ONLINE STORE TERMS AND CONDITIONS
TABLE OF CONTENTS
§ 1 General Provisions
§ 2 Provision of Electronic Services
§ 3 Conclusion of the Sales Agreement
§ 4 Payment, Delivery, Collection of Goods
§ 5 Personal Data
§ 6 Complaints
§ 7 Withdrawal from the Agreement
§ 8 Additional Information
§1 General Provisions:
1.1. These Terms and Conditions (hereinafter referred to as the “Terms”) set out the rules for Customers’ use of the Online Store at http://www.mextra.pl/, and in particular govern:
a) the conditions for concluding and performing sales agreements;
b) the terms of providing services by electronic means;
c) the rules for Consumers exercising the right to withdraw from an agreement without giving any reason;
d) the rules and procedure for handling complaints.
1.2. Definitions of terms used in the Terms and Conditions:
a) Online Store – the online store operating at http://www.banquetingfurniture.co.uk/
b) Service Provider, Seller, Data Controller – MEXTRA Sp. z o.o., with its registered office in Kędzierzyn-Koźle, ul. Szkolna 15, 47-225 Kędzierzyn-Koźle, Poland, REGON: 160393892, NIP: 7543039263, KRS: 0000979716, Share Capital: PLN 500,000.00, registered with the District Court in Opole – 8th Commercial Division of the National Court Register. Email address: office@mextra.co.uk, contact phone number: +44 203 808 11 29 (standard rate according to the operator).
c) Customer – a natural person, legal person, or organizational unit without legal personality who uses a service provided electronically by the Service Provider and who intends to conclude or has concluded a sales agreement with the Seller;
d) Consumer – a natural person who enters into a legal transaction with an entrepreneur that is not directly related to their business or professional activity;
e) Entrepreneur with consumer rights – a natural person who concludes a contract directly related to their business activity, where the content of the contract indicates that it does not have a professional character for them, particularly in relation to the type of business they conduct as disclosed in the Central Registration and Information on Business (CEIDG);
f) Order – a declaration of intent by the Customer to conclude a contract. A properly submitted Order results in a confirmation message sent to the email address provided during order placement or registration;
g) Electronic service – a free service including: maintaining a Customer Account (for registered Customers), providing an order form, and the Newsletter service. In case of doubt, all actions taken by the Service Provider to properly support these processes will also be considered electronic services;
h) Registration – the process of creating a Customer Account in the Online Store system. To register, the Customer must complete the registration form. A properly completed form will result in an automatic activation email being sent by the Seller’s system;
i) Price – the amount the Customer is required to pay for selected products upon concluding the sales agreement. The price is expressed in GBP. Prices shown in the order cart are net prices. Shipping costs are not included and are quoted individually based on the delivery location;
j) Delivery – the act of delivering products to the Customer by the Seller or a specialized entity. The Seller undertakes to properly package the products. Delivery is carried out either by the Seller's own transport or by professional courier companies;
k) Discount code – a sequence of characters defined by the Seller that entitles the Customer to a discount in the Store.
1.3 All electronic correspondence related to the operation of the Online Store should be sent to the email address: office@mextra.co.uk. Traditional (postal) correspondence should be addressed to: MEXTRA, ul. Szkolna 15, 47-225 Kędzierzyn-Koźle, Poland.
1.4 A Customer of the Online Store may be a natural person, legal person, or an organizational unit without legal personality who uses a service provided electronically by the Service Provider and who intends to conclude or has concluded a sales agreement with the Seller.
1.5 Ordered goods are shipped to addresses within Europe. To place an order with delivery outside of Europe, the Customer should contact the Seller individually.
1.6 The price shown in the order cart is a net price. Prices in the Online Store do not include shipping costs. The cost of transport is calculated individually depending on the delivery destination.
