TERMS & CONDITIONS
FOR THE ONLINE SHOP
I. The Seller’s identity:
„AGRAF” - Kieszkowski Rafał, ul. Strażacka 6, 05-084 Leszno/Poland, EU VAT number:PL1181563829, REGON: 141494553, E-mail: [email protected], Tel: +
II. General provisions
1. These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop https://mexen.ie/. The Shop is operated by the Seller.
2. This agreement is made in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. These Terms and Conditions are always available at the website https://mexen.ie/ which allows to download, display, and record their contents by printing or saving them to a data carrier at any time.
4. The Online Shop can only be used by those who have read and fully accepted this terms and condition for the online shop. The Online Shop can only be used by those who have read and fully accepted this terms and condition for the online shop.
5. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Edge, Opera, enabling cookies and JavaScript in the web browser.
6. Recommended technical requirements for cooperation with the ICT system include: a computer with internet access, to electronic mail, a web browser: Internet Explorer version 11 or newer, Mozilla Firefox version 93 or newer, Edge version 94 or newer, Google Chrome version 94 or newer, Safari version 14 or newer with JavaScript and cookies enabled. The recommended monitor resolution is 1280 × 720 pixels.
7. The Seller informs that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, e.g. Antivirus.
8. The Customer is obliged to:
a)provide in the Order and in the registration forms, only true, up-to-date and all necessary data of the Customer and promptly update the data.
b)use the services made available by the Seller in a way that it does not interfere with the functioning of the Seller, the Online Shop and other Customer.
c)use the services made available by the Seller in a manner consistent with the applicable laws, and provisions of the Terms and Conditions.
9. It is forbidden for the Customer to provide illegal content. The Seller's point of contact for direct communication for the purposes of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) is: address E-mail: [email protected]. Communication can be conducted in English.
III. Electronic services in the online shop
1. The Services are rendered by the Seller free of charge, 24 hours a day, 7 days a week.
2. The Seller provides the following Electronic Services:
a) Account.
b) Newsletter.
c) Shopping Cart.
d) Enabling Customers to give opinions (X- Content & Opinions).
e) providing a Product search engine.
f) adding a Product to your wish list.
g) providing an installment calculator.
h) Product notification.
i) Product comparison.
3. Using the Account is possible after completing jointly and severally the following steps by the Customer:
- Completing the registration form and accepting the provisions of these Terms and Conditions.
- Clicking on the "Register" box.
4. Following the registration of the Customer Account, a customer can log in to the Online Shop, indicating the email address and password provided at the registration.
5. The Agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account”.
6. The Seller may refuse to register an Account if the Client violates the provisions of Section II.8 of the Terms and Conditions.
7. The Newsletter service, provided at the request of the Customer after the conclusion of the Agreement, includes receiving by the Customers who have provided the Service Provider with their e-mail address, by electronic means commercial information regarding the products and services of the Service Provider, including information about their current offer, promotions, discounts, and marketing campaigns,
8. The Agreement for the provision of the Newsletter service shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.
9. The Shopping Cart is an electronic service that begins when the Customer adds the first Product to the Cart. The Shopping cart is a one-time use, is provided free of charge and is terminated when the Customer places or ceases to place an Order. Depending on the available functionalities, the Shopping Cart may remember information about the Products selected by the Customer also after the end of the browser session but does not ensure the availability of products.
10. The Agreement for the provision of service which involves enabling Customers to place orders in the Online Shop shall be concluded for a definite period and shall be terminated when the Order is placed through it or when the Client earlier terminates placing the Order through it.
11. The Agreement for the provision of service which involves enabling Customers to give opinions in the Online Shop shall be concluded for a definite period and shall be terminated when the Opinion is given or when the Customer earlier terminates giving opinions.
12. To search for Products in the Store, you must enter the desired content in the Store search engine area and then confirm it. The functionality allows you to search the Store resources using keywords entered by the Customer. Additionally, the functionality may allow you to perform an advanced search within the scope of selected criteria.
13. To use the functionality of adding a Product to the wish list, you must add the Product to the wish list after logging in to the Customer Account. The subject of the functionality is the temporary saving in the memory of the Customer Account, a website containing an advertising offer for the Product.
14. To use the functionality of the installment calculator, you must complete its mandatory fields by entering the desired parameters of the loan for which the calculation will be made. The result obtained is an estimate, is presented for informational purposes and does not constitute an offer by a financial institution to grant a loan.
15. To receive a notification about the re-availability of the Product, use the Product notification functionality. The Seller will provide this information immediately by sending an e-mail when the Product is re-available on the Store's website.
16. To use the Product comparison functionality, you must select at least two Products or two Services to compare. The subject of the functionality is the presentation of advertising offers in a way that allows for the comparison of their individual features.
