Terms and Conditions
General Terms and Conditions
This website is operated by Mavee . Throughout the site, the terms "we", "us", and "our" refer to Mavee . Mavee offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following general terms and conditions ("Terms and Conditions", "Terms and Conditions"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These General Terms and Conditions apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before visiting or using our website. By visiting or using any part of the website, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools added to the current store will also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions.
Mavee General Terms and Conditions
Article 1 - Definitions
The following definitions apply in these general terms and conditions:
-
Ancillary agreement: an agreement in which a consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by Mavee or by a third party on the basis of an agreement between that third party and Mavee ;
-
Withdrawal period: the period within which the consumer may exercise his right of withdrawal;
-
Consumer: a natural person who does not act for purposes related to his or her trade, business, craft or profession;
-
Day: calendar day;
-
Digital content: data produced and delivered in digital form;
-
Contract of indefinite duration: a contract that concerns the regular provision of goods, services and/or digital content for a specified period of time;
-
Durable data carrier: any device – including electronic mail – that enables a consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation or use for a period adapted to the purpose for which the information is intended and that allows the unchanged reproduction of the stored information;
-
Right of withdrawal: the possibility for a consumer to withdraw from a distance contract during the withdrawal period;
-
Distance contract: a contract concluded between Mavee and a consumer as part of an organised distance selling system for products, digital content and/or services, in which, up to and including the conclusion of the contract, one or more techniques for distance communication are used exclusively or partially;
-
Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions;
-
Mavee: a legal entity, as further defined in Article 2, offering products, (access to) digital content and/or services to consumers at a distance, in accordance with these general terms and conditions;
-
-
Distance communication technique: a means that can be used to conclude a contract without the consumer and the trader having to meet simultaneously in the same space.
Article 2 – Mavee's Identity
Name of the entrepreneur: Mavee: info@mavee.pl
Article 3 – Application
-
These general terms and conditions apply to every offer by Mavee and to every distance contract concluded between a trader and a consumer.
-
Before concluding a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Mavee will indicate how the general terms and conditions can be viewed on Mavee before concluding the distance contract, and that they will be sent free of charge as soon as possible upon request by the consumer.
-
If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily save it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer at their request, either electronically or by other means.
-
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.
Article 4 – Offer
-
If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
-
The offer contains a full and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to properly evaluate the offer. If Mavee uses images, they are a faithful representation of the products, services, and/or digital content offered. Obvious errors or omissions in the offer do not bind Mavee .
-
Each offer contains information so that the consumer is clear about the rights and obligations associated with accepting the offer.
Article 5 – Conclusion of the Agreement
Subject to the provisions of paragraph 4, the contract is concluded upon acceptance of the offer by the consumer and fulfilment of the related conditions.
-
If the consumer has accepted the offer electronically, Mavee will immediately confirm receipt of the acceptance electronically. Until Mavee confirms receipt of this acceptance, the consumer can terminate the contract. After receiving this confirmation, the consumer can no longer terminate or terminate the contract; however, the consumer may exercise their right of withdrawal (Article 6).
-
If the contract is concluded electronically, Mavee will take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure online environment. If the consumer can pay electronically, Mavee will take appropriate security measures for this purpose.
-
Mavee may, within the legal framework, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If Mavee has legitimate reasons not to conclude the contract based on this investigation, it is entitled to reject the order or application stating the reason or to attach special conditions to its execution.
-
Mavee will send the consumer the following information, no later than upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
-
the visiting address of the Mavee branch to which the consumer can contact with complaints;
-
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
-
information about warranties and existing after-sales service;
-
the price, including all taxes, of the product, service or digital content; where applicable, delivery costs; and the method of payment, delivery or performance of the distance contract;
-
requirements for terminating a contract if the contract has a term of more than one year or is for an indefinite period;
-
If the consumer has the right to withdraw from the contract, a sample withdrawal form is available. In the case of transactions for an indefinite period, the provision in the previous paragraph applies only to the first delivery.
-
Article 6 – Right of Withdrawal
For products:
-
The consumer may terminate the product purchase agreement within the withdrawal period of at least 14 (fourteen) days without providing any reason. Mavee may ask the consumer for the reason for withdrawing from the agreement, but cannot oblige them to provide the reason(s).
