Terms and Conditions of the

M&M STRIKE Online Store

§ 1

Preliminary resolutions

1. The M&M STRIKE online store, available at WWW.MMSTRIKE. COM is operated by PLATFORMA BIZNESU MARTA BYKS, entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for the economy, NIP: 7811812310, REGON: 302221434.

2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance through the Store.

§ 2

Definitions

1. Consumer - a natural person who concludes a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity.

2. Seller - a natural person conducting business activity under the name: PLATFORMA BIZNESU MARTA BYKS, entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for the economy, NIP: 7811812310, REGON: 302221434.

3. Customer - any entity making purchases through the Store.

4. Entrepreneur - a natural person, legal person, and organizational unit that is not a legal person, to which a separate law grants legal capacity, conducting business activity on its own behalf, which uses the Store.

5. Store - an online store operated by the Seller at the following internet address: WWW.MMSTRIKE.COM.

6. Distance contract - a contract concluded with the Customer within an organized system of distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the contract.

7. Terms and Conditions - these Terms and Conditions of the Store.

8. Order - a declaration of will made by the Customer using the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.

9. Account - a customer account in the Store, which stores the data provided by the Customer and information about the Orders placed by them in the Store.

10. Registration Form - a form available in the Store, enabling the creation of an Account.

11. Order Form - an interactive form available in the Store, enabling the placement of an Order, in particular by adding Products to the Shopping Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

12. Shopping Cart – an element of the Store's software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order details, in particular the quantity of products.

13. Product – a movable item/service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.

14. Sales Agreement – an agreement for the sale of a Product concluded between the Customer and the Seller via the Online Store. The Sales Agreement is also understood to mean – depending on the characteristics of the Product – a contract for the provision of services and a contract for specific work.

15. Entrepreneur on the rights of a Consumer - a Customer who is a natural person concluding a Sales Contract directly related to his/her business activity, when it follows from the content of the Sales Contract that it is not of a professional nature for this Entrepreneur, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

§ 3

Contact with the Store

1. Seller's address: ul. Myśliborska 47, 60432 Poznań, Poland

2. Seller's e-mail address: contact@mmstrike.com

3. Seller's telephone number: +48733130330

4. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

§ 4

Technical requirements

1. In order to use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:

a.     a device with Internet access

b.     an active email account

c.     cookies enabled

d.     FlashPlayer installed

§ 5

General information

1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the Online Store with the Customer's technical infrastructure.

2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products included in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.

3. The prices listed in the Store are given in the following currencies: PLN, USD, EURO, GBP, and SEK, and are gross prices (including VAT).

4. The final (total) amount to be paid by the Customer consists of the price of the Product and the cost of delivery (including transport, delivery, and postal services), which the Customer is informed about on the Store's website when placing an Order, including at the moment of expressing their willingness to be bound by the Sales Agreement.

5. We do not collect, analyze or use user information to create user profiles that could then be used to personalize advertising content or other marketing efforts.

§ 6

Creating an Account in the Store

1. To create an Account in the Store, you must complete the Registration Form. The following information is required:

- customer's first and last name

- delivery address

- email address

- phone number

2. Creating an Account in the Store is free of charge.

3. Logging into the Account is done by entering the login and password established in the Registration Form.

4. The customer may delete their Account at any time, without giving any reason and without incurring any fees, by sending a request to the Seller, in particular by e-mail or in writing to the addresses provided in § 3.

§ 7

Rules for placing an Order

In order to place an Order, you must:

1. log in to the Store

2. select the Product that is the subject of the Order, and then click the “Add to cart” button (or equivalent);

3. fill in the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details, if different from the details of the recipient of the Order,

4. Click the “Order and pay” button/click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail,

5. select one of the available payment methods and, depending on the payment method, pay for the order within the specified time limit, subject to § 8 point 3.

