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Regulations

TERMS AND CONDITIONS OF THE ONLINE SHOP
METALOPOLIS.PL

TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. TERMS OF SALE CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR PRODUCT
5. COST, METHODS AND DELIVERY TIME OF THE PRODUCT
6. PRODUCT COMPLAINTS
7. EXTRAJUDICIAL MANNERS OF EXAMINING COMPLAINTS AND PURSUING CLAIMS AND THE TERMS OF ACCESS TO THE PROCEDURES
8. RIGHT OF WITHDRAWAL (FOR SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
9. FINAL PROVISIONS
10. WITHDRAWAL FORM TEMPLATE

Online Shop www.metalopolis.pl cares about consumer rights. The consumer may not waive the rights conferred on them by the Consumer Rights Act. The provisions of the contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place, the provisions of the Consumer Rights Act shall apply. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts shall be clarified to the benefit of the consumer. In the event of any inconsistencies between these Terms and Conditions and the above provisions, these provisions shall prevail and be applicable.
1. GENERAL PROVISIONS
1.1. Online Shop available at the Internet address www.metalopolis.pl is run by the company METAL MIND PRODUCTIONS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Katowice (registered office address and mailing address: ul. Czajek 31, 40-534 Katowice); entered in the Register of Entrepreneurs of the National Court Register under number KRS 0000047789; registration court in which the company file is kept: District Court Katowice-Wschód in Katowice, VIII Commercial Division of the National Court Register; share capital in the amount of: PLN 50,000.00.; Tax ID: 6340126223; REGON: 003467885; e-mail: orders@metalopolis.pl.
1.2. These Terms and Conditions concern both consumers and businesses using the Online Shop.
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Service Provider. Personal data are processed for the purposes, in scope of and on the basis of the principles outlined in the Privacy Policy as published on the Online Shop website. Providing personal data is voluntary. Any person whose personal data are processed by Service Provider has the right to view their content and the right to update and amend them.
1.4. Definitions:
1.5. BUSINESS DAY - one day from Monday to Friday excluding public holidays.
1.6. REGISTRATION FORM - form available in the Online Shop which allows the creation of an Account.
1.7. ORDER FORM - Electronic Service, an interactive form available in the Online Shop which allows the submission of an Order, in particular by adding Products to the electronic shopping cart and determining the terms of Sale Contract, including the method of delivery and payment.
1.8. CLIENT - (1) a natural person with full legal capacity, and in the cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) entity without legal personality, to which the Act grants the legal capacity; - Which/who has or intends to enter into a Sale Contract with the Seller.
1.9. CIVIL CODE - Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.10. ACCOUNT - Electronic Service, a collection of resources in the IT system of the Service Provider identified by an individual name (login) and password given by the Client, in which data given by the Client and information about Orders placed in the Online Shop are collected.
1.11. PRODUCT – a mobile item, service or right being the subject of Sale Contract between the Client and the Seller, available in the Online Shop.
1.12. TERMS AND CONDITIONS - these Online Shop Terms and Conditions.
1.13. ONLINE SHOP - Service Provider’s Shop available at: www.metalopolis.pl.
1.14. SELLER; SERVICE PROVIDER - the company METAL MIND PRODUCTIONS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Katowice (registered office address and mailing address: ul. Czajek 31, 40-534 Katowice); entered in the Register of Entrepreneurs of the National Court Register under number KRS 0000047789; registration court in which the company file is kept: District Court Katowice-Wschód in Katowice, VIII Commercial Division of the National Court Register; share capital in the amount of: PLN 50,000.00.; Tax ID: 6340126223; REGON: 003467885; e-mail: orders@metalopolis.pl.
1.15. SALE CONTRACT - Product sales contract concluded or entered into between the Client and the Seller via the Online Shop.
1.16. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Client via the Online Shop.
1.17. SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in the cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) entity without legal personality, to which the law grants legal capacity; - Which/who uses or intends to use the Electronic Services.