-
The withdrawal period referred to in paragraph 1 begins on the day following the day on which the consumer or a third party designated by the consumer, other than the carrier, received the product, or:
-
If the consumer has ordered multiple products in one order, the date on which the consumer or a third party designated by them receives the last product. Mavee may, provided it has clearly informed the consumer before the ordering process, reject an order for multiple products with different delivery times.
-
if the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party designated by him received the last shipment or part;
-
in the case of contracts for the regular delivery of products over a certain period of time: the day on which the consumer or a third party designated by him received the first product.
-
In the case of digital services and content not delivered on a tangible medium:
-
Consumers may terminate service contracts and contracts for the supply of digital content not delivered on a tangible medium within 14 days without providing a reason. Mavee may ask the consumer for the reason for withdrawing from the contract, but cannot oblige them to provide the reason(s).
-
The withdrawal period referred to in paragraph 3 begins on the day following the conclusion of the contract.
Extended withdrawal period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
-
If Mavee has not provided the consumer with the information required by law about the right of withdrawal or the model withdrawal form, the withdrawal period shall expire twelve months after the expiry of the original withdrawal period determined in accordance with the previous paragraphs of this article.
-
If Mavee has provided the consumer with the information referred to in the previous paragraph within twelve months of the commencement of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.
Article 7 – Consumer Obligations during the Withdrawal Period
-
During the withdrawal period, the consumer must handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle is that the consumer may only handle and inspect the product as they would in a store.
-
The consumer is only liable for any reduction in the value of the product resulting from handling the product that goes beyond what is permitted in paragraph 1.
-
The consumer is not liable for any reduction in the value of the product if Mavee has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.
-
All customs duties, taxes, fees, customs clearance costs, or other public charges and declarations related to the import of products to the delivery address are the buyer's responsibility and are not included in the product price. All deliveries may, in some cases, incur additional costs for which the seller is not responsible and which must be borne by the customer. This includes, in addition to shipping costs, any customs duties and import fees, as the goods are being shipped from a country outside the EU ( Poland ). Customers should check with customer service before placing an order whether customs duties apply to the product. Customs duties and import fees are not covered by us and are the buyer's responsibility. Our goods are always shipped "duty-free and tax-free." The buyer is the "registered importer" and is responsible for the correct payment of any customs duties and/or VAT fees and must comply with all laws and regulations of the importing country. Import regulations vary by country, and buyers are encouraged to check their country's customs and VAT regulations before placing an order. Upon receipt of the goods, the buyer is responsible for ensuring that all applicable laws and regulations of the importing country are complied with.
Article 8 – Exercising the Right of Withdrawal by the Consumer and Related Costs
If the consumer exercises his or her right of withdrawal, he or she shall notify Mavee of this within the withdrawal period using the model withdrawal form or in another clear manner.
-
As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Mavee . This is not necessary if Mavee has offered to collect the product itself. In any case, the consumer has complied with the return deadline if he returns the product before the expiry of the withdrawal period.
-
The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with reasonable and clear instructions provided by Mavee .
-
The risk and burden of proof of the proper and timely exercise of the right of withdrawal rests with the consumer.
-
The consumer bears the direct cost of returning the product. If Mavee has not indicated that the consumer must bear these costs, or Mavee indicates that it will bear the costs itself, the consumer does not have to bear the return costs.
-
The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
-
has not expressly consented to the commencement of performance of the contract before the expiry of the withdrawal period prior to delivery;
-
he did not acknowledge that he would lose his right to withdraw from the contract if he gave his consent; or
-
Mavee has not confirmed this consumer declaration.
-
-
If the consumer exercises his right of withdrawal, all ancillary contracts are terminated by operation of law.
Article 9 – Mavee's Obligations in the Event of Withdrawal from the Contract
-
If Mavee enables the consumer to notify the consumer of withdrawal from the contract electronically, it will immediately send a confirmation of receipt of this notification.
