel an order before receiving the message "Order has been sent for processing" / "Order Acceptance Confirmation" are requested to notify their cancellation by email to: sklep@mensahome.eu.
10. Placing an Order (Purchase Offer) by the Buyer:
a. The Buyer can browse products on the website www.mensahome.eu.
b. The selected products can be added to the cart (if available in the online store) by clicking the "Add to Cart" button.
c. To view the cart's contents, the Buyer needs to click on the cart icon.
d. The quantity of individual items in the cart can be changed. To remove a selected item, the "Remove" button should be clicked.
e. If the Buyer has a discount coupon, the coupon number should be entered in the "Discount Coupon" field.
f. To finalize the product selection, the Buyer should choose the delivery method and then click the "Proceed" button, or they can continue selecting products by clicking the "Back to Store and Add More Products" button.
g. After proceeding to the "Address and Personal Details" stage, the Buyer is asked to complete the Address Form, and upon completion, click the "Proceed" button.
h. At the "Order Preview" stage, a summary of the order will be displayed:
• Ordered products,
• Quantity of ordered products,
• Total price,
• Delivery method,
• Estimated delivery time.
i. The Buyer who wishes to send the order to the Seller (submit a purchase offer for products in the "Cart") should press the "Place Order with Payment Obligation" button, which obligates the Buyer to pay the amount indicated in the "Summary" field.
j. At the "Payment" stage, the Buyer is prompted to choose a payment method.
k. Receipt of the order by the Seller is confirmed with an automatic confirmation message ("Order has been placed at MensaHome.eu/Order Receipt Confirmation") sent to the Buyer's email address provided in the address form.
11. Information on the store's website pages indicates, among other things, the functionality of products with digital elements, digital content, or digital services, and the technical means of their protection, as well as the compatibility and interoperability of products with digital elements, and the interoperability of digital content or digital services.
§ III. ACCOUNT
1. Each Buyer can create an individual account on the online store www.mensahome.eu. Creating an account is not required to make purchases on the online store www.mensahome.eu.
2. By creating an account on the online store www.mensahome.eu, the Buyer gains the ability to easily edit their data and access additional options:
a. Ability to place orders without re-entering personal data,
b. Viewing purchase history,
c. Monitoring the status of placed orders.
3. Registering an account on the online store www.mensahome.eu is done by the Buyer filling out an electronic registration form, which includes the following data:
a. For Consumers: name, date of birth, residential address, phone number, email, password,
b. For businesses and other entities: name, registered office address, VAT ID, REGON, phone number, and name and surname of the representative, email, password.
4. Providing data is voluntary but necessary for registration.
5. Account registration will be confirmed via email sent to the email address provided in the electronic registration form.
§ IV. SHIPPING
1. Each product includes information about the time required for its dispatch. The dispatch date of a package is determined by the product that requires the longest waiting time.
The order processing time starts from the moment the order is placed until it is dispatched from our warehouse. For orders paid via traditional bank transfer, the processing time starts from the moment we receive the payment confirmation.
All timeframes are calculated based on business days. Orders placed on holidays and weekends are processed on the first available business day.
2. If the Buyer has chosen payment through an installment system, the Seller makes every effort to dispatch the available goods within the time frame of the longest waiting period – calculated from the day following the day on which the Seller received the signed credit agreement between the Buyer and PayU operator.
3. The Seller only ships goods within the territory of the Republic of Poland. Buyers who wish to send goods abroad from the Republic of Poland are requested to contact the Customer Service Office.
4. Goods are delivered through the courier companies DPD and InPost, within a timeframe agreed upon between the Buyer and the Seller, from Monday to Friday.
5. When receiving goods from the courier, the Buyer should pay special attention to the packaging and check if it has not been damaged during transport (e.g. water damage, crushing, piercing, tearing of the packaging). Shipments from the Seller are secured with the Seller's branded adhesive tape.
In the event of receiving a shipment from the courier and noticing packaging or product defects, the Buyer is requested to prepare a Damage Protocol with the courier (signed by the Buyer and the courier), create photographic documentation confirming the existence of the defect, and contact the Seller as soon as possible.
If a product defect is discovered within 7 days from receiving the shipment from the courier, the Buyer is requested to promptly inform the Seller (e.g. by phone or via email) about the matter – which may allow the Seller to file a complaint with the courier.
§ V. PAYMENT
1. If payment for the ordered goods is not made within a maximum period of 7 calendar days from the day the Confirmation of Order Acceptance / "Order has been sent for processing" is sent by the Seller, the order will be automatically canceled and not processed (excluding "Payment on Delivery" option). The Buyer will receive an email from the Seller informing them about the situation and the reason for canceling the order. The moment of payment is considered the moment when the funds are credited to the Seller's bank account.
2. The Buyer, subject to paragraph 4 below, may choose one of the following payment methods for the ordered goods:
a. Online payment, where online payment services are provided by Blue Media S.A.; for online payments, the transaction processing time starts from the day following the day of positive verification and payment acceptance by Blue Media S.A.
b. Payment by credit card, where payment card services are provided by Blue Media S.A.; for card payments, the order processing time starts from the day following the day of positive transaction authorization by Blue Media S.A.; available card payments include Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
c. Payment by credit or debit card through the external payment operator PayU.
d. Payment by electronic transfer through the external payment operator PayU.
e. Traditional bank transfer to the company's account.
f. Payment on delivery.