1.18. CONSUMER RIGHTS ACT, ACT - Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014 item 827 as amended)
1.19. ORDER - the Client's representation submitted using the Order Form and aimed directly at concluding the Product Sale Contract with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The Online Shop offers the following Electronic Services: Account, Order Form.
2.2. Account - the use of the account is possible after performing the total of two consecutive steps by the Client - (1) completing the Registration Form, (2) clicking the action field. The Registration Form requires the provision of the following information by the Service Recipient: name/company name, address (street, house/apartment, zip code, city, country), email address, contact phone number and password.
2.3. Electronic Account Service is provided free of charge for an indefinite period. The Client has the option, at any time and without giving any reason, to remove the Account (cancel the Account) by sending a proper request to the Service Provider, in particular via e-mail to the following address: orders@metalopolis.pl or in writing to the following address: ul. Czajek 31, 40-534 Katowice.
2.4. Order Form – use of the Order Form starts when the Client first adds a Product to the electronic shopping cart in the Online Shop. Placing an Order occurs after the execution by the Client of the two consecutive steps - (1) after completing the Order Form, and (2) clicking "Confirm purchase" in the Online Shop after completing the Order Form - until then, there is the possibility of modification of the data entered (to do so, follow the prompts and information available on the Online Shop website). The Order Form requires the Client to provide the following data concerning the Client: name / company name, address (street, house / apartment, zip code, city, country), email address, contact phone number and the data regarding the Sale Contract: Product(s), number of Product(s), place and manner of delivery of the Product(s), method of payment. For Clients who are not consumers, it is necessary also to provide the company name and tax ID.
2.5. Order Form Electronic Service is provided free of charge, and as one-off service and is terminated at the time of placing the Order, or at the time of early termination of submission of an Order by the Client.
2.6. The technical requirements necessary to support the ICT system, which is used by the Service Provider: (1) computer, laptop, or other multimedia device with Internet access; (2) access to e-mail; (3) Web browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 and higher, Opera version 12.0 or higher, Google Chrome, version 23.0. and higher, Safari 5.0 or higher; (4) the minimum recommended screen resolution: 1024x768; (5) activating the cookies option in a web browser and Javascript.
2.7. The Client is obliged to use the Online Shop in a manner consistent with the law and good practice with respect for personal rights and copyright and intellectual property of the Service Provider and third parties. The Client is obliged to enter data consistent with the facts. The Client is forbidden from providing illegal content.
2.8. Complaints procedure:
2.9. The Client may submit complaints related to the provision of Electronic Services by the Service Provider and other complaints associated with the operation of the Online Shop (with the exception of the Product complaint procedure which has been indicated in point 6 and 7 of the Terms and Conditions), for example:
2.10. in writing to the following address: ul. Czajek 31, 40-534 Katowice;
2.11. in electronic form via e-mail to the following address: orders@metalopolis.pl;
2.12. the Client is recommended to provide the following in the description of the complaint: (1) information and facts concerning the subject of the complaint, in particular the type and date of irregularities; (2) the Client’s demands; and (3) the contact details of the complaining party - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements set out in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints lodged without the recommended description of the complaint.
2.13. Response to the complaint by the Service Provider shall take place immediately, but no later than 14 calendar days from the date of its submission.
3. TERMS OF SALE CONTRACT
3.1. Conclusion of the Sale Contract between the Client and the Seller takes place after placing the Order by the Client via the Order Form in the Online Shop in accordance with paragraph 2.1.2 of the Terms and Conditions.
3.2. Product price shown on the Online Shop website is given in PLN and includes taxes. The information on total price of the Product being the subject of the Order including taxes, as well as delivery costs (including charges for transport, delivery and postal services), and any other costs, and when impossible to determine the amount of those fees - the obligation to pay them, will be provided to the Client on the Online Shop website when placing the Order, also when the Client expresses their will to be bound by the Sale Contract.
3.3. Sale Contract Procedure in the Online Shop via Order Form
3.4. Conclusion of the Sale Contract between the Client and the Seller takes place after placing the Order by the Client in the Online Shop in accordance with paragraph 2.1.2 of the Terms and Conditions.
