TERMS AND CONDITIONS

1. GENERAL

1.1. The Online Store available at the internet address www.mgroup-shop.com is operated by M Group E.J. Mnich Limited Liability Company, based in Supraśl, Ciasne, Zielona Street 69, 16-030 Supraśl, District Court in Białystok, Share capital: PLN 5,000.00, KRS: 0001078239, NIP: 9662186712, REGON: 527300636.

1.2. These Regulations are directed to both Consumers and Entrepreneurs using the Online Store, unless specific provisions of the Regulations state otherwise and are directed exclusively to Consumers or Entrepreneurs.

1.3. The Administrator of personal data processed in the Online Store in connection with the implementation of these Regulations is the Seller. Personal data is processed in accordance with the purposes, scope, legal bases, and principles specified in the privacy policy published on the Online Store’s website. The privacy policy primarily includes principles concerning the processing of personal data by the Administrator in the Online Store, including the bases, purposes, and scope of personal data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the User or Customer utilizing the Online Store is voluntary, subject to exceptions indicated in the privacy policy (conclusion of a contract and legal obligations of the Seller).

1.4. Definitions:

ILLEGAL CONTENT – information that, by itself or by reference to actions, including the sale of Products or the provision of Electronic Services, is not in accordance with the law of the European Union or the law of any member state compliant with European Union law, regardless of the specific subject or nature of that law.

DIGITAL SERVICES ACT, ACT – Regulation of the European Parliament and Council (EU) 2022/2065 of October 19, 2022, on a single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277 of 27.10.2022, pp. 1-102).

BUSINESS DAY – one day from Monday to Friday excluding public holidays.

REGISTRATION FORM – a form available in the Online Store that allows the creation of an Account.

ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows the Customer to place an Order, particularly by adding Products to the electronic cart and determining the terms of the Sales Agreement, including the method of delivery and payment.

CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality that is granted legal capacity by statute; - that has concluded or intends to conclude a Sales Agreement with the Seller.

CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 2020 item 1145).

ACCOUNT – Electronic Service, a collection of resources in the Seller's IT system, designated by an individual name (login) and password provided by the User, in which data provided by the User and information about Orders placed by them in the Online Store are stored.

NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Users using it to automatically receive from the Provider cyclic content of successive Newsletter editions containing information about Products, news, and promotions in the Online Store.

PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.

REGULATIONS – these Online Store regulations.

ONLINE STORE – the Seller's online store available at the internet address: www.mgroup-shop.com.

SELLER; SERVICE PROVIDER – M Group E.J. Mnich Limited Liability Company, based in Supraśl, Ciasne, Zielona Street 69, 16-030 Supraśl, District Court in Białystok, Share capital: PLN 5,000.00, KRS: 0001078239, NIP: 9662186712, REGON: 527300636.

SALES AGREEMENT – an agreement for the sale of a Product concluded or to be concluded between the Customer and the Seller via the Online Store.

ELECTRONIC SERVICE – a service provided electronically by the Provider to the User via the Online Store.

USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality that is granted legal capacity by statute; - using or intending to use the Electronic Service.

CONSUMER RIGHTS ACT, ACT – Act of May 30, 2014 on Consumer Rights (Journal of Laws 2020 item 287).

ORDER - a declaration of will made by the Customer via the Order Form aimed directly at concluding a Sales Agreement for the Product with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.

      2.1.1. Account – using the Account is possible after the User performs two consecutive steps – (1) filling in the Registration Form and (2) clicking the "Register Account" field. The User is required to provide the following data in the Registration Form: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and password. In the case of Users who are not consumers, it is also necessary to provide the company name and NIP number. Logging into their Account is also possible through logging in via a facebook.pl account.

• The Electronic Service Account is provided free of charge for an indefinite period. The User may delete their Account (withdraw from the Account) at any time and without giving a reason by sending a relevant request to the Provider, especially via e-mail to: info@mgroup-shop.com or in writing to the address: Ciasne, Zielona Street 69, 16-030 Supraśl, Poland.

      2.1.2. Order Form – using the Order Form begins upon the Customer adding the first Product to the electronic cart in the Online Store. Placing an Order occurs after the Customer performs two consecutive steps – (1) filling in the Order Form and (2) clicking on the "Confirm Purchase" field on the Online Store page after filling in the Order Form – up to this point, there is a possibility to modify the entered data (for this purpose, the displayed messages and information available on the Online Store page should be followed). In the Order Form, the Customer is required to provide the following data regarding the Customer: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and data regarding the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of Product/s, method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.

• The Electronic Service Order Form is provided free of charge and is of a one-time nature, terminating at the moment of placing the Order through it or at the moment of the User ceasing to place the Order through it.

      2.1.3. Newsletter – subscribing to the Newsletter occurs after performing three consecutive steps: (1) providing the email address in the "Newsletter" tab visible on the Online Store page, (2) clicking the field “”, and (3) confirming the desire to subscribe to the Newsletter by clicking the confirmation link sent automatically to the provided email address. Subscription to the Newsletter can also occur by selecting the appropriate checkbox while creating an Account – upon creating an Account, the User is subscribed to the Newsletter.

