Terms of service
OF THE WWW.MEPMU.COM ONLINE STORE
§ 1 GENERAL PROVISIONS
- The www.mepmu.com Store operates in accordance with the provisions set forth in these Terms and Conditions.
- These Terms and Conditions specify the terms and conditions for the conclusion and termination of Product Sales Agreements, the complaint handling procedure, as well as the types and scope of electronic services provided by the www.mepmu.com Store, the rules governing the provision of such services, and the terms and conditions for the conclusion and termination of agreements for the provision of electronic services.
- Every Service Recipient, upon undertaking any actions aimed at using the Electronic Services of the www.mepmu.com Store, is obliged to comply with the provisions of these Terms and Conditions.
- In matters not governed by these Terms and Conditions, the following provisions shall apply:
a. the Act of 18 July 2002 on the Provision of Electronic Services;
b. the Act of 30 May 2014 on Consumer Rights;
c. the Act of 23 September 2016 on Out-of-Court Consumer Dispute Resolution;
d. the Civil Code Act of 23 April 1964;
e. and any other applicable provisions of Polish law.
§ 2 DEFINITIONS
- TERMS AND CONDITIONS – these Terms and Conditions of the Store.
- STORE – the online store operated by the Service Provider at www.mepmu.com.
- ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Store.
- REGISTRATION FORM – the form available on the www.mepmu.com website that enables the creation of an Account.
- ACCOUNT – a collection of resources within the Service Provider's ICT system, identified by an individual name (login) and password, in which the Service Recipient's data, including information about submitted Orders, are stored.
- ORDER FORM – the form available on the www.mepmu.com website that enables the placement of an Order.
- REVIEW SYSTEM – an Electronic Service made available by the Service Provider to Customers, enabling them to publish reviews relating to Products.
- SELLER, SERVICE PROVIDER – Filip Drążkiewicz, conducting business under the business name Quantum Filip Drążkiewicz, entered into the Central Registration and Information on Business of the Republic of Poland (CEIDG), maintained by the minister responsible for the economy, with the principal place of business and correspondence address at ul. Stawy 5, 02-467 Warsaw, Włochy District, Poland, VAT Identification Number (NIP): 6342370944, REGON: 146345912, e-mail address: contact@mepmu.com, telephone number: +48 502 196 912.
- SERVICE RECIPIENT – a natural person, a legal entity, or an organisational unit without legal personality to which the law grants legal capacity, using an Electronic Service.
- CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
- CONSUMER – a natural person who enters into a legal transaction with a trader for purposes that are not directly related to that person's business or professional activity.
- ENTREPRENEUR – a natural person, a legal entity, or an organisational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in its own name.
- PRODUCT – a movable item or a service available in the Store that is the subject of a Sales Agreement concluded between the Customer and the Seller.
- SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller through the Store.
- ORDER – the Customer's declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
- PRICE – the value expressed in monetary units that the Customer is obliged to pay the Seller for the Product.
§ 3 INFORMATION ABOUT PRODUCTS AND ORDER PLACEMENT
- The www.mepmu.com Store offers Products for sale via the Internet.
- The Products offered in the Store are new, conform to the Sales Agreement, and have been lawfully placed on the Polish market.
- The information published on the Store's website does not constitute an offer within the meaning of the applicable provisions of law. By placing an Order, the Customer submits an offer to purchase a specific Product under the terms and conditions set out in its description.
- The Price of a Product displayed on the Store's website is expressed in Polish zloty (PLN) and includes all components, including VAT. The Price does not include delivery costs.
- The Price of a Product displayed on the Store's website is binding at the moment the Customer places the Order. This Price shall not change regardless of any subsequent price changes in the Store that may occur with respect to individual Products after the Customer has placed the Order.
- The Seller shall clearly inform Customers about the unit Prices of Products, as well as any promotions and Price reductions. Alongside the information regarding a Product Price reduction, the Seller shall display the lowest Price at which the Product was offered during the period of 30 days preceding the introduction of the Price reduction. If the Product has been offered for sale for less than 30 days, the Seller shall display the lowest Price at which the Product was offered from the date it was first made available for sale until the date the Price reduction was introduced.
- Orders may be placed through the website using the Order Form (www.mepmu.com Store) twenty-four (24) hours a day, seven (7) days a week, throughout the year.
- In order to place an Order, the Customer is not required to register an Account in the Store.