3.5. After placing the Order, the Seller shall immediately confirm the receipt and accept the Order for execution. Confirmation of receipt of the Order and acceptance thereof for execution by sending by the Seller to the Client an appropriate e-mail to the e-mail address of the Client specified when placing the order, including at least the Seller’s statement of the receipt of the Orders and acceptance thereof for execution and confirmation of the Sale Contract. Upon receipt of the above e-mail by the Client., Sale Contract is concluded between the Client and the Seller.
3.6. Preservation, securing and granting the Client access to the content of Sale Contract takes place by (1) the provision of these Terms and Conditions on the Online Shop website, and (2) sending an e-mail to the Client, as referred to in point 3.3.2. of the Terms and Conditions. The content of the Sale Contract is further perpetuated and secured in the computer system of the Online Shop.
4. METHODS AND TERMS OF PAYMENT FOR PRODUCT
4.1. Seller provides the Client with the following methods of payment under Sale Contract:
4.2. COD payment on delivery.
4.3. Payment by bank transfer to the bank account of the Seller.
4.4. Electronic payments and credit card payments via the service PayU.pl - available current methods of payment are set out on the website http://www.payu.pl.
4.5. Settlement of transactions by credit card and electronic payments is carried out in accordance with the Client’s choice via PayU.pl. Support for electronic and credit card payments is maintained by:
4.6. PayU.pl - PayU S.A., a company based in Poznan (address: ul. Grunwaldzka 182, 60-166 Poznan), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files are kept by the District Court in Poznań - Nowe Miasto and Wilda, the share capital in the amount of PLN 4,000,000 fully paid, Tax ID: 779-23-08-495.
4.7. Payment term:
4.8. Should the Client choose payment by transfer, electronic payment or credit card payment, Client is obligated to make payment within 7 calendar days from the date of the Sale Contract.
4.9. Should the Client choose COD payment on delivery, the Client is obliged to make a payment on delivery.
5. COST, METHODS AND DELIVERY TIME OF THE PRODUCT
5.1. Product delivery is available on Polish territory.
5.2. Product delivery to the Client is paid, unless the Sale Contract provides otherwise. Product shipping fees (including fees for transportation, delivery and postal services) are indicated to the Client on the Online Shop website and during the placement of the Order, including at the time of the expression by the Client of the will to be bound by the Sale Contract.
5.3. The Seller provides the Client with the following modes of delivery or receipt of the Product:
5.4. Postal delivery, COD postal delivery.
5.5. Courier, COD courier delivery.
5.6. Product delivery date to the Client is up to 4 Business Days, unless shorter term is given in the description of the Product or when placing the Order. In the case of products with different delivery times, delivery time is the longest given period of time which may not exceed 4 Business Days. Starting point of delivery term of the Product to the Client counts as follows:
5.7. Should the Client choose payment by transfer, electronic payment or credit card payment - from the date of crediting the bank account or settlement account of the Seller.
5.8. Should the Client choose COD payment on delivery - from the date of the Sale Contract.
6. PRODUCT COMPLAINTS
6.1. Basis and extent of the Seller's liability with respect to the Client if the Product sold has a physical or legal defect (warranty) are defined by generally applicable laws, particularly in the Civil Code. For Sale Contracts entered into by 24 December 2014, the basis and extent of the Seller's liability to the Client being a natural person who purchases the product for purposes unrelated to professional or commercial activities, for non-compliance of the Product with the Sale Contract are set out in the applicable laws, in particular the Law of 27 July 2002 on special conditions of consumer sales and amending the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended).
6.2. The Seller is obliged to provide the Client with Product free of defects.
6.3. The complaint may be submitted by the Client, for example:
6.4. in writing to the following address: ul. Czajek 31, 40-534 Katowice;
6.5. in electronic form via e-mail to the following address: orders@metalopolis.pl;
6.6. The Client is recommended to provide the following in the description of the complaint: (1) information and facts concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a demand for a means of achieving the Product’s compliance with the Sale Contract or declaration of price reduction or withdrawal from the Sale Contract; and (3) the contact details of the complaining party - this will facilitate and expedite the processing of the complaint by the Seller. The requirements set out in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints lodged without the recommended description of the complaint.