 

 

§ 8

Offered delivery and payment methods

1. The Customer may use the following methods of delivery or collection of the ordered Product:

- Postal delivery

- Courier delivery

- Delivery to a parcel locker (only applicable in Poland)

2. The Customer may use the following payment methods:

a. Payment by bank transfer to the Seller's bank account

b. Electronic payments (imoje ING)

c. Payment by payment card

3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

§ 9

Execution of the sales contract 

1. The Sales Contract between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.

2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer an appropriate e-mail to the e-mail address provided by the Customer when placing the Order, which shall contain at least the Seller's statement of receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

3. If the Customer chooses:

a. payment by bank transfer, electronic payment, or payment card, the Customer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.

b. cash payment upon personal collection of the shipment, the Customer is obliged to make the payment upon collection of the shipment within 3 days from the date of receiving information about the shipment being ready for collection.

4. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order. 

5. A In the case of ordering Products with different delivery dates, the delivery date shall be the longest date specified.

B In the case of ordering Products with different delivery dates, the Customer may request delivery of the Products in parts or delivery of all Products after the entire order has been completed.

6. The start of the delivery period for the Product to the Customer shall be calculated as follows: If the Customer chooses to pay by bank transfer, electronic payment, or payment card, the delivery period shall commence on the date on which the Seller's bank account is credited.

7. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date specified in the Product description. The Customer will be additionally informed by the Seller about the Product's readiness for collection by sending an appropriate e-mail to the Customer's e-mail address provided when placing the Order.

8. In the case of ordering Products with different dates of readiness for collection, the Customer has the option of collecting the Products in parts (according to their readiness for collection) or collecting all Products after the entire order has been completed.

9. The start of the period of readiness of the Product for collection by the Customer is calculated as follows:

a.  If the Customer chooses to pay by bank transfer, electronic payment, or payment card, from the date on which the Seller's bank account is credited.

b.  If the Customer chooses to pay in cash upon personal collection, from the date of conclusion of the Sales Agreement.

10. The Product is delivered worldwide.

11. Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of Product delivery (including transport, delivery, and postal services) are indicated to the Customer on the Online Store website in the “Delivery Costs” tab and during the Order placement process, including at the moment when the Customer expresses their willingness to be bound by the Sales Agreement. 

12. Personal collection of the Product by the Customer is free of charge. 

 

§ 10

Right to withdraw from the contract

1. The Buyer (Consumer and Entrepreneur with Consumer Rights) has the right to withdraw from the contract in writing without giving any reason within 14 (fourteen) days from the date of conclusion of the contract pursuant to the Act of May 30, 2014. (Journal of Laws of 2014, item 827, as amended). In the event of written withdrawal from the contract, the Customer is obliged to return the goods within 14 (fourteen) days. This right also applies to a natural person – an Entrepreneur with Consumer Rights who concludes a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

2. The period specified in paragraph 1 begins from the delivery of the Product to the Consumer or to a person designated by them other than the carrier.

3. In the case of a Contract that covers multiple Products that are delivered separately, in batches, or in parts, the period specified in paragraph 1 runs from the delivery of the last item, batch, or part.

4. The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send the statement before the expiry of that period.

5. The statement may be sent by traditional mail or electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on a form, whose template is attached as Appendix 1 to these Terms and Conditions and as an appendix to the Act of May 30, 2014 on consumer rights, but this is not mandatory.

6. If the Consumer sends the statement electronically, the Seller shall immediately send the Consumer a confirmation of receipt to the e-mail address provided by the Consumer.

7.    Effects of withdrawal from the Agreement:

a.    In the event of withdrawal from a distance Agreement, the Agreement shall be deemed not to have been concluded.

b.    In the event of withdrawal from the Agreement, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, refund to the Consumer all payments made by the Consumer, including delivery costs, except for additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller.

c. The Seller shall refund the payment using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that does not involve any costs for them.

d. The Seller may withhold the refund until the Product is returned or until proof of its return is provided, whichever occurs first.

e. The Consumer should return the Product to the Seller's address specified in these Terms and Conditions immediately, no later than 14 days from the date on which they informed the Seller of their withdrawal from the Contract. The deadline will be met if the Consumer returns the Product before the expiry of the 14-day period.

f. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.

g. The Consumer shall only be liable for any reduction in the value of the Product resulting from its use in a manner other than that necessary to establish the nature, characteristics, and functioning of the Product.