- A condition for placing an Order in the Store is that the Customer has read these Terms and Conditions and accepts their provisions at the time the Order is placed.
- The Store processes Orders placed from Monday to Friday on Business Days. Orders placed on Business Days after 12:00 p.m. (CET/CEST), as well as on Saturdays, Sundays, and public holidays, will be processed on the next Business Day.
- Products offered under promotions or clearance sales are available in limited quantities. Orders for such Products shall be fulfilled in the order in which they are received, until the available stock of the respective Product is exhausted.
§ 4 CONCLUSION OF THE SALES AGREEMENT
- In order to conclude a Sales Agreement, the Customer must first place an Order using one of the methods made available by the Seller, in accordance with § 3 Sections 7 and 9 of these Terms and Conditions.
- Upon receipt of an Order, the Seller shall promptly confirm its receipt.
- The confirmation of receipt of the Order referred to in Section 2 of this paragraph binds the Customer to the submitted Order. Confirmation of receipt of the Order shall be made by sending an e-mail message.
- The Order confirmation referred to above shall include:
a. confirmation of all essential elements of the Order;
b. the withdrawal form;
c. these Terms and Conditions, including information concerning the Customer's right to withdraw from the Agreement.
- The Sales Agreement between the Customer and the Seller is concluded upon the Customer's receipt of the e-mail message referred to in Section 4 of this paragraph.
- Each Sales Agreement shall be confirmed by a proof of purchase (a VAT Invoice or a sales confirmation), which shall be enclosed with the Product and/or sent electronically to the Customer's e-mail address provided in the Order Form.
§ 5 METHODS OF PAYMENT
- The Seller provides the following methods of payment:
a. payment by traditional bank transfer to the Seller's bank account;
b. payment via an electronic payment system (PayPal, PayU.pl, Klarna, Stripe.com);
c. cash on delivery (COD), payable to the delivery service provider upon receipt of the shipment.
- In the case of payment by traditional bank transfer, the payment should be made to the bank account corresponding to the selected currency. The relevant bank account details will be provided immediately after the Order has been placed. The Order number should be entered as the payment reference.
- In the case of payment via an electronic payment system, the Customer shall make payment before the Order processing begins. The electronic payment system enables payment by credit card or by instant bank transfer through selected Polish and international banks.
- In the case of cash on delivery, the shipment shall be dispatched after the Customer's delivery address has been verified. The Customer is obliged to pay for the Order and collect the Product from the delivery service provider.
- The Customer is obliged to pay the Price under the Sales Agreement within five (5) Business Days from the date of its conclusion, unless the Sales Agreement provides otherwise.
- If the Customer chooses one of the payment methods referred to in Sections 1(a) or 1(b) of this paragraph, the Product will be dispatched only after payment has been received.
§ 6 COSTS, DELIVERY TIME, AND METHODS OF PRODUCT DELIVERY
- The costs of Product delivery, which are borne by the Customer, are determined during the Order placement process and depend on the selected method of payment and the selected method of delivery of the purchased Product.
- The delivery time for a Product consists of the time required to prepare the Product for shipment and the time required for delivery by the carrier:
a. the Product preparation time is up to one (1) Business Day from the moment of:
i. the funds paid under the Sales Agreement being credited to the Seller's bank account;
ii. or the successful authorisation of the transaction by the electronic payment system;
iii. or the Seller's acceptance of the Order for processing, where the Customer has selected cash on delivery as the method of payment;
b. delivery of Products constituting movable goods by the carrier shall take place within the period declared by the carrier, namely from one (1) to five (5) Business Days from the date of dispatch of the shipment (deliveries are made exclusively on Business Days, excluding Saturdays, Sundays, and public holidays).
- Products purchased through the Store are shipped by courier service.
- Products purchased through the Store may also be collected by the Customer in person, subject to prior arrangement by e-mail or telephone.
§ 7 PRODUCT COMPLAINTS
1. Complaints under the Warranty
a. All Products offered in the Store are covered by a manufacturer's and/or Seller's warranty valid within the territory of the Republic of Poland.
b. The warranty period for Products ranges from twenty-four (24) to thirty-six (36) months and is calculated from the date the Product is delivered to the Customer.
c. The warranty card or proof of purchase constitutes the document entitling the Customer to warranty protection.
d. The warranty card enclosed with the Product or made available on the Store's website contains the Guarantor's details, detailed information regarding the Products covered by the warranty, the warranty period and conditions, as well as the Customer's rights under the warranty.
e. The warranty does not exclude or limit the rights of the Consumer or the entity referred to in § 10 of these Terms and Conditions arising from the lack of conformity of the Product with the Sales Agreement, as provided for in the Act on Consumer Rights, which are granted by law to the Consumer and the entity referred to in § 10.