17. The Seller has the right to organize occasional competitions and promotions, the terms and conditions of which will be announced on the Store's website. Promotions in the Online Shop cannot be combined, unless the Terms and Conditions of a given promotion provide otherwise.
18. The Customer may submit complaints relating to the provision of the electronic service via the Online Shop by sending an e-mail to: [email protected]. The Seller will consider the complaint immediately, no later than within 14 days counted from the day the complaint was submitted.
19. The Customer may terminate with immediate effect the perpetual service for the provision of continuous electronic services at any time and without indicating reasons by sending an appropriate statement by e-mail to the following address: [email protected]. The Seller may terminate the Service Agreement for the following important reasons:
a) the manner of using the Electronic Services is contrary to the terms and conditions and the principles and purpose of the Online Shop.
b) the Customer's activity is contrary to the applicable moral norms, incites violence or committing a crime, as well as if it violates the rights of third parties.
c) the Customer provides illegal content or violates the provisions of section II, section 8 of the Terms and Conditions.
20. The declaration of termination of the Service Agreement submitted by the Seller will be sent to the e-mail address provided by the Customer.
21. The notice period for terminating the Service Agreement for each party is 14 days. Termination of the Service Agreement by either party is tantamount to deletion of the Account.
22. Either party withdrawing from the Service Agreement, or the Agreement being terminated by mutual consent, does not have an impact on the rights acquired by the parties before withdrawing from or terminating the agreement.
1. The Seller enables the Customer to place an Order through the Online Shop, 24/7 through the website https://mexen.ie/ or by telephone.
2. You may only purchase Products from us if: you are legally capable of entering into a binding contract with us. By doing so, you confirm that you meet this requirement.
3. All orders for products are subject to availability.
4. Orders can be placed by Internet users, who have correctly filled in registration form. Orders can be placed also without registration form. A user who does not have an Account must independently fill out the Order Form in the scope of his/her details necessary to conclude and execute the Sales Agreement.
5. As part of placing an order, the Customer provides his/her personal data marked in the order form as obligatory and consents, by marking the appropriate box, to the processing of the Customer’s data provided while placing the order to perform at the Online Shop. Providing the personal data marked obligatory is voluntary yet is necessary for placing the order. Providing the personal data not marked as obligatory is voluntary and unnecessary for placing the order. A lack of due diligence while filling in the form may cause the Customer being obligated to cover additional expenses such as: compensation, costs of improper postage, costs of resending the order to the right address, or any other rightful costs incurred by the Online Shop to complete the Order.
6. The order form should include the Customer’s name, surname and postal address, phone number and email address.
7. The Customer sends the Order by means of the Online Shop functionality provided for that purpose with an obligation to pay. If the Client does not have an Account, it is required to accept the Terms and Conditions.
8. The Customer sends the Order by means of the Online Shop functionality provided for that purpose with an obligation to pay. If the Customer does not have an Account, it is required to accept the Terms and Conditions.
9. If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Products being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
10. The Seller allows you to place orders for the purchase of Products by phone. To place a telephone order for the purchase of Product, you must contact the Seller using the telephone numbers provided on the Store's website and then place the order verbally.
11. Confirmation of the acceptance of the telephone order by the Seller shall be made by immediately sending an e-mail message containing information about the content of the concluded agreement. This message shall contain the terms of the concluded Sales agreement established by the parties, as well as the Customer's data, in order to enable detection of any errors. In the event of detection of such an error, the Customer may notify the Seller of this fact by sending an e-mail message indicating the correct data. In order to conclude a Sales agreement, the Customer is obliged to confirm the will to conclude it in response to the Seller's message described above, together with acceptance of the Regulations provided. Then the Seller shall send confirmation of acceptance of the Order for execution, which constitutes the Seller's declaration of acceptance of the Customer's offer and upon its receipt by the Customer, the Sales Agreement shall be concluded.
12. The total value of the Order includes the price and shipping costs.
13. The sales Agreement shall be concluded in English.
V. Prices and methods of payment
1. The prices are provided in EUR and include VAT (Value added Taxes).
2. The Customer may choose the following payment methods:
a) traditional transfer to the Seller's bank account number.
b) using the external payment system PayU, operated by PayU SA with its registered office in Poznań (60-166), at ul. Grunwaldzka 182, entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000274399, NIP: 7792308495 and REGON: 300523444,
c) using the external payment system Przelewy24, operated by PayPro SA with its registered office in Poznań (60-327) at ul. Kanclerska 15, entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000347935, NIP: 7792369887 and REGON: 301345068,
d) using the external payment system Tpay - Integrator Płatności SA with its registered office in Poznań, plac Andersa 3, 17th floor, 61-894 Poznań, under the KRS number 0000412357, NIP 7773061579, REGON 300878437.
e) using the external payment system PayPal, operated by PayPal S.à rl et Cie, SCA based in Luxembourg.
f) payment on delivery.