3. Delivery costs within the territory of the Republic of Poland:
a. DPD Courier: 13.99 Polish zlotys gross – for payments through PayU service or traditional bank transfer.
b. InPost Courier: 11.99 Polish zlotys gross – for payments through PayU service or traditional bank transfer.
c. InPost Parcel Lockers: 11.99 Polish zlotys gross – for payments through PayU service or traditional bank transfer. Payment on delivery is not available when choosing the "InPost Parcel Lockers" option.
For "Payment on Delivery" option, an additional 5 Polish zlotys gross should be added.
For orders with a total value of goods up to 249.99 Polish zlotys gross, the Buyer covers the delivery costs.
For orders with a total value of goods equal to or higher than 250.00 Polish zlotys gross, the Seller covers the delivery and payment on delivery (if applicable) costs.
In case a refund is required for a transaction made by the Buyer using a credit card, the Seller will make the refund to the bank account linked to the Buyer's credit card.
4. The Buyer is required to make payments through a payment account if the one-time value of transactions with the Seller, regardless of the number of resulting payments, exceeds 20,000 Polish zlotys or the equivalent of this amount. Transactions in foreign currencies are converted to Polish zlotys according to the average exchange rate of foreign currencies announced by the National Bank of Poland on the last working day preceding the transaction.
§ VI. INFORMATION REGARDING THE RIGHT OF WITHDRAWAL FROM THE AGREEMENT.
1. A Consumer (as defined in the Civil Code) or an individual entering into an agreement directly related to their business activity when the agreement indicates that it does not have a professional nature for them (referred to in this regulation as the Consumer) who has entered into a distance contract, may withdraw from it within 14 days without providing any reason and without incurring any costs except the costs specified in Article 33, Article 34(2), and Article 35 of the Act of May 30, 2014 on Consumer Rights. To meet the withdrawal deadline, the Consumer simply needs to send a statement of withdrawal to the Seller before the withdrawal period expires.
2. The withdrawal period starts from the day the Consumer or a third party designated by them other than the carrier takes possession of the goods. In the case of an agreement that:
a. covers multiple items that are delivered separately, in batches, or in parts – from the possession of the last item, batch, or part,
b. involves the regular delivery of goods over a specified period – from the possession of the first of the goods.
To exercise the right of withdrawal from the agreement, you must inform us [by sending a letter to the address: Mensa Home, ul. Balonowa 49, Leszno, 64-100, contacting us at 731 369 369, or emailing us at sklep@mensahome.eu] of your decision to withdraw from this agreement in a clear statement (e.g. a letter sent by mail or email). You can use the withdrawal form template, but it is not mandatory.
To maintain the withdrawal deadline, it is sufficient for you to send the information about your exercise of the right of withdrawal from the agreement before the withdrawal period expires.
3. The Consumer can withdraw from the agreement by submitting a declaration of withdrawal to the Seller (e.g. in writing to the address: Mensa Home, ul. Balonowa 49, 64-100 Leszno). The Consumer can use the Withdrawal Form template, but it is not mandatory. In the case of withdrawal from a distance agreement, the agreement is considered not concluded. If the Consumer submits a declaration of withdrawal from the agreement before the Seller accepts their offer, the offer ceases to be binding.
4. The Seller is obliged to refund the Consumer all payments made by them, including the costs of delivery, without undue delay and no later than within 14 days from the day of receiving the Consumer's statement of withdrawal from the agreement. The Seller will use the same payment method for the refund as the Consumer used, unless the Consumer explicitly agrees to a different method that does not incur any costs for them; in any case, the Consumer will not incur any fees in connection with the refund. If the Seller has not offered to collect the goods from the Consumer themselves, they may withhold the refund until they receive the goods back or until the Consumer provides proof of sending it back, whichever occurs earlier.
If the Consumer has chosen a method of delivery other than the cheapest standard delivery method offered by the Seller, the Seller is not required to refund the additional costs incurred by the Consumer.
5. The Consumer must return the goods to the Seller or deliver them to a person authorized by the Seller to receive them immediately, but no later than 14 days from the day on which they withdrew from the agreement. Sending the goods back before the deadline is sufficient to meet the deadline.
The address for returning the goods is: Mensa Home, ul. Balonowa 49, 64-100 Leszno.
The Consumer is requested to secure the goods against damage during transport.
6. The Consumer bears the cost of returning the goods in case of withdrawal from the agreement.
7. The Consumer is liable for any diminished value of the goods resulting from using them beyond what is necessary to determine the nature, characteristics, and functioning of the goods.
8. The Seller will immediately send an email confirmation of receiving the Consumer's statement of withdrawal from the agreement.