2. Complaints relating to the lack of conformity of the Product with the Sales Agreement
a. The basis and scope of the Seller's liability towards a Customer who is a Consumer or an entity referred to in § 10 of these Terms and Conditions, arising from the lack of conformity of the Product with the Sales Agreement, are governed by the Act of 30 May 2014 on Consumer Rights.
b. The basis and scope of the Seller's liability under the statutory warranty towards a Customer who is an Entrepreneur referred to in § 9 are governed by the Civil Code Act of 23 April 1964.
c. The Seller shall be liable to a Customer who is a Consumer or an entity referred to in § 10 of these Terms and Conditions for any lack of conformity of the Product with the Sales Agreement that exists at the time of delivery of the Product and becomes apparent within two (2) years from that date, unless the expiry date or period of usability specified by the Seller or persons acting on the Seller's behalf is longer.
d. Notification of a lack of conformity of the Product with the Sales Agreement, together with the relevant claim, may be submitted by e-mail to contact@mepmu.com or in writing to: ul. Popularna 20, 02-473 Warsaw, Poland.
e. The written or electronic notification should contain as much information and as many circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity, together with the Customer's contact details. Providing complete information will significantly facilitate and expedite the complaint handling process.
f. For the purpose of assessing the alleged lack of conformity of the Product with the Sales Agreement, the Consumer or the entity referred to in § 10 of these Terms and Conditions shall make the Product available to the Seller, and the Seller shall collect the Product at its own expense.
g. The Seller shall respond to the Customer's request without undue delay, and in any event no later than fourteen (14) days from the date of its receipt.
h. In the case of a complaint submitted by a Consumer or an entity referred to in § 10 of these Terms and Conditions, failure by the Seller to respond within fourteen (14) days shall be deemed acceptance of the complaint.
i. A Customer who is a Consumer or an entity referred to in § 10 may first request that the Product be repaired or replaced by the Seller. A reduction of the Price or withdrawal from the Sales Agreement may be requested only in the cases specified in the Act of 30 May 2014 on Consumer Rights (including where the lack of conformity is significant, where the Seller has refused to bring the Product into conformity with the Sales Agreement, or where the lack of conformity continues despite the Seller's previous attempts to remedy it).
j. In the event of a justified complaint submitted by a Consumer or an entity referred to in § 10 of these Terms and Conditions, the Seller shall:
a. bear the costs of repairing or replacing the Product and the costs of re-delivering the Product to the Customer;
b. reduce the Price of the Product (the reduced Price shall remain proportionate to the value of a Product conforming to the Sales Agreement in comparison with a non-conforming Product) and reimburse the Consumer or the entity referred to in § 10 the amount corresponding to the Price reduction no later than fourteen (14) days from receipt of the declaration requesting the Price reduction;
c. where the Consumer or the entity referred to in § 10 withdraws from the Sales Agreement, refund the Price of the Product no later than fourteen (14) days from the date of receipt of the returned Product or proof of its return. In the event of withdrawal from the Sales Agreement, the Consumer or the entity referred to in § 10 shall promptly return the Product to the Seller at the Seller's expense.
k. The response to the complaint shall be provided on paper or another durable medium, such as an e-mail or SMS message.
§ 8 RIGHT OF WITHDRAWAL FROM THE SALES AGREEMENT
- Subject to Section 10 of this paragraph, a Customer who has concluded a distance contract may withdraw from it without stating any reason by submitting the appropriate declaration within thirty (30) days. To meet this deadline, it is sufficient to send the withdrawal form made available by the Store.
- In the event of withdrawal from the Sales Agreement, the Agreement shall be deemed never to have been concluded, and the Consumer or the entity referred to in § 10 of these Terms and Conditions shall return the Product to the Seller or hand it over to a person authorised by the Seller to receive it without undue delay, but no later than fourteen (14) days from the date of withdrawal, unless the Seller has offered to collect the Product personally. The deadline shall be deemed met if the Product is dispatched before its expiry.
