I. General provisions.
III. Electronic services in the Online Store.
IV. Complaint procedure.
V. Conclusion of Sales Agreement.
VI. Price and methods of payment for Products.
VII. Costs, methods and periods of delivery and collection of Products.
VIII. Product complaints.
IX. Right of withdrawal.
X. Out-of-court complaint handling, claim procedures and rules of access to procedures.
XI. Special provisions in case of concluding Sales Agreement with Businesses.
XII. Judicial settlement of disputes.
XIV. Final provisions.
1. The Online Store is available at the Internet address www.maritex.com.pl (hereinafter referred to as “Online Store”).
2. The Online Store is operated by the Service Provider.
3. These General Terms and Conditions are addressed both to consumers and businesses using the Online Store (with the exception of Section XI of the General Terms and Conditions, which is addressed only to Businesses).
4. The Service Provider takes steps to ensure the proper operation of the Online Store and agrees to remove any irregularities in the operation of the Online Store without undue delay.
5. The User is obliged to use the Online Store in a manner consistent with the law and good practice, with due regard to respect for personal rights, copyrights and intellectual property of the Service Provider and third parties.
6. The User is obliged to enter data consistent with the facts.
7. The User is obliged to prohibit the provision of unlawful content.
1. Business day – a single day from Monday to Friday excluding public holidays.
2. Registration Form – a form available in the Store that allows you to create an Account.
3. Order Form – an interactive form available in the Store that enables placing an Order, in particular by adding Products to an electronic cart and determining the terms of a sales agreement, including the method of delivery and payment.
4. Account – a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the User, in which data provided by the User and information about Orders placed by him in the Store are stored.
5. Consumer – a natural person making a legal transaction with an entrepreneur, not directly related to his economic or professional activity.
6. Cart – an electronic form made available by the Service Provider in the Online Store, through which the User selects Products in order to place an Order.
7. Buyer – a user who has concluded a sales agreement.
8. Newsletter – information, including commercial information within the meaning of the Act of 18 July 2002 on electronic provision of services (Journal of Laws of 2002, No. 144, item 1204 as amended) originating from the Service Provider and sent to the User electronically, by or on behalf of the Service Provider.
9. Product – a movable thing made available in the Online Store by the Service Provider, which can be purchased by the User through a Sales Agreement.
10. Business – a natural person, a legal person or an organizational unit not being a legal person that is granted legal capacity by a separate act of law, conducting economic activity. Businesses shall also include partners in a civil partnership to the extent of their business activities and individuals who conclude an agreement directly related to their business activities, where the content of the agreement indicates that it is of a professional nature for them, arising in particular from the subject matter of their business activities, made available on the basis of the provisions of the Central Business Register and Information on Business Activities.
11. General Terms and Conditions – these General Terms and Conditions drawn up on the basis of the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws of 2002, No. 144, item 1204 as amended).
12. Seller – Service Provider who has concluded a sales agreement with the Buyer.
13. Service Provider – MARITEX Leszek Łosin Spółka jawna with its registered office in Gdynia (registered office and delivery address: ul. Rdestowa 53D, 81-577 Gdynia), entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000880720; kept by the District Court Gdańsk-North in Gdańsk, 8th Commercial Division of the National Court Register, NIP: 9581659572; REGON: 221578676, e – mail: email@example.com.
14. User – a natural person, legal person or organizational unit without legal personality, to whom the law grants legal capacity, who concludes or intends to conclude a Sales Agreement with the Seller.
15. Sales Agreement – a sales agreement within the meaning of the Act of 23 April 1964 Civil Code (Journal of Laws No. 16, item 93 as amended) concluded via the Online Store between the Buyer and the Seller within the meaning of the Act of 30 April 2014 on Consumer Rights (Journal of Laws of 2014, item 827 as amended).
16. Electronic Service – a free service provided electronically by the Service Provider to the User for an indefinite period of time via the Online Store, enabling the selection and purchase of Goods from the Seller in the Online Store.
17. Order – User’s declaration of will placed via the Order Form, e-mail or by phone and aimed directly at concluding a Product Sales Agreement with the Seller.
1. The following electronic services are available: Account, Order Form, e-mail and Newsletter.
2. Using the Account is possible after completing the Registration Form, in which it is necessary for the User to provide the following data:
b) full name,
c) address (street, number of the house / apartment, zip code, city, country),
d) e-mail address,
e) contact phone number,
3. For Users who are not consumers, it is also necessary to provide the following:
a) name (company),
b) NIP number.