1.7 Unless explicitly stated in the commercial information, the goods available in the Online Store are new. The entity responsible for any physical or legal defects in the goods is MEXTRA Sp. z o.o., with its registered office in Kędzierzyn-Koźle, ul. Szkolna 15, 47-225 Kędzierzyn-Koźle, REGON: 160393892, NIP: 7543039263, KRS: 0000979716, Share Capital: PLN 500,000.00, registered with the District Court in Opole – 8th Commercial Division of the National Court Register. Email: office@mextra.co.uk, phone: +44 203 808 11 29 (standard rate according to the operator).
§ 2 Provision of Electronic Services
2.1 As part of operating the Online Store, the Service Provider undertakes to provide electronic services within the scope and under the conditions set forth in these Terms and Conditions.
2.2 The provision of electronic services by the Service Provider is free of charge.
2.3 Conditions for the provision of electronic services:
2.3.1. Customer Account Service:
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The agreement for the provision of electronic services consisting of maintaining a Customer Account in the Online Store is concluded at the moment of Registration.
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To complete the Registration, the Customer must provide the following data in the registration form: full name, address (street, house number, city with postal code), email address, contact phone number, and password.
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A Customer who has registered gains access to additional features available through their Customer Account, such as order history, the ability to check the status of placed orders, and the option to receive information about new products and promotions (if the “Subscribe to Newsletter” option was selected).
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The agreement for the provision of the Customer Account Service is concluded for an indefinite period.
2.3.2. Interactive Order Form Service:
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The agreement for the provision of electronic services consisting of making an interactive form available, which allows the placement of an Order in the Online Store, is concluded at the moment the Customer begins using this Service (by adding a Product to the cart).
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The agreement for the provision of the interactive form service is concluded for a fixed period and terminates upon the submission of the Order.
2.3.3. Newsletter Service:
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The agreement for the provision of the Newsletter electronic service is concluded at the moment when the Customer checks the appropriate checkbox during registration, indicating their consent to receive the Newsletter.
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The agreement for the provision of the Newsletter service is concluded for an indefinite period.
2.4. Terms of termination of electronic services agreements:
2.4.1. The Customer has the right to terminate the agreement for the provision of continuous electronic services by the Service Provider at any time (e.g., by deleting the Customer Account). Termination does not incur any additional costs and does not require a reason:
2.4.1.1. Termination can be made by sending a relevant statement to the email address: office@mextra.co.uk or in writing to the address of the Service Provider (as indicated at the beginning of these Terms).
2.4.1.2. In such case, the agreement shall expire 7 days after the Service Provider receives the termination notice.
2.4.2. The Service Provider has the right to terminate the agreement for the provision of electronic services with 7 days’ notice in the event the Customer provides unlawful content.
2.4.3. Termination or expiration of the agreement does not affect any rights acquired by Customers using the Seller’s Online Store before the agreement’s termination.
2.4.4. The Consumer has the right to withdraw from the electronic services agreement within 14 days of its conclusion (see § 7 of these Terms and Conditions).
§3 Conclusion of the Sales Agreement
3.1. The Customer may choose one of the following methods to place an order:
a) placing an order after registering in the Online Store system;
b) placing an order without registration, so-called “quick purchase”.
3.2. To place an order, a registered Customer of the Online Store must add the desired products to the online shopping cart. Once all items are in the cart, the Customer should follow the instructions displayed on the Online Store website.
3.3. In the case of “quick purchase” (referred to in §3.1.b of the Terms), after selecting the product, the Customer must click the “add to cart” button, then may either continue shopping or proceed to the “cart” icon to complete the purchase. To finalize the order, the Customer will be asked to provide contact details, billing information, and shipping address.
3.4. When placing an order as described in §3.1, the Customer is obligated to provide accurate and truthful data.
3.5. During the ordering process, the Customer must confirm that they have read and accepted these Terms and Conditions.
3.6. An order is placed at the moment the Customer clicks the “Confirm Order” button.
3.7. Once the Online Store system receives the order, an automatic confirmation message will be sent to the Customer’s email address provided during the ordering or registration process.