- In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address:
ul. Popularna 20, 02-473 Warsaw, Poland
- The Consumer or the entity referred to in § 10 of these Terms and Conditions shall be liable for any diminution in the value of the Product resulting from use exceeding what is necessary to establish the nature, characteristics, and functioning of the Product, unless the Seller failed to inform the Consumer or the entity referred to in § 10 of the manner and deadline for exercising the right of withdrawal and failed to provide the model withdrawal form. In order to determine the nature, characteristics, and functioning of the Products, the Consumer or the entity referred to in § 10 should handle and inspect the Products only in the same manner as would be possible in a physical retail store.
- Subject to Sections 6 and 8 of this paragraph, the Seller shall reimburse the value of the Product together with the delivery costs using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 10 has expressly agreed to another method of reimbursement that does not involve any additional costs. Subject to Section 7 of this paragraph, the reimbursement shall be made without undue delay and no later than fourteen (14) days from the date on which the Seller receives the declaration of withdrawal from the Sales Agreement.
- If the Consumer or the entity referred to in § 10 selected a method of delivery other than the least expensive standard delivery method offered by the Store, the Seller shall not be obliged to reimburse the additional costs incurred by the Consumer.
- Unless the Seller has offered to collect the Product personally from the Consumer or the entity referred to in § 10, the Seller may withhold reimbursement of payments received until the Product has been returned or until proof of its return has been provided, whichever occurs first.
- A Consumer or an entity referred to in § 10 who withdraws from the Sales Agreement pursuant to Section 1 of this paragraph shall bear only the direct costs of returning the Product to the Seller.
- The fourteen (14)-day withdrawal period referred to above shall be calculated as follows:
a. for a contract under which the Seller delivers a Product and is obliged to transfer ownership thereof – from the date on which the Consumer or the entity referred to in § 10 (or a third party indicated by them, other than the carrier) takes possession of the Product;
b. for a contract covering multiple Products delivered separately, in batches or in parts – from the date on which possession is taken of the last Product, batch, or part;
c. for a contract involving the regular delivery of Products over a specified period – from the date on which possession is taken of the first Product;
d. for all other contracts – from the date of conclusion of the contract.
- The right to withdraw from a distance contract shall not apply to a Consumer or an entity referred to in § 10 in respect of Sales Agreements:
a. where the subject matter of the contract is a non-prefabricated Product manufactured according to the Consumer's specifications or intended to satisfy the Consumer's individual needs;
b. where the subject matter of the contract is a Product supplied in sealed packaging which, after opening, cannot be returned for reasons of health protection or hygiene, if the packaging has been opened after delivery;
c. where the subject matter of the contract consists of Products which, by their nature, become inseparably mixed with other items after delivery;
d. for the provision of services for which the Consumer is obliged to pay the Price, where the service has been fully performed with the Consumer's prior express consent and acknowledgment that the right of withdrawal will be lost once the service has been fully performed;
e. where the subject matter of the contract is a Product that is liable to deteriorate rapidly or has a short shelf life.
- The right to withdraw from the Sales Agreement shall also be available to both the Seller and the Customer where the other party fails to perform its contractual obligations within the strictly specified time limit.
§ 9 PROVISIONS APPLICABLE TO ENTREPRENEURS (B2B)
- The provisions of this paragraph apply exclusively to Entrepreneurs who are not entitled to the protection afforded under the Act on Consumer Rights, as referred to in § 10 of these Terms and Conditions.
- The Seller shall have the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within thirty (30) Business Days from the date of its conclusion. Withdrawal from the Sales Agreement in such a case may be made without stating any reason and shall not give rise to any claims by the Customer who is not a Consumer against the Seller.
- The Seller shall have the right to limit the payment methods available to Customers who are not Consumers, including the right to require advance payment of part or all of the Sales Price, regardless of the payment method selected by the Customer or the fact that the Sales Agreement has already been concluded.
- The benefits and burdens associated with the Product, as well as the risk of accidental loss of or damage to the Product, shall pass to the Customer who is not a Consumer upon the Seller handing over the Product to the carrier. In such a case, the Seller shall not be liable for any loss, shortage, or damage to the Product arising from the moment the Product is accepted for transport until it is delivered to the Customer, nor for any delay in the transportation of the shipment.