9. The right of withdrawal from a distance agreement does not apply to the Consumer in particular in relation to agreements:
a. for services for which the Consumer is required to pay a price if the Seller has fully performed the service with the explicit and prior consent of the Consumer, who was informed before the provision began that upon the fulfillment of the service by the Seller, they would lose the right of withdrawal from the agreement, and accepted 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 withdrawal period expires,
c. for goods made to the Consumer's specifications or clearly personalized,
d. for goods that are liable to deteriorate rapidly or have a short shelf-life,
e. for sealed goods which, due to health protection or hygiene reasons, are not suitable for return and were unsealed after delivery.
f. in which the subject of performance is goods that, due to their nature, become inseparably mixed with other items;
g. in which the subject of performance is alcoholic beverages, the price of which was agreed upon when the sales agreement was concluded and which can be delivered only after 30 days, and whose value depends on fluctuations in the market over which the Seller has no control;
h. in which the Consumer has expressly requested the Seller to visit them for urgent repair or maintenance; if the Seller also provides additional services other than those requested by the Consumer, or supplies goods other than spare parts necessary for the repair or maintenance, the right of withdrawal from the agreement applies to the additional services or goods;
i. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
j. for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements;
k. concluded through a public auction;
l. for the delivery of digital content not supplied on a tangible medium, for which the Consumer is required to pay a price, if the Seller has commenced the performance with the explicit and prior consent of the Consumer, who was informed before the performance began that upon the fulfillment of the performance by the Seller, they would lose the right of withdrawal from the agreement, and accepted this, and the Seller has provided the Consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.
§ VII. Nonconformity, Rights and Obligations, Complaint Procedure
Definitions:
1. durability - the ability of the goods to retain their functions and properties during normal use.
2. digital service - a service that allows the Consumer to:
a) produce, process, store, or access data in digital form,
b) share data in digital form that has been sent or created by the Consumer or other users of the service,
c) interact in other ways using data in digital form.
3. goods with digital elements - goods containing digital content or a digital service or connected to them in such a way that the absence of digital content or a digital service would render them unable to function properly.
4. digital environment - computer hardware, software, and network connections used by the Consumer to access digital content or a digital service or to use them.
5. interoperability - the ability of digital content, a digital service, or goods to interact with computer hardware or software other than those commonly used to access digital content, a digital service, or goods of the same kind.
6. compatibility - the interaction of digital content, a digital service, or goods with computer hardware or software that is commonly used to access digital content, a digital service, or goods of the same kind, without the need for transformation.
7. functionality - the ability of digital content, a digital service, or goods to perform their functions considering their purpose.
The regulations regarding the Consumer in this entire section apply to an individual who enters into an agreement directly related to their business activity when the agreement indicates that it does not have a professional nature.
Chapter I. Agreements that Oblige the Transfer of Ownership of Goods to the Consumer
The regulations of this chapter do not apply to goods that serve exclusively as a carrier for digital content.
I. Conformity of Goods with the Agreement
1. Goods are considered to be in conformity with the agreement if, in particular, their:
1) description, type, quantity, quality, completeness, and functionality are in accordance with the agreement, and in the case of goods with digital elements – compatibility, interoperability, and the availability of updates;
2) suitability for the particular purpose for which the Consumer needs them, and which the Consumer informed the Seller of no later than at the time of concluding the agreement and which the Seller accepted.
2. Furthermore, for goods to be considered in conformity with the agreement, they must:
1) be suitable for the purposes for which goods of the same kind are normally used, taking into account the applicable legal requirements, technical standards, or good practices;
2) have the quantity and characteristics, including durability and safety, and in the case of goods with digital elements – functionality and compatibility, typical for goods of the same kind, which the Consumer can reasonably expect, considering the nature of the goods and the public commitments made by the Seller, their predecessors in title, or persons acting on their behalf, especially in advertising or on the label, unless the Seller demonstrates that:
a) they were not aware of the specific public commitment, and by reasonably evaluating, they could not have known about it,
b) before concluding the agreement, the specific public commitment was corrected in a manner that complies with the conditions and form in which the public commitment was made, or in a comparable manner,
c) the specific public commitment did not influence the Consumer's decision to conclude the agreement;
3) be supplied with packaging, accessories, and instructions that the Consumer can reasonably expect to be provided;
4) be of the same quality as a sample or model that the Seller provided to the Consumer before concluding the agreement, and correspond to the description of such a sample or model.
3. The regulations of Chapter II, Section IV, points 3 and 4, as well as Section V, point 4, apply accordingly to goods with digital elements.
4. The Seller is not liable for the lack of conformity of the goods with the agreement in the scope referred to in Chapter I, Section I, point 2 or 3, if the Consumer, no later than at the time of concluding the agreement, was clearly informed that a specific characteristic of the goods deviates from the requirements of conformity with the agreement specified in Chapter I, Section I, point 2 or 3 (e.g., visible signs of use of the goods), and clearly and separately accepted the absence of the specific characteristic of the goods.
5. The Seller is liable for the lack of conformity of the goods with the agreement resulting from improper installation of the goods, if:
1) the installation was carried out by the Seller or at their responsibility;
2) the improper installation carried out by the Consumer resulted from errors in the instructions provided by the Seller or a third party referred to in Article 6(2) of the Consumer Rights Act.
II. Seller's Liability for Lack of Conformity of Goods with the Agreement
1. The Seller is liable for the lack of conformity of the goods with the agreement existing at the time of their delivery and revealed within two years from that time, unless the period of usefulness of the goods for use, determined by the Seller, their predecessors in title, or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the goods with the agreement, which became apparent before the expiration of two years from the delivery of the goods, existed at the time of their delivery, unless proven otherwise or unless this presumption cannot be reconciled with the nature of the goods or the character of the lack of conformity of the goods with the agreement.