6.7. Response to the complaint by the Seller shall take place immediately, but no later than 14 calendar days from the date of its submission. The Seller’s failure to respond within that period means that the Seller considers the complaint to be justified.
6.8. The Client who shall exercise the powers under warranty, is obliged to deliver the defective product at the expense of the Seller to the following address: ul. Czajek 31, 40-534 Katowice. If, due to the nature of the Product or the way it is assembled, provision of the Product by the Client would be excessively difficult, the Client is obliged to provide the Product to the Seller in the place where the Product is located.
7. EXTRAJUDICIAL MANNERS OF EXAMINING COMPLAINTS AND PURSUING CLAIMS AND THE TERMS OF ACCESS TO THE PROCEDURES
7.1. Detailed information on the ability of the Client who is a consumer to apply non-judicial means of dealing with complaints and redress and the rules for access to these procedures are available in the premises and on the websites of the district (municipal) consumer advocates, social organizations, whose statutory tasks include consumer protection, Provincial Trade Inspection Inspectorates and the following Internet addresses 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.
7.2. The Client who is a consumer has the following exemplary options to apply non-judicial means of dealing with complaints and redress:
7.3. The Client is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), for arbitration of a dispute resulting from the signed Sale Contract. Terms of organization and operation of permanent consumer courts of arbitration are specified in the Regulation of the Minister of Justice of 25 September 2001 on the rules of organization and operation of permanent consumer courts of arbitration. (Journal of Laws 2001, No. 113, item 1214).
7.4. The Client is entitled to apply to the provincial inspector of Trade Inspection in accordance with Art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), for initiation of a mediation procedure on the amicable settlement of the dispute between the Client and the Seller. Information on rules and procedure for mediation procedures carried out by the provincial inspector of Trade Inspection is available on the premises and on the websites of the Provincial Inspectorates of the Trade Inspection.
7.5. The Client can obtain free help in the settlement of the dispute between the Client and the Seller, also using the free assistance of district (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation, toll-free consumer hotline number 800 007 707, and by the Association of Polish Consumers at porady@dlakonsumentow.pl
8. RIGHT OF WITHDRAWAL
(FOR SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
8.1. A consumer who has entered into a contract remotely may within 14 calendar days withdraw therefrom without giving any reason and at no cost, with the exception of those referred to in point 8.8 of the Terms and Conditions. To comply with this deadline, it is enough to send a statement before its expiry. The statement of withdrawal may be submitted, for example:
8.2. in writing to the following address: ul. Czajek 31, 40-534 Katowice;
8.3. in electronic form via e-mail to the following address: orders@metalopolis.pl;
8.4. An exemplary withdrawal form template is contained in Annex 2 to the Consumer Rights Act and is also available in point 10 of the Terms and Conditions. The consumer can use the form template, but it is not mandatory.
8.5. The term of withdrawal begins:
8.6. for the contract, in execution of which the Seller releases the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by consumer or the third party designated by them other than the carrier, and in the case of a contract which: (1) includes a number of Products that are delivered separately, in lots or in parts - from taking possession of the last Product, lot or part or (2) is based on the regular delivery of the Products for a definite period - from taking possession of the first Product;
8.7. for other contracts - from the date of the contract.
8.8. In the event of withdrawal from a distance contract, the contract is considered not concluded.
8.9. Seller is obliged to immediately, not later than 14 calendar days from the date of receipt of the declaration of the consumer’s withdrawal from the contract, return to the consumer all payments made by them, including the cost of delivery of the Product (with the exception of the additional costs resulting from the Client's shipping method other than regular cheapest shipping method available in the Online Shop). The Seller shall refund the payment using the same method of payment which the consumer has used, unless the consumer has expressly agreed to a different method of refund, which does not cause them any costs. If the Seller did not offer to receive the Product from the consumer itself, it may withhold the refund of payments received from the consumer until the receipt of the Product or provision by the consumer of evidence of its return, depending on which event occurs first.