3. When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
4. The customer agrees that the purchase documents (invoice / receipt) for the order will be sent electronically.
VI. Delivery of the products
1. Delivery of the Products is performed to the address indicated by the Customer when placing the Order (in the Republic of Ireland). Details in our section Delivery.
2. We make every effort to deliver goods within the estimated timescales, however, delays are occasionally inevitable. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales.
3. All items are subject to stock availability. In the event that we are unable to supply the products, we will inform you of this as soon as possible. A refund will be given on request where you have already paid for the goods.
4. Delivery of the Products is carried out by parcel delivery company.
5. On the Shop websites, in the description of the Product, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges. Details in section Delivery.
6. The deadline for delivery and processing of the Order shall be calculated per Business Days.
7. The total waiting time for the Customer to receive the Product (delivery date) includes the time of preparing the Order for shipment by the Seller and the time of delivering the Product by the carrier (up to 14 days).
8. If the ordered Products have different delivery deadlines, the longest deadline shall apply to the whole Order.
9. The Consumer is recommended to inspect the condition of the products as soon as possible after delivery. If defects are discovered, the Consumer is recommended to contact the Seller by email: [email protected].
10. The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
VII. The right to withdraw from the Agreement
1. The consumer who has concluded a distance agreement can withdraw from sales agreement within 14 calendar days without giving a reason and without incurring costs, except for the costs referred to in VII.13. To keep the deadline, it is sufficient for the consumer to make a statement of the Seller before it expires.
2. The statement of withdrawal from the agreement may be submitted to the Seller's address „AGRAF” - Kieszkowski Rafał, ul. Strażacka 6, 05-084 Leszno/Poland or e-mail address: [email protected] .
3. The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement (Appendix No 1).
4. The course of time for withdrawal from the Sales Agreement shall commence a) on the date on which the Product was taken by the Consumer or by a third party designated by him/her other than the carrier and in the case of a Sale Agreement, which:(1)includes a great number of Products that are delivered separately, in batches or in parts, since acquiring possession of the last Product, a batch or part, or (2) is based on regular delivering Products for a fixed period of time – since acquiring possession of the first of the Products; b) for other agreements – from the date of conclusion of the contract.
5. Upon receipt of the statement of withdrawal from the Agreement by the Consumer, the Seller will send to the Consumer's e-mail address a confirmation of receipt of the statement of withdrawal from the Agreement.
6. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded.
7. The Seller is obliged immediately, but not later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, to return to the consumer all payments made by him, including the costs of delivery of the Product. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
8. If the consumer has chosen a method of delivery of the Product other than the cheapest usual delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs incurred by the consumer.
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 hand it over to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry.
10. The purchased Products should be returned to the following address:
"Mexen, Sochaczewska 96B, P3 Logistic Parks, Hala 17, 05-870 Błonie-Wieś"/Poland.
11. The Consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
12. The seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever occurs first, unless the Seller himself offered to collect the Product from the consumer.
13. The consumer bears the direct costs of returning the Product.
14. The Seller may grant some Consumers an additional right to withdraw (contractual right to withdraw from the contract) within 30 days or 100 days from the date referred to in section VII.4 of these Regulations. The Consumer has the contractual right to withdraw only in relation to Products that do not bear traces of use, are complete and undamaged. The Consumer loses the Contractual Right to Withdraw if he uses the Product in a way that goes beyond what is necessary to determine its nature, characteristics and functioning.
15. The right to withdraw from a distance agreement is not entitled to the Consumer in relation to contracts:
in which the subject of the service is a Product non-prefabricated, manufactured according to the consumer's specifications or serving to satisfy his individual needs.
VIII. Complaints /Guarantee
1. Complaints should be sent to the following address:
AGRAF” - Kieszkowski Rafał, ul. Strażacka 6, 05-084 Leszno/Poland or e-mail address: [email protected].
2. The Seller undertakes to process each complaint immediately, no later than within 14 calendar days from the date of its receipt. Otherwise, the Seller shall be deemed to have acknowledged the declaration or request as justified.
3. Sending or returning the Product as part of the complaint may take place to the following address:
"Mexen, Sochaczewska 96B, P3 Logistic Parks, Hala 17, 05-870 Błonie-Wieś"/Poland.
4. It is recommended that the Customer provides the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information.
5. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint.
6. Complaints may be filed under a guarantee, if it is granted for the designated Products by the Seller, manufacturer or distributor. In such a case, the guarantee is granted for at least 2 years. The guarantee is granted by submitting a guarantee statement, which specifies the guarantor's obligations and the Customer's rights in the event that the Product does not have the properties specified in the statement. Together with the Product covered by the guarantee, the Seller issues a guaranteed document to the Customer.
7. The right to exercise rights arising from the non-conformity of the product with the contract is granted regardless of any rights arising from the guarantee. The exercise of any rights from the guarantee does not affect the statutory liability of the Seller.