2. The Seller cannot invoke the expiration of the period for determining the lack of conformity of the goods with the agreement as specified in Chapter I, Section II, point 1, if they deliberately concealed this defect.
3. Regarding goods with digital elements, the Seller is liable for the lack of conformity with the agreement of digital content or a digital service provided continuously, which occurred or became apparent during the time they were supposed to be provided according to the agreement. This time cannot be shorter than two years from the delivery of goods with digital elements. It is presumed that the lack of conformity of digital content or a digital service with the agreement occurred during this time if it became apparent during this time.
III. Repair or Replacement
1. If the goods are not in conformity with the agreement, the Consumer may demand their repair or replacement.
2. The Seller may choose to:
- replace the goods when the Consumer demands repair, or the Seller may choose to
- repair the goods when the Consumer demands replacement,
if bringing the goods into conformity with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the goods into conformity with the agreement.
3. When assessing the excessive costs for the Seller, all circumstances of the case are taken into account, especially the significance of the lack of conformity of the goods with the agreement, the value of the goods in conformity with the agreement, and the excessive inconveniences for the Consumer resulting from changing the method of bringing the goods into conformity with the agreement.
4. The Seller carries out repair or replacement in a reasonable time from the moment the Consumer informed the Seller about the lack of conformity with the agreement, and without excessive inconvenience for the Consumer, considering the specificity of the goods and the purpose for which the Consumer acquired them. The costs of repair or replacement, including in particular postal, transportation, labor, and material costs, are borne by the Seller.
5. The Consumer makes the goods subject to repair or replacement available to the Seller. The Seller collects the goods from the Consumer at their own cost.
6. If the goods were installed before the lack of conformity with the agreement was revealed, the Seller disassembles the goods and reassembles them after repair or replacement, or commissions these activities at their own cost.
7. The Consumer is not obliged to pay for ordinary use of the goods that were subsequently replaced.
IV. Statement on Price Reduction or Withdrawal from the Agreement
1. If the goods are not in conformity with the agreement, the Consumer may submit a statement on price reduction or withdrawal from the agreement when:
1) the Seller refused to bring the goods into conformity with the agreement as specified in Chapter I, Section III, point 2;
2) the Seller did not bring the goods into conformity with the agreement as specified in Chapter I, Section III, points 4-6;
3) the lack of conformity of the goods with the agreement still exists despite the Seller's attempts to bring the goods into conformity with the agreement;
4) the lack of conformity of the goods with the agreement is so substantial that it justifies a price reduction or withdrawal from the agreement without previously using the means of protection specified in Chapter I, Section III;
5) it results from the Seller's statement or circumstances that the Seller will not bring the goods into conformity with the agreement in a reasonable time or without excessive inconvenience for the Consumer.
2. The reduced price must be in proportion to the price resulting from the agreement in which the value of the goods not in conformity
3. The Seller refunds the amounts due to the Consumer as a result of exercising the right to a price reduction immediately, no later than within 14 days from the day of receiving the Consumer's statement on the price reduction.
4. The Consumer cannot withdraw from the agreement if the lack of conformity of the goods with the agreement is insignificant. It is presumed that the lack of conformity of the goods with the agreement is significant.
5. If the lack of conformity with the agreement concerns only certain goods delivered based on the agreement, the Consumer may only withdraw from the agreement regarding those goods, as well as regarding other goods acquired by the Consumer together with the goods not in conformity with the agreement, if it cannot be reasonably expected that the Consumer would agree to keep only the goods in conformity with the agreement.
6. In case of withdrawal from the agreement, the Consumer immediately returns the goods to the Seller at their cost. The Seller refunds the price to the Consumer immediately, no later than within 14 days from the day of receiving the goods or proof of their return.
7. The Seller makes the refund using the same method of payment that the Consumer used, unless the Consumer explicitly agreed to a different method of refund that does not entail any costs for them.
V. The Consumer may withhold the payment of the price until the Seller fulfills the obligations resulting from Chapter I, Sections III and IV.
Chapter II. Agreements for the Supply of Digital Content or Digital Services
The regulations contained in this section do not apply to agreements for the supply of digital content or digital services if the Consumer is not obliged to provide other services than the provision of personal data, and this data is processed by the Seller solely for the purpose of performing the agreement or a legal obligation. Personal data - personal data within the meaning of Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119 of 4 May 2016, p. 1, as amended, and Article 17.
I. Clarification of the Concept
1. Whenever in this chapter reference is made to digital content, this shall also be understood to include goods that serve solely as a carrier of digital content, taking into account the regulations of Chapter II, Section III, point 8 below.
2. The regulations of this chapter apply only to the extent of the provisions of the agreement concerning digital content or digital services in agreements under which the Seller is obliged to supply digital content or digital services and other performances.