4. The User has the ability, at any time and without giving reasons, to delete the Account by sending a request to the Service Provider via e-mail or in writing to the address of the Service Provider.
5. Use of the Order Form begins with the Customer adding the first Product to the cart in the Online Store.
6. Order is placed when the User has performed the following two steps:
a) completing the Order Form and
b) clicking the “Confirm purchase” button on the Store website after completing the Order Form – until this moment, there is a possibility of independent modification of the entered details (for this purpose, you should follow the messages displayed and the information available on the website of the Online Store).
7. In the Order Form it is necessary for the User to provide the data referred to in para. 2 and 3 and the following data concerning the Sales Agreement:
b) quantity of Product(s),
c) place and method of delivery of Product(s)
d) method of payment.
8. The User may also place an order via e-mail, by sending an e-mail message to the e-mail address of the Online Store published on the website.
9. When placing an order via e-mail, para. 2 letters b – e, para. 3 and para. 7 letters a – d shall apply accordingly.
10. The provision of electronic service is completed upon placement of an Order or upon prior aborting of Order placement by the User.
11. The use of the newsletter begins with entry in the “Newsletter” tab visible on the Online Store website of an e-mail address to which new issues of the newsletter are to be sent and clicking the “Subscribe” box.
12. It is also possible to sign up for the newsletter by ticking the appropriate checkbox when setting up the Account – the User is then signed up for the newsletter upon creation of the User Account.
13. The User has the possibility, at any time and without giving reasons, to unsubscribe from the newsletter by sending an appropriate request to the Service Provider via e-mail or in writing to the address of the Service Provider.
1. The User may submit complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure described in Section VIII of the General Terms and Conditions):
a) in writing,
b) in electronic form via e-mail,
c) in electronic form via the form available within the Account after logging in.
2. In the description of the complaint the User shall include the following data:
a) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of irregularities;
b) User’s request;
c) contact data of the User.
3. Failure to provide the details referred to in para. 2 shall not affect the effectiveness of complaints lodged without them.
4. The Service Provider shall respond to a complaint immediately, no later than within 14 calendar days, and in justified cases within 30 days from the date of its submission.
5. The above reservation of an extended claim response period of 30 days shall not apply to complaints on Products submitted by non-business Buyers.
1. Conclusion of Sales Agreement between the Buyer and Seller takes place after prior submission by the Customer of an Order using the Order Form in the Online Store, by e-mail or telephone.
2. The Buyer may submit orders via e-mail or telephone through e-mail addresses or telephone numbers indicated at the following address: https://www.maritex.com.pl/dane_kontaktowe_maritex.html.
3. If the Buyer chooses to place an order by telephone, the Buyer is obliged to provide the employee of the Online Store handling the call, in addition to the details referred to in Section III para. 2 letters, b – e, para. 3 and para. 7 letters a – d, the following details:
a) name of the Product, possibly the manufacturer’s code,
b) quantity of Product(s),
c) place and method of delivery of Product(s)
d) method of payment,
e) e-mail address.
4. Placing an Order by phone is associated with the obligation to pay on the part of the Buyer.
5. In case of placing the Order by phone, the Seller provides the non-business Buyer with information on:
a) the main features of the Seller’s performance;
b) designation of the Seller;
c) total price for the Goods and fee for delivery of the Product;
d) right to withdraw from the Sales Agreement;
e) duration of the Sales Agreement – for the period of its execution.
6. Orders may be placed by phone on Working Days, from 08:00 to 16:00, except for public holidays.
7. After placing an Order, regardless of its form, the Seller shall immediately confirm its receipt and at the same time accept the Order for execution.
8. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Buyer an appropriate message via e-mail to the e-mail address provided by the User.
9. The Seller’s message referred to in para. 8 includes in particular:
a) the Seller’s statement of receipt of the Order and its acceptance for execution,
b) confirmation of concluding a Sales Agreement,
c) General Terms and Conditions of the Online Store,
10. Upon receipt by the Buyer of the above e-mail message the Sales Agreement is concluded.
1. The price of the Product shown on the web page of the Online Store is given according to the Customer’s choice in Polish zloty (PLN), US dollars (USD) or Euros (EUR) and includes taxes.
2. The User is informed about the total price, including taxes, of the Product being the subject of the Order, as well as about delivery costs (including fees for transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined – about the obligation to pay them, on the pages of the Online Store during the placement of the Order, including at the moment of expressing by the User the will to be bound by the Sales Agreement.