3.8. An order confirmed as received by the Online Store system (§3.7 of the Terms) constitutes an offer within the meaning of Article 66 §1 of the Polish Civil Code and forms the basis for concluding a sales agreement between the Customer and the Seller.
3.9. An order submitted by the Customer that is not confirmed by the Seller within 48 hours shall be considered invalid.
3.10. If the Seller proceeds with the fulfillment of the order, they shall confirm this with a separate email message.
3.11. The sales agreement is considered concluded at the moment the Customer receives an email from the Seller confirming the commencement of the order processing (as referred to in §3.10 of these Terms).
3.12. The Customer may cancel or modify the submitted order by: a) contacting the Seller by phone;
b) contacting the Seller by email.
3.13. Orders are handled by the Online Store’s Customer Service Department on working days, i.e., from Monday to Friday, excluding public holidays, between 8:30 a.m. and 5:00 p.m.
3.14. Commercial information displayed in the Online Store does not constitute an offer within the meaning of Article 66 of the Polish Civil Code, but an invitation to submit offers, even if such information includes the unit price of the goods.
§4 Payment, Delivery, and Collection
4.1 Payment
4.1.1. For the execution of the sales agreement, the Customer is obliged to pay the price of the goods as specified in the order, as well as the shipping cost.
4.1.2. The price displayed in the order cart is a net price. Prices in the Online Store do not include shipping costs. The shipping cost is calculated individually, depending on the delivery address.
4.1.3. Payment is made in the form chosen by the Customer. Available payment methods are specified during the ordering process. The Seller reserves the right to make the “cash on delivery” option unavailable.
4.1.4. The price displayed next to each product is binding at the time the Customer places the Order. This price will not change, regardless of any price updates in the Online Store after the Order is placed.
4.1.5. Bank transfers should be made to the following account number: 76 2490 0005 0000 4600 7117 0577, held by: Alior Bank S.A.
4.2 Delivery
4.2.1. Orders placed by Customers are processed by the Seller within the time agreed with the Customer. The processing time includes the time required to complete the items included in the order.
4.2.2. Ordered products are shipped to addresses within Europe. For deliveries outside of Europe, the Customer should contact the Seller individually.
4.2.3. Unless otherwise agreed, the Seller undertakes to fulfill the contract within no more than thirty (30) days from the date the Buyer submits a declaration of intent to conclude the agreement (§3.7 of the Terms).
4.2.4. Delivery time depends on the delivery/pickup method selected by the Customer and should not exceed 7 business days from the moment the products are dispatched.
4.2.5. The Seller performs deliveries using their own transportation or by delegating the task to specialized courier companies conducting professional delivery services.
4.3 Collection of Goods
4.3.1. The Seller informs Customers that they have the right to inspect the shipment upon its delivery to the address specified in the order. Inspection may take place before accepting the shipment from the carrier.
4.3.2. If it is found before accepting the package that the shipment has been damaged or contains missing items, the carrier is obligated to immediately prepare a damage report and determine the circumstances of the damage. In practice, this is usually done at the request of the recipient.
4.3.3. If, after accepting the shipment, the Customer notices damage or shortages that could not be detected externally, they have the right—immediately upon discovering the issue, and no later than within 7 days of receipt—to request the carrier to assess the condition of the shipment.
4.3.4. In case of any issues or concerns, the Customer is asked to contact the Seller via the phone numbers provided on the Seller’s website.
§5 Personal data
5.1. Customers' personal data are processed by the Data Controller (MEXTRA, ul. Szkolna 15, 47-225 Kędzierzyn-Koźle) for the purpose of fulfilling contracts concluded within the scope of the Online Store's operations. These contracts include:
a) Conclusion and execution of a sales agreement,
b) Sending commercial information (subject to prior consent expressed by subscribing to the Newsletter),
c) Managing the Customer Account after prior Registration on the Online Store website.
5.2. Personal data are processed in accordance with data protection regulations and the implemented data protection policy. They are processed only to the extent necessary for the initiation, shaping, modification, or termination of a contract, and for the proper provision of electronic services.