• The Electronic Service Newsletter is provided free of charge for an indefinite period. The User may unsubscribe from the Newsletter (withdraw from the Newsletter) at any time and without giving a reason by sending a relevant request to the Provider, especially via e-mail to: info@mgroup-shop.com or in writing to the address: Ciasne, Zielona Street 69, 16-030 Supraśl.

2.2. The technical requirements necessary for cooperation with the IT system used by the Provider are: (1) a computer, laptop, or other multimedia device with internet access; (2) access to email; (3) web browser: Mozilla Firefox version 17.0 or higher, or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling in the web browser the ability to save Cookies and handle Javascript.

2.3. The User is obliged to use the Online Store in a manner consistent with the law and good manners, considering respect for personal rights and the intellectual property rights of the Provider and third parties. The User is obliged to enter data accurately. The User is prohibited from providing unlawful content.

2.4. Complaints procedure:

      2.4.1. Complaints related to the provision of Electronic Services by the Provider, as well as other complaints related to the operation of the Online Store (excluding the product complaint procedure indicated in point 6 of the Regulations), may be submitted by the User, for example:

      2.4.2. in writing to the address: Ciasne, Zielona Street 69, 16-030 Supraśl;

      2.4.3. electronically via email to: info@mgroup-shop.com;

      2.4.4. It is recommended that the User include in the complaint description: (1) information and circumstances regarding the subject of the complaint, especially the type and date of the occurrence of irregularities; (2) the User's request; and (3) contact details of the complainant – this will facilitate and speed up the resolution of the complaint by the Provider. The requirements given in the previous sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description.

      2.4.5. The Provider shall respond to the User's complaint promptly, no later than 14 calendar days from the date of its submission.

3. CONDITIONS FOR CONCLUDING THE SALES AGREEMENT

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store, in accordance with point 2.1.2 of the Regulations.

3.2. The price of the Product displayed on the Online Store page is stated in Polish zloty and includes taxes. The Customer is informed about the total price, including taxes for the Product being the subject of the Order, as well as the delivery costs (including transport, delivery, and postal service fees) and other costs, as well as the obligation to pay them if the fees cannot be determined, on the Online Store pages during the Order process, including at the moment the Customer expresses their intention to be bound by the Sales Agreement.

3.3. The procedure for concluding the Sales Agreement in the Online Store via the Order Form:

      3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer places the Order in the Online Store in accordance with point 2.1.2 of the Regulations.

      3.3.2. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. The confirmation of the Order's receipt and its acceptance for execution occurs by sending an appropriate email message to the email address provided during the Ordering process, containing at least statements from the Seller regarding the receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Agreement. Upon receiving the above email from the Seller, a Sales Agreement is concluded between the Customer and the Seller.

3.4. The preservation, security, and availability of the content of the concluded Sales Agreement to the Customer takes place by (1) making these Regulations available on the Online Store's website and (2) sending the Customer the email message referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally preserved and secured in the Seller's Online Store IT system.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:

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

         4.1.1.1. Bank: ING Bank Śląski S.A.

         4.1.1.2. Account Number: PLN 30 1050 1823 1000 0090 8385 2245

4.2. Payment due date:

      4.2.1. In the case of the Customer choosing payment by transfer, electronic payments, or credit card, the Customer is obliged to make the payment within 24 hours from the date of concluding the Sales Agreement.

      4.2.2. In the case of the Customer choosing cash on delivery payment upon receipt of the shipment or cash payment upon personal collection, the Customer is obliged to make the payment upon receipt of the shipment.

5. COST, METHODS, AND DELIVERY TIME OF THE PRODUCT

5.1. Delivery of the Product to the Customer is subject to a fee unless the Sales Agreement states otherwise. The delivery costs of the Product (including transport, delivery, and postal service fees) are indicated to the Customer on the Online Store pages in the informational tab regarding delivery costs and during the Order process, including at the moment the Customer expresses their intention to be bound by the Sales Agreement.

5.2. The Seller provides the Customer with the following delivery methods for the Product:

      5.2.1. Courier shipment

5.3. The delivery time of the Product to the Customer is up to 14 Business Days unless a different delivery time is indicated in the Product description or during the Order process. In the case of Products with different delivery times, the longest indicated delivery period serves as the delivery period. The commencement of the delivery time for the Product to the Customer is counted as follows:

      5.3.1. In the case of the Customer choosing the payment method by bank transfer - from the day of crediting the Seller's bank account or settlement account.

5.4. In the case of several orders placed from one account, the Seller reserves the right to combine the orders into one shipment.

6. PRODUCT COMPLAINTS

6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are determined by generally applicable provisions of law, in particular in the Civil Code (in particular in articles 556-576 of the Civil Code).