- Where the Product is shipped to the Customer by a carrier, the Customer who is not a Consumer is obliged to inspect the shipment at the time and in the manner customary for shipments of that type. If the Customer determines that the Product has suffered loss or damage during transport, the Customer shall take all actions necessary to establish the carrier's liability.
- The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating any reason by sending the Service Recipient who is not a Consumer a notice of termination.
§ 10 PROVISIONS APPLICABLE TO ENTREPRENEURS ENJOYING CONSUMER RIGHTS
- A sole trader conducting business activity (this paragraph does not apply to commercial companies) shall be entitled to the protection provided under the Act on Consumer Rights, provided that the agreement concluded with the Seller is directly related to that business activity but, based on its content, is not of a professional nature for that Entrepreneur, particularly in light of the scope of the business activity disclosed in the Entrepreneur's registered business activities.
- The Entrepreneur referred to in Section 1 of this paragraph shall be entitled to such protection solely with respect to:
a. unfair contractual terms;
b. liability arising from the lack of conformity of the Product with the Sales Agreement;
c. the right to withdraw from a distance contract;
d. the rules governing agreements for the supply of digital content or digital services.
- The Entrepreneur referred to in Section 1 of this paragraph shall lose the rights arising from consumer protection if the Sales Agreement concluded with the Seller is of a professional nature. Such professional nature shall be verified on the basis of the Entrepreneur's entry in the Central Registration and Information on Business of the Republic of Poland (CEIDG), in particular with reference to the Polish Classification of Business Activities (PKD) codes indicated therein.
- Entrepreneurs referred to in Section 1 of this paragraph are not entitled to the institutional protection available to Consumers through the Municipal (District) Consumer Ombudsmen or the President of the Office of Competition and Consumer Protection (UOKiK).
§ 11 TYPES AND SCOPE OF ELECTRONIC SERVICES
- Through the Store, the Service Provider enables the use of the following Electronic Services:
a. concluding Sales Agreements for Products;
b. maintaining an Account in the Store;
c. the Review System.
- Electronic Services are provided to Service Recipients through the Store under the terms and conditions set out in these Terms and Conditions.
- The Service Provider shall have the right to publish advertising content on the Store's website. Such content constitutes an integral part of the Store and of the materials presented therein.
§ 12 TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES AND THE CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
- The Electronic Services referred to in § 11 Section 1 of these Terms and Conditions are provided by the Service Provider free of charge.
- The agreements for the provision of Electronic Services are concluded for the following periods:
a. the agreement for the provision of the Electronic Service consisting of enabling the placement of an Order through the Store is concluded for a fixed term and shall terminate upon the placement of the Order or upon the Service Recipient ceasing to place the Order;
b. the agreement for the provision of the Electronic Service consisting of maintaining an Account in the Store is concluded for an indefinite period. The agreement is concluded when the Service Recipient submits the completed Registration Form;
c. the agreement for the provision of the Electronic Service consisting of the use of the Review System is concluded for a fixed term and shall terminate upon the submission of a review or upon the Service Recipient ceasing to use that Electronic Service.
- The technical requirements necessary to use the ICT system employed by the Service Provider are as follows:
a. a computer (or mobile device) with Internet access;
b. access to an e-mail account;
c. a web browser;
d. cookies and JavaScript enabled in the web browser.
- The Service Recipient is obliged to use the Store in a manner consistent with applicable law and accepted standards of good practice, while respecting the personal rights and intellectual property rights of third parties.
- The Service Recipient is obliged to provide data that are accurate and truthful.
- The Service Recipient is prohibited from providing any content of an unlawful nature.
§ 13 COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES
- The Service Recipient may submit complaints relating to the provision of Electronic Services through the Store by e-mail to: contact@mepmu.com.
- The e-mail referred to above should contain as much information and as many circumstances as possible concerning the subject of the complaint, in particular the type and date of the irregularity, together with the Service Recipient's contact details. Providing complete information will significantly facilitate and expedite the complaint handling process by the Service Provider.
- The Service Provider shall examine the complaint without undue delay, and in any event no later than fourteen (14) days from the date on which it is submitted.
- The Service Provider's response to the complaint shall be sent to the Service Recipient's e-mail address provided in the complaint or by another method indicated by the Service Recipient.