IX. ODR
1. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
2. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU"s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.
X. Content & Opinions
1. In terms of posting content and making it available, the Customer voluntarily distributes the content. The posted content does not express the views of the Seller and should not be identified with its activities. The Seller is not a content provider, but only an entity that provides appropriate IT resources for this purpose.
2. Opinions may be made available directly on the Store's website or on an external website collecting opinions with which the Seller cooperates and to which the Online Store's website refers.
3. The Seller verifies the Reviews using the email address that was used in the purchase process or assigned to the user's account.
4. Product Reviews may be issued only in relation to the Products purchased in the Seller's Online Shop and by the Online Shop Customer who purchased the reviewed Product.
5. Product Reviews may be made available directly on the Shop's website or on an external review service with which the Seller cooperates and to which it links on the Online Shop's website.
6. The Customer agrees to the free use by the Seller of opinions or other content posted by him on the Shop's Website.
7. The Seller does not post or commission other entities to post false opinions or recommendations of Customers in order to promote its Products, nor does it provide sponsored opinions.
8. The Customer is prohibited from providing illegal content, which means information that, by itself or by reference to the operation, including the sale of products, is unlawful.
9. The Seller informs that opinions posted by Customers are not automatically assessed for prohibited content.
10. The Customer is not entitled to:
a) posting personal data of third parties as part of the use of the Services and disseminating the image of third parties without the legally required permission or consent of the third party.
b) posting advertising and/or promotional content as part of the use of the Services.
c) posting content that links to other websites.
d) posting content that relates to Products or activities that are competitive to the Seller's business.
e) posting content that incites violence, hatred, discrimination on any grounds, including gender, sexual, national, ethnic, racial, or religious differences.
f) posting content that contains profanity or other offensive content.
g) posting content that constitutes an attempt at fraud or any other activity prohibited by law.
h) posting content that infringes copyright or someone else's personal rights.
i) posting content that violates other provisions of generally applicable law.
11. The Customer declares that:
a) is entitled to use copyrights, industrial property rights and/or related rights to – respectively – works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that make up the content.
b) placing and making available as part of the Services, personal data, image, and information concerning third parties was made legal, voluntary and with the consent of the persons concerned.
c) agrees to allow other Customers and the Seller to view the published content, as well as authorizes the Seller to use it free of charge in accordance with the provisions of these Terms and Conditions.
12. If it is determined that the review does not meet the conditions set out in the Terms and Conditions, the Seller may take moderating actions, i.e. remove the review, or refuse to publish it.
13. If a third party (another Customer or another person or entity) believes that a given review contains illegal content, this person may report it to the Seller at the e-mail address [email protected]. The application should include:
a) the name and email address of the person or entity making the report.
b) a statement that confirms the good faith belief of the person or entity making the report that the information and allegations contained therein are correct and complete.
c) a justification of why the opinion is illegal content.
d) a clear indication of the exact electronic location of the information (e.g., information that identifies illegal content).
14. The seller shall send the applicant a confirmation of receipt of the application, if the applicant's e-mail address has been provided.
15. The seller shall consider the application within 14 days from the date of its receipt and shall do so in an objective manner and with due diligence.
16. The seller's decision may consist in removing or leaving the review in the Store.
17. The seller shall immediately notify (the applicant and the person who posted the submitted review) of its decision along with the justification. The decision can be appealed. The seller will consider the appeal within 14 days from the date of its receipt.
XI. Protection of personal information
1. The Seller collects and processes the personal information of the Customers in accordance with applicable provisions of law and with the Privacy Policy.
2. The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed.
3. Additional explanations regarding the protection of personal data are contained in the “Privacy Policy”.
VII. Exclusion of liability
1. Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
2. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
3. Nothing in these Terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law.
VIII. Severability
1. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
XII. Final Provisions
1. All content on the website including, without limitation, logos, registered trademarks, text, photographs, images, drawings, models or charts, is protected by Irish, EU and International intellectual property laws. None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder.
2. These terms and conditions shall be governed by and construed in accordance with Irish and EU Law and all parties shall submit to the exclusive jurisdiction of the Irish Courts.
3. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
4. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.
24.07.2024
Appendix No 1 - Form of withdrawal from agreement
(this form should be filled in and returned only if you wish to withdraw from the contract)
- Address:
„AGRAF” - Kieszkowski Rafał, ul. Strażacka 6, 05-084 Leszno/Poland
e-mail address: [email protected].
- I / We (*) hereby inform / inform (*) of my / our withdrawal from the contract of sale of the following products (*)
- Date of conclusion of the contract (*) / receipt (*)
- Name and surname of consumer (s)
- Consumer (s) address
- Signature of the consumer (s) (only if the form is sent in paper version)
- Date
(*) Delete as applicable.