3. The Seller allows the following methods of payment for the Product:
a) cash on delivery;
b) payment by bank transfer to the bank account of the Seller;
c) electronic payment and payment by credit card via eCard.pl – current possible payment methods are defined on the Online Store website under “Payment methods” and on the website http://www.ecard.pl.
4. Clearing of electronic payment and payment card transactions are carried out at the Client’s choice through the eCard.pl service.
5. The electronic payment and payment card transactions are processed by eCard Spółka Akcyjna with its seat in Gdańsk, ul. Arkońska 11, 80-387 Gdańsk, share capital PLN 16,840,000.00 (paid in full), entered in the Register of Entrepreneurs kept by the District Court Gdańsk-North in Gdańsk, 7th Commercial Division of the National Court Register under KRS number: 0000042304, NIP: 5213103040, REGON: 01634178600000.
6. If the Buyer chooses transfer payment, electronic payment or card payment, the Buyer is obliged to make payment within 7 calendar days of the conclusion of the Sales Agreement, unless the Sales Agreement provides otherwise.
1. Delivery of the Product to the Buyer is chargeable, unless the Sales Agreement states otherwise.
2. Costs of delivery of the Product (including fees for transport, delivery and postal services) are indicated to the Buyer on the website of the On-line Store under “Delivery costs” and during the Order placement.
3. The Seller allows for the following methods of delivery and collection of the Product:
a) postal delivery,
b) postal cash on delivery,
c) courier delivery,
d) courier cash on delivery.
4. The deadline for delivery of the Product to the Buyer is up to 120 working days, unless the Seller specified a shorter deadline in the Product description or on Order placement.
5. For Products with different delivery dates, the delivery date is the longest specified date which, however, cannot exceed 120 working days.
6. The delivery starts from:
a) the date of crediting the Seller’s bank account or clearing account – in case the Buyer chooses wire transfer payment, electronic payment or payment card,
b) the date of conclusion of the Sales Agreement – in case the Buyer chooses cash on delivery payment.
1. The basis and scope of the Seller’s liability to the Buyer if the sold Product has a physical or legal defect (statutory guarantee) are defined by generally applicable laws, in particular the Polish Civil Code.
2. The Seller is obliged to provide the Buyer with a defect-free Product.
3. Detailed information concerning the Seller’s liability for defects in the Product and the Customer’s rights is specified on the website of the Online Store under “Product Complaint”.
4. A complaint may be submitted by the Customer in one of the following forms:
a) in writing to the address of the Seller, i.e. ul. Rdestowa 53D, 81-577 Gdynia;
b) in electronic form via e-mail to the address: firstname.lastname@example.org;
c) in electronic form via the form available within the Account after logging in (https://www.maritex.com.pl).
5. In the description of the complaint the User shall include the following details:
a) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of irregularities;
b) the Buyer’s request;
c) contact details of the Buyer.
6. Failure to provide the details referred to in para. 5 shall not affect the effectiveness of complaints lodged without them.
7. The Seller shall respond to the Buyer’s complaint immediately, but no later than within 14 calendar days from the date of its submission.
8. The Seller’s failure to respond within this period shall be tantamount to acceptance of the complaint.
9. For the Buyer to exercise his statutory guarantee rights, he shall deliver the defective Product at the Seller’s cost to the address: ul. Rdestowa 53D, 81-577 Gdynia.
10. If, due to the nature of the Product or its installation method, delivery of the Product by the Buyer would be excessively difficult, the Buyer is obliged to make the Product available to the Seller at the place where the Product is located.
1. A Consumer who has entered into a remote agreement, may within 14 calendar days withdraw from it without giving any reason and without incurring costs, except for the costs referred to in para. 12 – 14.
2. To meet the deadline referred to in para. 1 it is sufficient to send a statement to the Seller before its expiry.
3. Declaration of withdrawal from the agreement may be submitted in the following form:
a) in writing to the address of the Seller, i.e. ul. Rdestowa 53D, 81-577 Gdynia;
b) electronically by e-mail to the following address: email@example.com.
4. A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is additionally available on the Online Store website under “Withdrawal”.
5. Use of the model form by the Consumer is not mandatory.
4. The deadline for withdrawal from the agreement begins:
a) for agreements in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking possession of the Product by the consumer or a third party indicated by him other than the carrier,
b) for an agreement which:
-includes multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part,
-consists in a regular supply of Products for a fixed period – from the taking possession of the first Product.
c) for other agreements – from the date of conclusion of the agreement.