II. Exclusion of Application
The regulations of this chapter do not apply to:
1) electronic communications services within the meaning of Article 2(4) of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321 of 17.12.2018, p. 36, OJ L 334 of 27.12.2019, p. 164, and OJ L 419 of 11.12.2020, p. 36), other than interpersonal communications services not using numbers within the meaning of Article 2(7) of this directive;
2) agreements under which the Consumer is not obliged to provide other services than the provision of personal data, and this data is processed by the Seller solely for the purpose of improving the security, compatibility, or interoperability of software offered under an open and free license;
3) digital content supplied under the Act of 11 August 2021 on open data and reuse of public sector information (Journal of Laws, item 1641, and of 2022, item 1700).
III. Delivery, Withdrawal
1. The Seller supplies digital content or a digital service to the Consumer immediately after the conclusion of the agreement, unless the parties decide otherwise.
2. Digital content is considered delivered at the moment when the digital content or a means that allows access to digital content or downloading of digital content is made available to the Consumer or to a physical or virtual device chosen by the Consumer for this purpose, or when the Consumer or such device has access to it.
3. A digital service is considered delivered at the moment when the Consumer or a physical or virtual device chosen by the Consumer for this purpose has access to it.
4. If the Seller has not provided digital content or a digital service, the Consumer calls on the Seller to provide them. If the Seller does not provide digital content or a digital service immediately or within an additional, clearly agreed upon period, the Consumer may withdraw from the agreement.
5. The Consumer may withdraw from the agreement without calling on the Seller to provide digital content or a digital service if:
1) it clearly results from the Seller's statement or circumstances that the Seller will not provide digital content or a digital service, or
2) the Consumer and the Seller agreed or it clearly results from the circumstances of concluding the agreement that a specific deadline for the provision of digital content or a digital service was essential for the Consumer, and the Seller did not provide them within that deadline.
6. The burden of proving the delivery of digital content or a digital service rests with the Seller.
8. The regulations of Chapter II, Section III, points 1-7 above do not apply if the agreement provides for the supply of digital content via a tangible medium.
IV. Conformity with the Agreement
1. Digital content or a digital service is in conformity with the agreement if, in particular, the following aspects remain in conformity with the agreement:
1) description, type, quantity, quality, completeness, functionality, compatibility, interoperability, and availability of technical support and updates;
2) suitability for a particular purpose for which the Consumer needs them, which the Consumer informed the Seller of at the latest upon entering into the agreement and which the Seller accepted.
2. Furthermore, for digital content or a digital service to be considered in conformity with the agreement, they must:
1) be suitable for the purposes for which digital content or a digital service of this kind is usually used, taking into account applicable legal provisions, technical standards, or good practices;
2) be present in such quantity and have such features, including functionality, compatibility, availability, continuity, and security, that are typical for digital content or a digital service of this kind, and which the Consumer can reasonably expect, considering the nature of the digital content or digital service and the public assurances made by the Seller, their predecessors in title, or persons acting on their behalf, particularly in advertising or on labels, unless the Seller proves that:
a) they were unaware of the specific public assurance and, reasonably, could not have known about it,
b) the specific public assurance was corrected before the agreement was concluded, maintaining the conditions and form in which the public assurance was made, or in a comparable manner,
c) the specific public assurance did not influence the Consumer's decision to enter into the agreement;
3) be provided with accessories and instructions the provision of which the Consumer can reasonably expect;
4) be in conformity with a trial version or preview that was made available to the Consumer by the Seller before entering into the agreement.
3. The Seller informs the Consumer about updates, including security updates, necessary to maintain the conformity of digital content or a digital service with the agreement, and provides them to the Consumer for the duration of:
1) providing digital content or a digital service specified in the agreement under which provision takes place continuously, or
2) the reasonable expectations of the Consumer, considering the type of digital content or digital service and the purpose for which they are used, as well as the circumstances and nature of the agreement, if the agreement provides for the provision of digital content or a digital service once or in parts.
4. If the Consumer does not install updates provided by the Seller in a reasonable time according to Chapter II, Section IV, point 3, the Seller is not liable for the lack of conformity of digital content or a digital service with the agreement arising solely from the lack of updates, if:
1) they informed the Consumer about the update and the consequences of not installing it;
2) the failure to install or improper installation of the update did not result from errors in the installation instructions provided by the Seller.
5. The Seller is not liable for the lack of conformity of digital content or a digital service with the agreement in the scope specified in Chapter II, Section IV, point 2 or 3, if the Consumer, at the latest upon entering into the agreement, was clearly informed that a specific feature of the digital content or digital service deviates from the conformity requirements specified in Chapter II, Section IV, points 2 or 3, and the Consumer clearly and separately accepted the absence of the specific feature of the digital content or digital service.
6. In the event that the agreement provides for the continuous provision of digital content or a digital service, the digital content or digital service must remain in conformity with the agreement for the duration of provision specified in the agreement.
7. Digital content or a digital service is provided in the latest version available at the time of entering into the agreement, unless the parties decide otherwise.
8. The regulations of Chapter I, Section I, point 5, apply accordingly to the integration of digital content or a digital service.
V. Seller's Liability
1. The Seller is liable for the lack of conformity of digital content or a digital service supplied once or in parts with the agreement that existed at the time of their supply and became apparent within two years from that moment. It is presumed that the lack of conformity of digital content or a digital service with the agreement that became apparent before the end of one year from the supply of digital content or a digital service existed at the time of their supply.