§ 14 CONDITIONS FOR TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Termination of an agreement for the provision of an Electronic Service:
a. an agreement for the provision of an Electronic Service of a continuous and indefinite nature (maintenance of an Account) may be terminated;
b. the Service Recipient may terminate the agreement with immediate effect and without stating any reason by sending an appropriate declaration by e-mail to contact@mepmu.com or by deleting the Account;
c. the Service Provider may terminate an agreement for the provision of an Electronic Service of a continuous and indefinite nature if the Service Recipient breaches these Terms and Conditions, in particular by providing unlawful content, provided that the Service Provider has first requested the Service Recipient to cease such breach within an appropriate time limit and the request has proved ineffective. In such a case, the agreement shall terminate upon the expiry of seven (7) days from the date on which the notice of termination is delivered (notice period);
d. termination of the agreement shall result in the legal relationship ending with effect for the future.
- The Service Provider and the Service Recipient may terminate the agreement for the provision of Electronic Services at any time by mutual agreement.
§ 15 INTELLECTUAL PROPERTY
- All content published on the website www.mepmu.com is protected by copyright law and (subject to § 15 Section 3 and content posted by Service Recipients under a licence, assignment of economic copyrights, or permitted use) is the property of Filip Drążkiewicz, conducting business under the name Quantum Filip Drążkiewicz, entered into the Central Registration and Information on Business of the Republic of Poland (CEIDG) maintained by the minister responsible for economic affairs, with its place of business and service address at ul. Stawy 5, 02-467 Warsaw, Poland, Tax Identification Number (NIP): 6342370944, REGON: 146345912. The Service Recipient shall bear full liability for any damage caused to the Service Provider as a result of using any content available on www.mepmu.com without the prior consent of the Service Provider.
- Any use by any person, without the prior express written consent of the Service Provider, of any element comprising the content of www.mepmu.com shall constitute an infringement of the Service Provider's copyright and may result in both civil and criminal liability.
- All trade names, Product names, company names, trademarks, and logos displayed on the Store's website at www.mepmu.com remain the property of their respective owners and are used solely for identification purposes. They may constitute registered trademarks. All materials, descriptions, and photographs presented on the Store's website are provided for informational purposes only.
§ 16 LIABILITY
- The Service Provider designates a contact point within the meaning of the Digital Services Act (DSA) at its registered office and via the e-mail address specified in § 2 of these Terms and Conditions.
- It is prohibited to publish unlawful content through the Store (including comments, reviews, etc.), as well as content that:
a. is unrelated to the subject matter of the Store;
b. unjustifiably damages the reputation or good name of the Service Provider;
c. contains language generally regarded as vulgar or offensive;
d. promotes business activities competing with those of the Service Provider.
- If content referred to in Section 2 is published, the Service Provider may moderate such content, including by refusing publication, reducing its visibility, removing it, disabling access to it, restricting or disabling its monetisation, suspending or closing the user's account, or suspending or terminating the provision of services to the user.
- Where content published by Service Recipients is moderated automatically using an algorithm, Service Recipients retain the right to appeal the Service Provider's decision. Appeals may be submitted by e-mail to contact@mepmu.com. The appeal should briefly describe the factual circumstances and provide the reasons for the appeal. The Service Provider shall examine the appeal within fourteen (14) days in accordance with the procedures laid down in the Digital Services Act (DSA).
- Any Service Recipient who becomes aware of content violating the rules described in this paragraph may report such illegal content by e-mail to contact@mepmu.com.
- The notification referred to in Section 5 shall include the following:
a. a sufficiently substantiated explanation of the reasons why the Service Recipient considers the information in question to constitute illegal content;
b. a clear indication of the exact electronic location of the information, such as the precise URL or URLs and, where applicable, additional information enabling the identification of the illegal content, depending on the type of content and the hosting service concerned;
c. the full name (or company name) and e-mail address of the Service Recipient submitting the notification, except where the notification concerns information related to one of the criminal offences referred to in Articles 3–7 of Directive 2011/93/EU;
d. a declaration confirming the Service Recipient's good-faith belief that the information and allegations contained in the notification are accurate and complete.
- The Service Provider shall acknowledge receipt of the notification referred to in Section 5 and shall inform the notifying Service Recipient, without undue delay, whether the notification has been accepted or rejected.
- If the notification referred to in Section 5 is found to be justified, the Service Provider shall, where possible, inform the Service Recipient responsible for the violation that moderation measures have been taken in respect of the published content, together with the legally required justification.