-
Mavee will refund all payments made by the consumer, including any delivery costs charged by Mavee for the returned product, immediately, but no later than 14 (fourteen) days from the day on which the consumer informs them of the withdrawal. Unless Mavee offers to collect the product itself, it may withhold reimbursement until it receives the product or until the consumer proves that it has returned the product, whichever comes first.
-
Mavee will use the same payment method the consumer used for the refund, unless the consumer consents to a different method. The refund is free of charge to the consumer.
-
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, Mavee does not have to cover the additional costs of the more expensive method.
Article 10 – Exclusion of the Right of Withdrawal
Mavee may exclude the following products and services from the right of withdrawal, but only if Mavee has expressly stated this in the offer, at least in good time before the conclusion of the contract:
-
Products or services whose price is dependent on fluctuations in the financial market over which Mavee has no influence and which may occur during the withdrawal period;
-
Contracts concluded at a public auction. Public auction means a method of sale in which products, digital content and/or services are offered by Mavee to a consumer who is present in person or has the opportunity to participate in the auction in person, under the direction of an auctioneer, and in which the bidder is obligated to purchase the products, digital content and/or services;
-
Service contracts, after full performance of the service, but only if:
-
performance has commenced with the consumer's express prior consent; and
-
the consumer declared that he would lose the right to withdraw from the contract as soon as Mavee fully performed the contract;
-
-
Contracts for the provision of accommodation services, if the contract specifies a specific date or period of performance and other than for residential purposes, transport of goods, car rental and catering;
-
Contracts relating to recreational activities, if the contract stipulates a specific date or period of performance;
-
Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific that person;
-
Products that spoil quickly or have a limited shelf life;
-
Sealed products that are not suitable for return for health or hygiene reasons and which their seal was broken after delivery;
-
Products that are irreversibly mixed with other products after delivery due to their nature;
-
Alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days and whose actual value depends on market fluctuations over which Mavee has no influence;
-
Sealed audio, video and computer software recordings whose seal has been broken after delivery;
-
Newspapers, periodicals or magazines, except subscriptions;
-
Delivery of digital content other than on a tangible medium, but only if:
-
performance has commenced with the consumer's express prior consent; and
-
the consumer declared that he lost the right to withdraw from the contract.
-
Article 11 – Price
-
During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
-
Notwithstanding the previous paragraph, Mavee may offer products or services whose prices are dependent on financial market fluctuations and over which Mavee has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are indicated in the offer.
-
Price increases within 3 months after conclusion of the contract are only permitted if they result from statutory or regulatory provisions.
-
Price increases from 3 months after the conclusion of the contract are only permitted if Mavee has stipulated this and:
-
arise from statutory or regulatory provisions; or
-
the consumer has the right to terminate the contract with effect from the date the price increase comes into effect.
-
-
The prices quoted in the offer of products or services include VAT.
Article 12 – Compliance with the Agreement and Additional Guarantee
-
Mavee warrants that the products and/or services comply with the agreement, the specifications provided in the offer, reasonable requirements for reliability and/or usability, and legal provisions and/or public regulations in force on the date of the agreement. If agreed, Mavee also warrants that the product is fit for other than normal use.
-
An additional warranty provided by Mavee , its supplier, manufacturer or importer never limits the rights and legal claims that the consumer may assert against Mavee under the contract if Mavee has failed to fulfill its part of the contract.
-
An additional guarantee is understood to mean any obligation of Mavee , its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to in the event of failure to fulfill his part of the contract.
Article 13 – Delivery and Performance
-
Mavee will exercise the greatest care in accepting and fulfilling product orders and in assessing service requests.
-
The place of delivery is the address that the consumer has provided to Mavee .
-
With due regard to the provisions of Article 4 of these General Terms and Conditions, Mavee will fulfill accepted orders promptly, but no later than 30 days, unless a different delivery date has been agreed. If delivery is delayed or if the order cannot be fulfilled in whole or in part, the consumer will be informed no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the contract free of charge and is entitled to possible compensation.
-
Upon termination of the contract in accordance with the previous paragraph, Mavee will immediately refund the amount paid by the consumer.
-
The risk of damage and/or loss of the products rests with Mavee until delivery to the consumer or a previously appointed representative known to Mavee , unless expressly agreed otherwise.