5.3. The Data Controller has implemented technical and organizational measures to secure Customers' personal data from unauthorized access or disclosure.
5.4. Customers’ personal data may be shared with:
a) The selected carrier or intermediary handling shipments on behalf of the Data Controller – if the Customer chooses postal or courier delivery;
b) The selected payment service provider – if the Customer uses electronic or card payments in the Online Store;
c) The accounting firm handling the Online Store’s tax settlements – in case of a concluded sales agreement;
d) The company providing software or hosting services necessary for the proper functioning of the Online Store.
5.5. Only data necessary for the proper performance of a given service are provided to the entities mentioned in §5.4.
5.6. The Data Controller has the right to disclose the Customer's personal data to entities authorized under applicable laws (e.g., law enforcement authorities).
5.7. Unless required otherwise by law, the Data Controller retains the Customer’s personal data only as long as necessary to fulfill the purposes for which the data were collected.
5.8. A Customer whose personal data is processed by the Data Controller has the right to access, rectify, delete, or restrict processing of their data, as well as the right to object, data portability, and the right to lodge a complaint with the supervisory authority – the Personal Data Protection Office.
5.9. Personal data may be deleted upon withdrawal of consent or upon legally permissible objection to the processing.
5.10. The Data Controller reserves the right to process Customers' personal data after termination of the agreement or withdrawal of consent only to the extent necessary for pursuing potential claims in court, or if obliged to retain data under national, EU, or international law.
5.11. You can contact the person overseeing the processing of personal data via email at: office@mextra.co.uk or by mail to: MEXTRA, ul. Szkolna 15, 47-225 Kędzierzyn-Koźle, Poland.
§6 Complaints
6.1. If the delivered goods do not comply with the sales agreement, the Customer who is a Consumer or an Entrepreneur with consumer rights is entitled to the rights set out in the Consumer Rights Act.
6.2. The Seller is liable for any lack of conformity of the goods with the sales agreement that existed at the time of delivery and which is revealed within two years from that moment, unless a longer use-by period has been specified by the Seller.
6.3. If the Product does not conform to the Sales Agreement, the Consumer or the Entrepreneur with consumer rights may request repair or replacement.
6.4. The Seller may replace the Product when the Consumer or Entrepreneur with consumer rights requests a repair, or may repair the Product when a replacement is requested—if the method chosen by the Customer is impossible or would incur excessive costs for the Seller.
6.5. If both repair and replacement are impossible or would involve excessive costs, the Seller may refuse to bring the goods into conformity with the agreement.
6.6. In cases specified in the Consumer Rights Act, if the goods are not in conformity with the sales agreement, the Consumer or Entrepreneur with consumer rights may submit a declaration of price reduction or withdrawal from the Sales Agreement. This applies when:
a) The Seller has refused to bring the goods into conformity with the agreement due to the impossibility of repair or replacement, or due to excessive costs;
b) The Seller has not brought the goods into conformity with the agreement within a reasonable time from being informed by the Customer of the non-conformity, and without undue inconvenience, taking into account the nature of the goods and the purpose for which the Customer acquired them;
c) Despite the Seller’s attempts, the lack of conformity still exists;
d) The non-conformity is significant enough to justify an immediate price reduction or withdrawal from the contract, without the need to first request repair or replacement;
e) The Seller has clearly stated or it is evident from the circumstances that the goods will not be brought into conformity within a reasonable time or without significant inconvenience for the Consumer or Entrepreneur with consumer rights.
6.7. The Consumer or Entrepreneur with consumer rights may not withdraw from the sales agreement if the lack of conformity of the goods is insignificant.
6.8. When submitting a product complaint, the Customer is advised to: a) Provide the Seller with details of the complaint, particularly the type and date of the defect;
b) Specify the requested outcome of the complaint (e.g., repair or replacement);
c) Provide contact information.