- If the Service Provider becomes aware of any information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of one or more persons has been committed, is being committed, or is likely to be committed, the Service Provider shall immediately notify the competent law enforcement or judicial authorities, providing the reasons for its suspicion together with all relevant information available to it.
- The Service Provider shall inform Service Recipients of any significant amendments to these Terms and Conditions.
- Service Recipients shall bear full responsibility for any breach of law or damage caused through their activities within the Store, including in particular providing false information, disclosing confidential information or other legally protected secrets, infringing personal rights, copyrights or related rights, or processing the personal data of other Service Recipients for purposes inconsistent with those of the Store or in violation of applicable personal data protection legislation.
- The Service Provider shall make reasonable efforts to inform Service Recipients in advance of any anticipated disruptions to the operation of the Store, in particular any interruptions in access to the Store.
- The Service Provider shall make every reasonable effort to ensure that the Store operates properly from both a legal and technical perspective.
- The Service Provider shall monitor changes in applicable law and update the Store accordingly to ensure compliance with such changes.
- Updates to the Store's system shall be carried out by the Service Provider without imposing any additional costs on Service Recipients.
- The Service Provider shall take all reasonable measures to protect the data of Service Recipients.
- The Service Provider shall not be liable towards Service Recipients who are Entrepreneurs for:
a. any direct or indirect loss or damage (including, without limitation, loss of business profits, business interruption, loss of commercial information, or any other financial loss) resulting from the use of, inability to use, or malfunction of the Store's software, or resulting from failures of ICT systems or power supply networks;
b. any consequences arising from improper use of the Store by a Service Recipient who is not a Consumer, or from the improper functioning of the hardware, software, or telecommunications systems used by the Service Recipient to access the Store;
c. any damage resulting from errors, failures, interruptions, or downtime affecting the Store, or from incorrect saving or reading of data downloaded by Service Recipients;
d. disruptions to the proper functioning of the Store or loss of data affecting Service Recipients who are not Consumers resulting from force majeure or actions of third parties;
e. actions of third parties involving the use of data or materials published in the Store in a manner contrary to applicable law or these Terms and Conditions;
f. inability to log into the Store's system caused in particular by the quality of the Internet connection, failures of ICT systems or power supply networks, or incorrect software configuration on the part of Service Recipients who are not Consumers;
g. any consequences arising from the loss of a password.
- The Service Recipient shall be solely responsible for providing an e-mail address to which they do not have access, including an incorrect e-mail address or one belonging to another person or entity.
§ 17 FINAL PROVISIONS
- All agreements concluded through the Store shall be governed by the laws of the Republic of Poland.
- If any provision of these Terms and Conditions is found to be inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the invalid or unenforceable provision.
- Any disputes arising from Sales Agreements concluded between the Store and its Customers shall, in the first instance, be resolved through negotiations with the intention of reaching an amicable settlement, taking into account the provisions of the Act on Out-of-Court Consumer Dispute Resolution. If such resolution proves impossible or is unsatisfactory for either party, the dispute shall be resolved by the competent common court in accordance with Section 4 of this paragraph.
- Judicial settlement of disputes:
a. any disputes arising between the Service Provider and a Service Recipient (Customer) who is a Consumer or an entity referred to in § 10 of these Terms and Conditions shall be submitted to the courts having jurisdiction under the provisions of the Polish Code of Civil Procedure of 17 November 1964;
b. any disputes arising between the Service Provider and a Service Recipient (Customer) who is not a Consumer, as referred to in § 9 of these Terms and Conditions, shall be submitted to the court having jurisdiction over the registered office of the Service Provider.
- A Customer who is a Consumer is also entitled to use out-of-court methods of dispute resolution, in particular by submitting, after completion of the complaint procedure, an application to commence mediation or an application for the dispute to be examined by an arbitration court (the application form is available on the website of the Office of Competition and Consumer Protection (UOKiK) at www.uokik.gov.pl). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is also available on the UOKiK website. The Consumer may also seek free assistance from a municipal (district) consumer ombudsman or from a consumer protection organisation whose statutory purpose is the protection of consumer rights. Out-of-court dispute resolution following the completion of the complaint procedure is free of charge.
- A Customer who is a Consumer may also make use of European Alternative Dispute Resolution (ADR) bodies dealing with out-of-court dispute resolution. One such option is available through adrcenter.com/solve. Further information regarding out-of-court dispute resolution may also be found on the official website of the European Union at europa.eu.