Article 14 – Transactions for an Indefinite Period: Duration, Termination and Extension
Notice:
-
The consumer may terminate a contract concluded for an indefinite period which concerns the regular delivery of products or services at any time, with due regard to the agreed termination rules and a notice period of no more than one month.
-
The consumer may terminate a fixed-term contract for the regular supply of products or services at any time at the end of the agreed period, with due regard to the agreed termination rules and a notice period of no more than one month.
-
The consumer may terminate the contracts listed in the previous paragraphs:
-
at any time and is not limited to termination at a specific time or period;
-
at least in the same way as they were concluded by him;
-
always with the same notice period that Mavee has set for himself.
-
Extension:
-
A contract concluded for a fixed period that concerns the regular provision of products or services cannot be tacitly extended or renewed for a fixed period.
-
Notwithstanding the previous paragraph, a contract concluded for a fixed period which concerns the regular provision of products or services may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
-
A contract concluded for a fixed period that concerns the regular provision of products or services may only be tacitly extended for an indefinite period if the consumer has the right to terminate the contract at any time with a notice period of no more than one month.
Duration:
-
If the contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the expiry of the agreed duration.
Article 15 – Payment
All fees, customs duties, taxes, commissions, or other public charges, as well as declarations related to the import of products to the delivery address, are the customer's responsibility and are not included in the product price. All deliveries may, in some cases, incur additional costs for which the seller is not responsible and which must be borne by the customer. This includes, in addition to shipping costs, customs duties or import VAT, as the goods are being shipped from a country outside the EU ( Poland ). We recommend that you consult our customer service before placing your order to clarify whether customs duties apply to your specific product. Customs duties or import VAT are not paid by us and are the buyer's responsibility. Our goods are always shipped "duties and taxes unpaid." The buyer is considered the "registered importer" and is responsible for the correct payment of customs duties and/or import VAT, as well as for complying with all laws and regulations of the importing country. Because import rules vary from country to country, please check your country's customs and VAT regulations before placing your order. The buyer is obliged to check and comply with all laws and regulations of the importing country upon receipt of the goods.
-
Unless otherwise agreed in the contract or additional terms, amounts owed by the consumer must be paid within 14 (fourteen) days after the commencement of the cooling-off period, or in the absence of a cooling-off period, within 14 (fourteen) days after the conclusion of the contract. In the case of a service contract, this period begins the day after the consumer receives confirmation of the contract.
-
When selling products to consumers, the consumer cannot generally be required to pay more than 50% in advance. If an advance payment has been agreed, the consumer cannot assert any rights regarding the performance of the order or service(s) before the agreed advance payment has been made.
-
The consumer is obliged to immediately report to Mavee any irregularities in the payment details provided or stated.
-
If the consumer fails to meet their payment obligations on time, after Mavee has informed them of the late payment and granted them 14 (fourteen) days to meet their payment obligations, following non-payment within this 14-day period, statutory interest on the overdue amount will be due, and Mavee will be entitled to charge the consumer for extrajudicial debt collection costs. These debt collection costs will amount to a maximum of: 15% of overdue amounts up to PLN 10,750 ; 10% of the next PLN 10,750 and 5% of the next PLN 21,500 , with a minimum of PLN 172. Mavee may deviate from the stated amounts and percentages in favor of the consumer.
Article 16 – Complaints Procedure
Complaints regarding the performance of the contract must be submitted to the seller within seven days of the consumer discovering the defect and must include a full and clear description of the complaint. Complaints received by the seller will be resolved within 14 days of receipt. If the complaint requires a longer processing time, the consumer will be informed within 14 days of its receipt and when a more comprehensive response can be expected. If the complaint cannot be resolved amicably, a dispute will arise, subject to the applicable dispute resolution mechanism. A complaint does not suspend the seller's obligations unless the seller confirms this in writing. If the seller deems the complaint justified, the seller will, at its discretion, replace or repair the delivered goods at no additional cost to the customer.
Article 17 – Disputes
Contracts between a seller and a consumer to which these general terms and conditions apply are governed exclusively by Polish law. This also applies if the consumer resides abroad.