6.9. The Seller informs that for products also covered by a warranty, rights under the warranty should be exercised according to the terms provided in the warranty card. The warranty does not exclude, limit, or suspend the Customer’s rights under the Seller’s statutory liability.
6.10. The Customer may also file complaints related to the functioning of the Online Store website or the use of electronic services.
6.11. Complaints are processed without undue delay, and no later than within 14 days.
6.12. The response to the complaint will be sent to the email address provided by the Customer or by another method indicated by the Customer.
6.13. To facilitate the complaint process, the Customer may use the complaint form provided by the Seller. (A sample complaint form is attached as Appendix No. 1 to these Terms and Conditions).
§7 Withdrawal from the agreement
7.1. A Customer who is also a consumer, as defined in Article 22[1] of the Polish Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), who has concluded a distance agreement, has the right to withdraw from it without giving any reason by submitting a relevant declaration within fourteen (14) days. To meet this deadline, it is sufficient to send the declaration before it expires. The declaration can be sent to: MEXTRA, ul. Szkolna 15, 47-225 Kędzierzyn-Koźle, or by email to: office@mextra.co.uk.
7.2. The 14-day withdrawal period begins:
– for a Sales Agreement: on the day the Product is delivered,
– for a contract for the provision of electronic services: on the day of its conclusion.
7.3. The Seller will confirm receipt of the withdrawal declaration by sending a confirmation email to the Consumer without undue delay.
7.4. In the event of withdrawal, the Sales Agreement or the contract for the provision of electronic services is considered not concluded. All performances made by the parties shall be returned in an unchanged condition, unless the change was necessary to determine the nature, characteristics, and functioning of the goods, or §7.7 of the Terms applies. The return should take place promptly and no later than within fourteen days.
7.5. The Seller will refund payments received from the Consumer using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different method that does not involve any additional costs. The Seller may withhold the refund until the Product is received or until the Consumer provides proof of return shipment, whichever comes first.
7.6. The Consumer bears only the direct costs of returning the Product to the Seller.
7.7. If the Consumer has chosen a delivery method other than the least expensive standard delivery method offered by the Seller, the Seller is not obliged to reimburse any additional costs incurred by the Consumer.
7.8. The Consumer is liable for any diminished value of the goods resulting from using them in a way that goes beyond what is necessary to determine their nature, characteristics, and functioning.
7.9. The right to withdraw from a distance contract does not apply to the Consumer in the following cases:
7.9.1. For the provision of services, where the entrepreneur has fully performed the service with the Consumer’s express consent, and the Consumer was informed before the service began that they would lose the right of withdrawal once the service was completed;
7.9.2. Where the price or remuneration depends on fluctuations in the financial market beyond the control of the entrepreneur, which may occur before the withdrawal deadline;
7.9.3. Where the object of the service is a non-prefabricated item, produced according to the Consumer’s specifications or serving their individual needs;
7.9.4. Where the object of the service is an item that is perishable or has a short shelf life;
7.9.5. Where the item is delivered in sealed packaging and, after opening, cannot be returned due to health or hygiene reasons;
7.9.6. Where the goods, after delivery, are inseparably mixed with other items due to their nature;
7.9.7. Where the goods are alcoholic beverages, the price of which was agreed upon at the time of the Sales Agreement, and which can only be delivered after 30 days, and whose value depends on market fluctuations beyond the Seller’s control;
7.9.8. Where the Consumer has specifically requested a visit by the entrepreneur for urgent repairs or maintenance. If the entrepreneur also provides other services beyond those requested or delivers goods other than replacement parts necessary for the repair, the right of withdrawal applies to those additional services or goods;
7.9.9. Where the goods supplied are audio or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery;
7.9.10. For the supply of newspapers, periodicals, or magazines, except for subscription agreements;
7.9.11. Agreements concluded during a public auction;
7.9.12. For the provision of accommodation services (not for residential purposes), transport of goods, car rental, catering, or services related to leisure, entertainment, sports, or cultural events, if the contract specifies a date or period for the provision of the service;
7.9.13. For the supply of digital content not stored on a tangible medium, if performance has begun with the Consumer’s prior express consent and acknowledgment of losing the right of withdrawal.