2. The Seller cannot invoke the expiry of the period to assert that digital content or a digital service is not in conformity with the agreement, as specified in Chapter II, Section I, point 1, if they fraudulently concealed this fact.
3. The Seller is liable for the lack of conformity of digital content or a digital service supplied continuously, which occurred or became apparent during the period when, according to the agreement, they were to be supplied. It is presumed that the lack of conformity of digital content or a digital service
2) Informed in a clear and understandable manner before entering into the agreement about the obligation to cooperate with the Seller, the Consumer does not fulfill this obligation to a reasonable extent and using the least burdensome technical means for themselves, in order to determine whether the lack of conformity of digital content or a digital service with the agreement in a timely manner results from the characteristics of the Consumer's digital environment.
VI. Non-Conformity of Content or Service with the Agreement
1. If digital content or a digital service are not in conformity with the agreement, the Consumer can request that they be brought into conformity with the agreement.
2. The Seller can refuse to bring digital content or a digital service into conformity with the agreement if bringing them into conformity with the agreement is impossible or would require excessive costs for the Seller.
3. When assessing excessive costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of digital content or a digital service with the agreement, as well as the value of digital content or a digital service that is in conformity with the agreement.
4. The Seller brings digital content or a digital service into conformity with the agreement within a reasonable time from the moment when the Seller was informed by the Consumer about the lack of conformity with the agreement, and without excessive inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The costs of bringing digital content or a digital service into conformity with the agreement are borne by the Seller.
VII. Declaration of Price Reduction or Withdrawal from the Agreement
1. If digital content or a digital service are not in conformity with the agreement, the Consumer can make a declaration of a price reduction or withdrawal from the agreement when:
1) bringing digital content or a digital service into conformity with the agreement is impossible or would require excessive costs as specified in Chapter II, Section VI, points 2 and 3 above;
2) the Seller did not bring digital content or a digital service into conformity with the agreement according to Chapter II, Section VI, point 4 above;
3) the lack of conformity of digital content or a digital service with the agreement persists even though the Seller attempted to bring digital content or a digital service into conformity with the agreement;
4) the lack of conformity of digital content or a digital service with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without prior use of the protective measure specified in Chapter II, Section VI;
5) from the Seller's declaration or circumstances, it clearly follows that the Seller will not bring digital content or a digital service into conformity with the agreement in a reasonable time or without excessive inconvenience to the Consumer.
2. The reduced price must be in such proportion to the price resulting from the agreement that the value of digital content or a digital service not in conformity with the agreement remains to the value of digital content or a digital service in conformity with the agreement. If the agreement stipulates that digital content or a digital service are supplied in parts or continuously, the time during which digital content or a digital service remained not in conformity with the agreement must be taken into account when reducing the price.
3. The Consumer cannot withdraw from the agreement if digital content or a digital service are provided in exchange for payment of a price, and the lack of conformity of digital content or a digital service with the agreement is insignificant. It is presumed that the lack of conformity of digital content or a digital service with the agreement is significant.
VIII. Seller's Obligations
1. After withdrawing from the agreement, the Seller cannot use content other than personal data provided or created by the Consumer while using digital content or a digital service supplied by the Seller, with the exception of content that:
1) is useful exclusively in connection with digital content or a digital service that was the subject of the agreement;
2) concerns only the activities of the Consumer while using digital content or a digital service that was the subject of the agreement;
3) has been combined by the Seller with other data and cannot be separated without excessive difficulty;
4) was created by the Consumer jointly with other Consumers who can still use it.
2. At the Consumer's request and at their expense, the Seller provides content produced or provided by the Consumer during the use of digital content or a digital service, other than personal data, in a reasonable time and in a universally used machine-readable format suitable for reading, except for content referred to in Chapter II, Section VIII, point 1, subpoints 1-3.
3. The Seller can demand the return of the physical medium on which digital content was supplied, within 14 days from the day of receiving the Consumer's declaration of withdrawal from the agreement. The Consumer returns the medium promptly and at the Seller's expense.
4. The Seller is not entitled to demand payment for the time during which digital content or a digital service were not in conformity with the agreement, even if the Consumer actually used them before withdrawing from the agreement.
5. The Seller is obligated to refund the price only to the extent corresponding to the digital content or digital service that is not in conformity with the agreement and to the digital content or digital service, the obligation to supply which ceased due to withdrawal from the agreement.
6. The Seller will refund the Consumer the due price resulting from exercising the right to withdraw from the agreement or price reduction promptly, no later than within 14 days from the day of receiving the Consumer's declaration of withdrawal from the agreement or price reduction.
7. The Seller refunds the price using the same payment method that the Consumer used, unless the Consumer explicitly agreed to a different method of refund that does not incur any costs for them.
IX. Changing Digital Content or Digital Service
1. The Seller can make changes to digital content or a digital service that are not necessary to maintain their conformity with the agreement, only if the agreement provides for it and only for justified reasons indicated in that agreement. However, the Seller cannot make changes to digital content or a digital service supplied on a one-time basis.
2. Introducing changes referred to in Chapter II, Section IX, point 1, will not involve any costs on the Consumer's side.
3. The Seller informs the Consumer in a clear and understandable manner about the changes referred to in Chapter II, Section IX, point 1.