5. In the case of withdrawal from the remote agreement, the agreement is considered as not concluded.
6. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of consumer’s statement of withdrawal from the agreement, return to the Consumer all payments made by him, including the costs of delivery of the Product (with the exception of additional costs arising from the method of delivery chosen by the Consumer other than the cheapest ordinary way of delivery available at the Online Store).
7. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund, which does not involve any costs for him.
8. If the Seller has not offered to collect the Product from the Consumer himself, the Seller may withhold the reimbursement of payments received from the Consumer until the Product is received back or the Consumer provides proof of its return, whichever event occurs first.
9. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the agreement, return the Product to the Seller or transfer it to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself.
10. To meet the deadline referred to in para. 9, it is sufficient to return the Product before its expiry at the address of the Seller, i.e. ul. Rdestowa 53D, 81-577 Gdynia.
11. The Consumer bears responsibility for any reduction in the value of the Product resulting from using it in a manner beyond that necessary to determine the nature, characteristics and functioning of the Product.
12. Costs associated with the withdrawal from the agreement by the Consumer, which the Consumer is obliged to bear:
a) choice of a method of delivery of the Product other than the cheapest ordinary method of delivery available at the Online Store – the Seller is not obliged to reimburse the Consumer for additional costs incurred by him;
b) direct costs of returning the Product.
13. In the case of a Product which is a service, whose performance – at the express request of the Consumer – began before the end of the deadline for withdrawal from the agreement, the Consumer who exercises the right to withdraw from the agreement after making such a request, has an obligation to pay for the services performed until the withdrawal.
14. The amount to be paid referred to in para. 13 shall be calculated proportionately to the scope of the supply or provision effected, taking into account the price or remuneration agreed upon in the agreement. If the price or remuneration is excessive, the basis for the calculation of that amount shall be the market value of what has been supplied or provided.
15. The right of withdrawal from the agreement concluded at a distance does not apply to Consumers in relation to agreements:
a) For the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who has been informed before the provision that after the fulfilment of the service by the Seller he will lose the right to withdraw from the agreement;
b) in which the price or remuneration depends on fluctuations of the financial market over which the Seller has no control, and which may occur before the end of the deadline for withdrawal from the agreement;
c) in which the subject of performance is a non-prefabricated product, produced to consumer specifications or used to meet his individual needs;
d) in which the subject of the provision are Products which, after delivery, due to their nature, are inseparably combined with other things;
e) in which the Consumer expressly requested that the Seller travel to his premises in order to make an urgent repair or maintenance. If the Seller provides in addition other services than those, the performance of which the Consumer has requested, or provides Products other than replacement parts necessary for the performance of repair or maintenance, the right of withdrawal is granted to the Consumer in relation to such additional services or Products;
f) for the supply of digital content which is not supplied on a tangible medium if the provision has begun with the consumer’s prior express consent before the end of the period for withdrawal from the agreement and after they have been informed by the entrepreneur about the loss of the right of withdrawal from the contract.
1. Details on the manner and access to out-of-court forms of dispute resolution can be found at: http://www.uokik.gov.pl/spory_konsumenckie.php
2. The Buyer may obtain free assistance to resolve a dispute between the Buyer and the Seller, using also the free assistance of district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association). Advice is provided by the Federation of Consumers at the toll-free Consumer Helpline number 800 007 707 and by the Polish Consumers’ Association at the following email address: firstname.lastname@example.org.
3. At: http://ec.europa.eu/consumers/odr/ a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and traders seeking to resolve out-of-court a dispute concerning contractual obligations arising from an online sales or service agreement.
1. The provisions of Section XI shall apply to Businesses.
2. The Seller shall have the right to withdraw from the Sales Agreement concluded with the Buyer within 14 calendar days from the date of its conclusion.
3. Withdrawal from the Sales Agreement in the case referred to in para. 2 may be made without giving any reason and does not give rise to any claims against the Seller on the part of the Buyer.
4. The Seller shall have the right to limit the available methods of payment, including the requirement of making a prepayment in full or in part, regardless of the method of payment chosen by the Buyer and the fact of concluding the Sales Agreement.
5. Upon release of the Product by the Seller to the carrier, any benefits and burdens associated with the Product shall pass on the Buyer as well as the danger of accidental loss or damage to the Product.