8.10. The consumer is obliged to immediately, not later than 14 calendar days from the date of withdrawal from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect, unless the Seller offered to receive product itself. To comply with the term, it is sufficient to return the Product prior to its expiration. The consumer can return the Product to the address: ul. Czajek 31, 40-534 Katowice.
8.11. The consumer is responsible for the reduction in the value of the Product as a result of its use beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.12. Possible costs related to withdrawal by the consumer from the contract, which shall be borne by the consumer:
8.13. If the consumer has chosen a method of delivery of the Product other than regular cheapest shipping method available in the Online Shop, the Seller shall not be required to reimburse the consumer for the additional costs incurred.
8.14. The consumer bears the direct cost of returning the Product.
8.15. Right to withdraw from a distance contract is not granted to the consumer in respect of contracts:
8.16. (1) in which the respective deliverables are visual or audio recordings or computer software delivered in a sealed packaging, if the packaging has been opened after delivery; (2) for delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (3) for the provision of accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates a day or period of service provision; (4) for the supply of digital content, which are not stored on a tangible medium if the performance has begun with the express consent of the consumer before the expiry of the term of withdrawal from the contract and, after receiving notice by the Seller of the loss of the right of withdrawal.
9. FINAL PROVISIONS
9.1. Contracts entered into via the Online Shop are concluded in Polish.
9.2. Amendments to the Terms and Conditions:
9.3. The Service Provider reserves the right to make amendments to the Terms and Conditions for the important reasons, namely: changes in the law; changes in methods of payment and delivery – to the extent to which these changes affect the implementation of the provisions of these Terms and Conditions.
9.4. In the case of the conclusion, on the basis of these Terms and Conditions, continuous contracts (e.g. provision of Electronic Service - Account) the amended Terms and Conditions bind the Client, if the requirements laid down in Art. 384 and 384 [1] of the Civil Code have been kept, that is the Client has been properly informed of the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that amendments to the Terms and Conditions result in the introduction of any new fees or increase in the existing ones, the Client who is a consumer has the right to withdraw from the contract.
9.5. In the case of the conclusion on the basis of these Terms and Conditions of contracts of a different nature than the continuous contract (e.g. Sales Contract) amendments to the Regulations will in no way affect the rights acquired by the Service Recipients / Clients who are consumers prior to the entry into force of the amendments to the Terms and Conditions, in particular amendments to the Terms and Conditions will have no impact on the already submitted Orders and concluded, implemented or executed Sale Contracts.
9.6. To the matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sale Contracts concluded by 24 December 2014, with clients who are consumers - the provisions of the Act on protection of certain consumer rights and liability for damage caused by a dangerous product of 2 March 2000 (Journal of Laws 2000, No. 22, item 271, as amended), and the Act on special conditions of consumer sales and amending the Civil Code of 27 July 2002(Journal of Laws 2002 No. 141, item 1176, as amended); for Sale Contracts concluded from 25 December 2014, with clients who are consumers - the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014 item 827 as amended.); and other relevant provisions of applicable law.
10. WITHDRAWAL FORM TEMPLATE
(ANNEX NUMBER 2 TO CONSUMER RIGHTS ACT)

WITHDRAWAL FORM TEMPLATE
(This form must be completed and returned only if you wish to withdraw from the contract)
– Recipient:
METAL MIND PRODUCTIONS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Czajek 31, 40-534 Katowice
orders@metalopolis.pl
- I / We (*) hereby inform of my / our withdrawal from the contract of sale for the following items (*) contract for the supply of the following items (*) task contract consisting in making the following items (*) / provision of the following service (*)

– Date of the contract (*) / reception (*)
– Name(s) of consumer (s)
– Address of consumer (s)
– Signature of the consumer (s) (only if this form is sent in paper form)
– Date
(*) Delete as appropriate
 

Metal Mind Productions
ul. Czajek 31
40-534 Katowice

tel. :+48 32 253-71-82
tel. : +48 32 209-15-35
email :