X. Termination of the Agreement
1. If the change referred to in Chapter II, Section IX, point 1 above, significantly and negatively affects the Consumer's access to digital content or a digital service or their use, the Seller will inform the Consumer in advance on a durable medium about the nature and date of making this change and the right as referred to in Chapter II, Section X, point 2 or 3.
2. In the case referred to in Chapter II, Section X, point 1 above, the Consumer can terminate the agreement without observing the notice period within 30 days from the day of making the change referred to in Chapter II, Section IX, point 1, or being informed about this change if the notification occurred later than this change. The regulations of Chapter II, Section VIII apply accordingly.
3. The regulation of Chapter II, Section X, point 2 does not apply if the Seller has provided the Consumer with the right to maintain digital content or a digital service that is in conformity with the agreement, without additional costs, in an unchanged state.
XI. Principles of Using Content
1. In the case of withdrawal from the agreement for the supply of digital content or a digital service, the Seller, from the day of receiving the Consumer's declaration of withdrawal from the agreement, will not use content other than personal data provided or created by the Consumer while using digital content or a digital service supplied by the Seller, with the exception of content that:
1) is useful exclusively in connection with digital content or a digital service that was the subject of the agreement;
2) concerns only the activities of the Consumer while using digital content or a digital service supplied by the Seller;
3) has been combined by the Seller with other data and cannot be separated from them or can only be separated at disproportionate effort;
4) was created by the Consumer jointly with other Consumers who can still use it.
2. With the exception of regulations referred to in Chapter II, Section XI, points 1-3, the Seller, at the Consumer's request, provides content other than personal data that was provided or created by the Consumer while using digital content or a digital service supplied by the Seller.
3. The Consumer has the right to retrieve digital content from the Seller free of charge, without obstacles from the Seller, within a reasonable period and in a universally used machine-readable format.
4. In the case of withdrawal from the agreement for the supply of digital content or a digital service, the Seller can prevent the Consumer from further using digital content or a digital service, especially by preventing the Consumer from accessing digital content or a digital service or by blocking the user account. This provision does not affect the Consumer's rights referred to in Chapter II, Section XI, point 2.
5. In the case of withdrawal from the agreement for the supply of digital content or a digital service, the Consumer is obliged to cease using that digital content or digital service and sharing them with third parties.
XII. Application of Regulations
1. The regulations applicable to agreements obliging the Seller to transfer ownership of goods and perform services apply to agreements under which the Seller is obliged to transfer ownership of goods and perform services.
2. The regulations referred to in Chapter II, Section 1 above apply to agreements obliging the transfer of ownership of goods with digital elements, also in terms of digital content or digital service, even if they are supplied by a third party. The regulations of Chapter II do not apply to such digital content or digital service.
3. In case of doubt, digital content or a digital service are considered to be subject to an agreement obliging the transfer of ownership of goods with digital elements.
Chapter III. Complaint Procedure
1. In the case of any complaint, the Consumer is asked to send the following information to the Seller:
1.1. Complaint (complaint report)
All complaints from the Consumer can be directed, for example, in writing to the Seller's Office address or electronically to the email address: sklep@mensahome.eu. The complaint can be submitted using the complaint form, the template of which is attached to these terms and conditions (using the template provided in the attachment is not mandatory).
If the complaint is not submitted using the form, the Consumer should include in the complaint report:
1.1.1. Their name and contact details (address, email, phone),
1.1.2. Description of the product, digital content, or digital service to which the complaint relates, order number,
1.1.3. Price, purchase and receipt date of the product, digital content, or digital service to which the complaint relates,
1.1.4. Precise date of discovering the discrepancy,
1.1.5. Description of the identified discrepancy (observed irregularity),
1.1.6. Circumstances in which the discrepancy was noticed,
1.1.7. Location where the product is located/used,
1.1.8. Expected resolution of the complaint,
1.1.9. Date of creating the complaint report,
1.1.10. Signature of the complainant (name and surname).
1.2. Evidence of the circumstances of the purchase of the complained product, digital content, or digital service to which the complaint relates (e.g., presenting a receipt, invoice, etc.),
1.3. Photographs documenting the reported discrepancy and its extent.
The Consumer can send the complained-about product to the Seller's address: Mensa Home, ul. Balonowa 49, 64-100 Leszno (with the annotation "Complaint"). The Consumer can also personally deliver the complained-about product to the address provided above.
2. In case of any ambiguities or questions regarding the complaint process, the Consumer is requested to contact the Seller at the email address: sklep@mensahome.eu or by phone.
3. The Seller will respond to the Consumer's complaint within 14 days from the day of receiving the complaint.
4. In the case of receiving a product that is not in accordance with the description in the Online Store, the Buyer is requested to immediately contact the Seller.
5. If the Seller does not acknowledge the complaint and the Consumer disagrees with their decision, the Consumer can, for example, request mediation or arbitration or resort to alternative dispute resolution methods, such as alternative dispute resolution bodies. Addresses of mediation and arbitration institutions, as well as access rules to the mentioned procedures, are available on the website www.uokik.gov.pl in the "Consumers → Consumer Dispute Resolution" tab. The European Commission also provides an online platform for resolving disputes between consumers and businesses (the ODR platform). It is available at the address: http://ec.europa.eu/consumers/odr.