6. In the case referred to in para. 5, the Seller shall not be liable for loss, damage or impairment of the Product occurring from its acceptance for shipment until its release to a non-business Buyer and for any delay in transportation.
7. If the Product is sent by a carrier, the Buyer is obliged to examine the shipment at the time and in the manner usual for shipments of this type.
8. If the Buyer finds that during transport there was a loss or damage to the Product, the Buyer is obliged to make all necessary arrangements to determine the liability of the carrier.
9. The Seller’s statutory guarantee liability for the Product towards the Buyer is hereby excluded.
10. For Business Customers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending the appropriate statement to the Customer.
1. For disputes arising from the application of these General Terms and Conditions of Sales Agreement, the competent court shall have general subject matter jurisdiction and general local jurisdiction – if the Buyer or the User is a Consumer.
2. In the case of any disputes arising from the application of these General Terms and Conditions or construction of this sales agreement, the competent court shall be the court of local jurisdiction for the Seller’s registered office – if the Buyer is a Business.
3. The Seller and the Buyer (being a Business or Consumer) may by way of an additional agreement determine the jurisdiction of another common court to resolve disputes.
1. The Seller / Service Provider undertakes to process personal data in a manner consistent with applicable law, including the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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) (hereinafter referred to as “GDPR”).
2. Placing an order regardless of its form and concluding a Sales Agreement constitutes consent to the processing of the Buyer’s personal data.
3. The Buyer’s personal data controller is “MARITEX” Leszek Łosin with its registered office in Gdynia (81 – 577) at u. Rdestowa 53 D.
4. Personal data are processed for the following purposes:
a) conclusion of the agreement and execution of the subject thereof,
b) provision of services,
c) tax purposes,
d) handling of complaints, taking orders,
f) carrying out required debt collection activities and judicial and administrative proceedings,
g) ensuring security on the Controller’s premises,
h) conducting activities related to ensuring security,
i) fulfilling legal obligations incumbent on the Seller.
5. The recipients of the Buyer’s personal data are the Seller’s employees and entities cooperating with the Seller in the performance of the subject of the Order.
6. The Buyer’s data shall be processed for the period necessary to fulfil the purposes referred to in para. 4 for the period of execution of the Agreement, and after its termination or expiration for the period required by law or necessary for the fulfilment of legally justified interests of the Seller.
7. The Seller undertakes to make every effort to ensure all physical, technical and organizational measures to protect personal data against accidental or intentional destruction, accidental loss, alteration, unauthorized disclosure.
8. The Buyer has a number of rights under the GDPR, in particular:
a) the right to rectification of data, should it turn out that the processed data are incorrect,
b) the right to access their data, including the right to obtain a copy of it and information on the processing,
c) the right to request erasure of personal data, in cases specified by the provisions of GDPR,
d) the right to request restriction of data processing,
e) the right to portability of the data provided to the Seller,
f) the right to lodge a complaint with the competent supervisory authority (President of the Office for Personal Data Protection) in case the Seller’s personal data processing processes violate the law.
9. The Buyer’s personal data shall not be transferred to entities located outside the European Economic Area.
10. Any necessary information about the processing of personal data, as well as about the Buyer’s rights shall be made available in electronic form, after sending a request for such information to the Seller’s e-mail address: email@example.com.
1. The provisions of these General Terms and Conditions concerning consumers shall also include natural persons concluding an agreement directly related to their business activity, when it follows from the content of this agreement that it is not of a professional nature for these persons, resulting in particular from the subject matter of their business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
2. Para. 1 shall not apply to agreements concluded before 1 January 2021.
3. Agreements concluded through the Online Store are concluded in the Polish language.
5. Pursuant to Article 6 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended), the Service Provider shall inform the User at his request, in the form chosen by him, about specific risks associated with the use of any services provided by electronic means.
6. The Service Provider reserves the right to make changes to the General Terms and Conditions for important reasons, such as: changes in legislation, changes in methods of payment and delivery – to the extent to which these changes affect the implementation of the provisions of these General Terms and Conditions.
7. If a particular provision of the General Terms and Conditions is deemed invalid or ineffective, the invalidity or ineffectiveness of that provision shall not affect the validity or effectiveness of the remaining provisions of the General Terms and Conditions. The Service Provider shall endeavour to replace the invalid or ineffective provision with a new provision that is not legally defective.
8. In the event that the change of the General Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the agreement.
Zdjęcie poglądowe – produkt zgodny z opisem może się różnić od przedstawionego na zdjęciu (kształt, kolor, inne cechy)