8. If, due to the nature of the Product, it cannot be returned by regular mail, this information, as well as the costs of returning the Product, will be included in the Product description in the Store.

9. The Consumer shall not have the right to withdraw from a distance contract in relation to a Contract:

a.    where the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs,

b. in which the subject of the service is an item delivered in sealed packaging which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery,

c. where the subject of the service is an item that deteriorates quickly or has a short shelf life,

d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has performed the service, they will lose the right to withdraw from the Contract,

e. where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the Contract,

f. where the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items,

§ 11

Complaints and warranty

1.  The Sales Agreement covers new Products.

2.  The Seller is obliged to deliver goods free from defects to the Customer.

3.   In the event of a defect in goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions of the Civil Code regarding warranty.

4. Complaints should be submitted in writing or electronically to the Seller's addresses provided in these Terms and Conditions or using the electronic complaint form provided by the Seller on one of the Store's subpages.

5. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in connection with the defect in the goods. 

6. The Seller shall respond to the complaint request immediately, no later than within 14 days, and if it fails to do so within this period, the Customer's request shall be deemed justified.

7. Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of these Terms and Conditions.

8. If a warranty has been granted for the Product, information about it and its content will be included in the Product description in the Store.

9. The Seller shall be liable to the Consumer and the Entrepreneur on the rights of the Consumer for non-compliance of the Goods with the contract of sale existing at the time of delivery and revealed within two years from the moment of issue or the expiration of the minimum durability of the Goods.

10.  The Seller shall be liable to the Consumer and Entrepreneur on the rights of the Consumer on this account in accordance with the provisions of the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2022, item 2337).

11.  Complaint may be filed by the Consumer or Entrepreneur with the rights of the Consumer in writing/email and sent to the address of the seller.

12. The Seller shall be liable to the Consumer and to the Business Customer acting as a Consumer for any lack of conformity of the Goods with the sales contract existing at the time of delivery and revealed within two years from the date of delivery or expiry of the minimum shelf life of the Goods.

§ 12

Out-of-court methods of handling complaints and pursuing claims

1. Detailed information on the possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

2.  The consumer has the following examples of options for using out-of-court methods of handling complaints and pursuing claims:

a.   The consumer is entitled to refer the matter to a permanent consumer arbitration court, referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller. 

b.  The consumer is entitled to refer the matter to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable resolution of the dispute between the Consumer and the Seller. 

c.  The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers).

§ 13

Personal data in the Online Store

1. The Seller is the administrator of the personal data of Customers collected through the Online Store.

2. The personal data of Customers collected by the administrator through the Online Store is collected for the purpose of performing the Sales Agreement and, if the Customer agrees, also for marketing purposes.

3. The recipients of the personal data of Online Store Customers may be:

a. In the case of a Customer who uses the Online Store to deliver by post or courier, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary performing the delivery on behalf of the Administrator.

b. In the case of a Customer who uses electronic payment or payment card in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.

4. The User has the right to access and change their personal data at any time, as well as request the Administrator to delete it immediately (“right to be forgotten”).

5. Providing personal data is voluntary, however, failure to provide the personal data specified in the Terms and Conditions that is necessary to conclude the Sales Agreement will result in the inability to conclude said agreement.

6. The Administrator, through the Website and other forms of communication, collects and processes the following personal data of Users provided during the registration process on the Website: first and last name, address, email address, telephone number, etc.

7. Requests regarding the processing of personal data may be sent by email to the personal data administrator at: contact@mmstrike.com.

8. Personal data will be stored for the duration of the agreement and for the time required by applicable law, taking into account the limitation period for claims and tax obligations.

Personal data for processing to which you have given your consent will be stored until you withdraw your consent.

9. You have the right to lodge a complaint with the supervisory authority responsible for personal data protection, which is the President of the Personal Data Protection Office.

§ 14

Final resolutions

1. The Seller reserves the right to amend the Regulations for important reasons, i.e. changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer of any changes at least 7 days in advance.

2. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights; the Act on the protection of personal data. 

3. The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, the Customer may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.