§ VIII. PERSONAL DATA PROTECTION
1. The data controller of personal data is MENSAHOME.COM with its registered office in Leszno, ul. Słowiańska 22, 64-100 Leszno, hereinafter referred to as the Administrator. The legal basis for data processing is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, known as the GDPR.
2. Commercial information is sent based on:
- the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344);
- the Act of 9 December 2019 on telecommunications law (Journal of Laws of 2019, item 2460).
INFORMATION CLAUSE
1. The Administrator will process personal data in the following scope:
a. telephone contact and by email regarding matters related to contract fulfillment - the legal basis for such data processing is Article 6(1)(a) of the GDPR, which allows the processing of personal data based on the freely given consent;
b. processing personal data for marketing purposes, including the promotion of goods and services offered by the data Administrator - the legal basis for such data processing is Article 6(1)(a) of the GDPR, which allows the processing of personal data based on the freely given consent;
c. contract performance - the legal basis for such data processing is Article 6(1)(b) of the GDPR;
d. issuing invoices and fulfilling other obligations resulting from tax law regulations, such as storing accounting documentation for 6 years - the legal basis for such data processing is Article 6(1)(c) of the GDPR, which allows the processing of personal data if such processing is necessary for compliance with a legal obligation to which the Administrator is subject;
e. establishing, pursuing, or defending claims - the legal basis for such data processing is Article 6(1)(f) of the GDPR, which allows the processing of personal data if it is necessary for the purposes of the legitimate interests pursued by the Administrator (in this case, the interest is in having personal data that will allow establishing, pursuing, or defending claims);
f. archival and evidentiary - to secure information that may serve to demonstrate facts of legal significance. The legal basis for such data processing is Article 6(1)(f) of the GDPR, which allows the processing of personal data if it is necessary for the purposes of the legitimate interests pursued by the Administrator (in this case, the interest is in having personal data that will allow proving certain facts related to contract performance, e.g., when requested by a state authority).
2. Providing personal data is voluntary, but not providing them may prevent the Party from fulfilling the provisions of the terms and conditions.
3. Individuals whose personal data are processed by the Administrator have the right to:
a. access their personal data and obtain a copy of personal data undergoing processing;
b. rectify their inaccurate data;
c. request erasure of data (right to be forgotten) in cases provided for in Article 17 of the GDPR;
d. request restriction of processing in cases provided for in Article 18 of the GDPR;
e. object to processing in cases provided for in Article 21 of the GDPR;
f. data portability of provided data processed in an automated manner.
g. lodge a complaint with a supervisory authority (UODO, ul. Stawki 2, Warsaw).
4. MENSAHOME.COM with its registered office in Leszno, ul. Słowiańska 22, 64-100 Leszno has appointed a Data Protection Officer who can be contacted in case of any uncertainties regarding the processing of personal data (email: inspektor.danych@mensahome.eu).
5. Recipients of personal data will also include, among others, service providers providing the Administrator with technical solutions and organizational management, legal and advisory services providers, and entities assisting the Administrator in pursuing due claims.
6. Personal data may be disclosed to appropriate recipients, particularly institutions authorized to control the Administrator's activity or entities authorized to obtain personal data based on separate legal provisions.
7. In connection with the occurrence of data processing delegation between companies of the capital group pursuant to Article
9) MH Gdy Poland - MH Distribution Group
10) MH Ren Poland - MH Distribution Group
11) MH Kat Poland - MH Distribution Group
12) MH 7100 Poland - MH Distribution Group
8. The data will be processed and stored for the entire duration of the contract and the time necessary for its settlement. Provisions of generally applicable law may extend these periods. After the expiration of the aforementioned periods, personal data will be deleted or anonymized.
§ IX. TERMS OF PROVIDING SERVICES BY ELECTRONIC MEANS
1. In order to use the online store www.mensahome.eu, the following are necessary, in particular: a properly functioning computer/phone/tablet with access to the Internet and an installed web browser, an active email account.
2. The Buyer is requested to use the online store www.mensahome.eu in accordance with its purpose. It is prohibited to take actions and provide content of an unlawful nature.
§ X. FINAL PROVISIONS
1. All text information and photographs of goods present in the online store MensaHome.eu registered under the domain name www.mensahome.eu are protected by copyright. Copying and distributing them, using them for commercial purposes, or presenting them on other websites without the Seller's consent is prohibited.
2. The Seller makes every effort to ensure that the information presented on the website of the online store www.mensahome.eu is accurate and reliable. In case of any doubts or a desire for additional information about the products, please contact the Customer Service Office.
3. In case of any ambiguities or questions regarding this regulation, please contact the Customer Service Office.
4. Matters not regulated by this regulation are subject to the provisions of the Civil Code, the Consumer Rights Act, and other provisions of generally applicable law.
5. Before placing an order in the online store www.mensahome.eu, it is necessary to familiarize oneself with this regulation.
6. Any opinions and questions regarding the operation of the store should be directed to the email address: sklep@mensahome.eu or the phone number +48 731 369 369 (the helpline is open from Monday to Friday from 8:00 am to 4:00 pm).
ATTACHMENTS TO THE REGULATION:
1. Complaint Form
2. Return Form