7.10. No later than at the time of delivery, the Seller shall provide the Consumer with a notice on a durable medium regarding the right of withdrawal.
7.11. The provisions of this section concerning Consumers also apply to natural persons who enter into a contract directly related to their business activity, provided that the contract does not have a professional character for them, as determined by the subject of their business activity published in the Central Register and Information on Economic Activity.
§8 Additional Information
8.1. To avoid potential discrepancies or errors, it is recommended that the device used by the Customer to access the Online Store at https://banquetingfurniture.co.uk/ meets at least the following technical requirements necessary for compatibility with the Service Provider's ICT system:
8.1.1. A computer or other mobile device with Internet access.
8.1.2. A web browser:
a) Internet Explorer version 4.0 or higher,
b) Mozilla Firefox version 4.0 or higher, or
c) Google Chrome version 1.0 or higher.
8.1.3. Active plugins – JAVA, FLASH
8.1.4. Monitor resolution: 1280 x 800, with 24 or 32-bit color depth
8.1.5. An active email account.
8.2. Information for Customers of the Online Store on how to check for errors in the submitted order and how to correct them:
8.2.1. While placing an order, up to the moment of clicking the “Confirm Order” button, the Customer has the ability to modify the entered data (e.g., type/quantity of products, delivery method). In case of discrepancies, the Customer should follow the messages and guidance provided on the Online Store’s website and its subsequent pages. If there are any problems or difficulties, please contact us by email at office@mextra.co.uk or by phone at +44 203 808 11 29 (standard operator charges apply).
8.3. Terms and methods by which the Seller records, secures, and makes available to the other party the contents of the agreement:
8.3.1. The content of the agreement is recorded, secured, and made available by:
8.3.1.1. Sending the Customer a confirmation of the agreement to the provided email address;
8.3.1.2. Printing and delivering a confirmation or delivery protocol together with the goods.
8.3.2. The content of the agreement is also stored and secured in the Seller’s IT system and made available to Customers upon request.
8.4. For matters not covered by these Terms and Conditions, the applicable laws of the Republic of Poland shall apply, including the Civil Code, the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended), the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827), and other relevant legal provisions.
8.5. Changes to the Terms and Conditions:
8.5.1. The Service Provider reserves the right to amend these Terms and Conditions. Customers will be informed of any changes no later than 14 days before the effective date. Notice of changes will be clearly presented on the Online Store website and sent to the registered Customer’s email address. The Customer will also be asked to accept the new Terms and Conditions before placing any new Order.
8.5.2. The amended Terms and Conditions are binding on the Customer if the requirements set out in Article 384 of the Civil Code are met (i.e., the Customer has been properly notified) and the Customer has not terminated the continuous electronic services agreement within 30 days.
8.5.3. Amendments to the Terms and Conditions shall not affect the acquired rights of Customers who used the Online Store before the effective date of the changes, particularly regarding orders placed and/or being fulfilled. Such orders will be processed under the terms previously in force.
8.6. The sales agreement for goods is concluded in accordance with Polish law and in the Polish language.
8.7. A Customer who is a Consumer, in the event of a dispute with the Seller, may use out-of-court methods of complaint handling and dispute resolution. The Consumer may in particular:
a) Submit a request to a permanent consumer arbitration court operating at the Trade Inspection Authority to resolve the dispute arising from the concluded Sales Agreement;
b) Request the provincial inspector of the Trade Inspection Authority to initiate mediation proceedings for an amicable resolution of the dispute between the Customer and the Seller;
c) Seek free assistance in resolving the dispute from the district (municipal) consumer ombudsman or a consumer organization, such as the Consumer Federation or the Association of Polish Consumers;
d) File a complaint via the online dispute resolution platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. This is an EU platform for resolving disputes between consumers and traders. It is available in all EU languages and can be used after completing the internal complaint procedure.