6.2. The Seller is obliged to deliver a Product free from defects to the Customer. Detailed information regarding the Seller's liability for the defect of the Product and the Customer's rights is specified on the Online Store's website in the informational tab concerning complaints.

6.3. Complaints may be submitted by the Customer, for example:

      6.3.1. in writing to the address: Ciasne, Zielona Street 69, 16-030 Supraśl;

      6.3.2. electronically via email to: info@mgroup-shop.com;

6.4. It is recommended that the Customer include in the complaint description: (1) information and circumstances regarding the subject of the complaint, especially the type and date of the defect occurrence; (2) the requested method of bringing the Product into conformity with the Sales Agreement or a statement regarding the reduction of the price or withdrawal from the Sales Agreement; and (3) contact details of the person filing the complaint – this will facilitate and expedite the resolution of the complaint by the Seller. The requirements given in the previous sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description.

6.5. The Seller shall respond to the Customer's complaint promptly, no later than 14 calendar days from the date of its submission. If the Customer who is a consumer demanded the replacement of the item or removal of the defect or submitted a statement regarding a price reduction, specifying the amount by which the price should be reduced, and the Seller did not respond to this request within 14 calendar days, it shall be considered that the request has been recognized as justified.

6.6. The Customer exercising the rights under the warranty is obliged to return the defective Product to the address: Ciasne, Zielona Street 69, 16-030 Supraśl, at the Seller's expense. In the case of a Customer who is a consumer, the Seller covers the cost of returning the Product, while in the case of a Customer who is not a consumer, the cost of return is borne by the Customer. If due to the nature of the Product or the manner of its installation, the return of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the location where the Product is located.

6.7. According to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a non-consumer Customer is excluded.

7. ALTERNATIVE DISPUTE RESOLUTION AND ACCESS TO THESE PROCEDURES

7.1. Detailed information regarding the ability of the Customer who is a consumer to use alternative dispute resolution methods and the principles of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), which aims to provide assistance to consumers on matters concerning alternative dispute resolution.

7.3. Consumers have the following examples of possibilities to use alternative dispute resolution methods: (1) an application for the resolution of a dispute to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for alternative dispute resolution to the provincial inspector of the Trade Inspection (more information at the inspector's website responsible for the Seller's place of business); and (3) assistance from the district (city) consumer ombudsman or social organization whose statutory duties include consumer protection (e.g. Consumers Federation, Association of Polish Consumers). Advice is provided, among other things, via email to porady@dlakonsumentow.pl and via the consumer hotline 801 440 220 (the hotline is active on Business Days, from 8:00 AM to 6:00 PM, call charges apply according to the operator's tariff).

7.4. Available at http://ec.europa.eu/consumers/odr is the online platform for dispute resolution between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website providing a comprehensive service point for consumers and entrepreneurs seeking an alternative resolution of disputes regarding contractual obligations arising from online sales agreements or service provision agreements (more information is available on the platform's website or at the Office of Competition and Consumer Protection's website: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT TO WITHDRAWAL (APPLICABLE TO SALES AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014)

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. The withdrawal statement can be submitted, for example:

      8.1.1. in writing to the address: Ciasne,

      8.1.2. electronically via email to: info@mgroup-shop.com;

8.2. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is also available in point 12 of the Regulations and on the Online Store’s website in the section concerning withdrawal from the agreement. The consumer may use the template, but it is not mandatory.

8.3. The withdrawal period begins:

      8.3.1. for the agreement under which the Seller delivers the Product, being obliged to transfer its ownership (e.g., Sales Agreement) – from the moment the Product is taken into possession by the consumer or the person indicated by them other than the carrier, and in the case of a contract that: (1) covers multiple Products that are delivered separately, in batches, or in parts – from the moment the last Product, batch, or part is taken into possession, or (2) consists of the regular delivery of Products for a specified period – from the moment the first of the Products is taken into possession;

      8.3.2. for other agreements – from the date of the conclusion of the agreement.

8.4. In the case of goods sold as a set, withdrawal from the agreement may concern only all components of the set.

8.5. In the case of withdrawal from a distance agreement, the agreement is deemed not concluded.

8.6. The Seller is obliged to immediately, no later than 14 calendar days from the date of receiving the consumer's withdrawal statement, return all payments made by the consumer, including the costs of delivering the Product (except for additional costs arising from the customer's chosen method of delivery other than the cheapest usual method available in the Online Store). The Seller shall make the refund using the same payment method the consumer used unless the consumer has expressly agreed to a different refund method that does not involve any costs for them. If the Seller has not proposed to pick up the Product from the consumer, they may withhold the refund of payments received from the consumer until the Product is received back or until the consumer provides proof of return delivery, whichever occurs first.

8.7. The consumer is obliged to immediately, no later than 14 calendar days from the day they withdraw from the agreement, return the Product to the Seller or transfer it to a person authorized by the Seller to collect it unless the Seller proposed to collect the Product themselves. To meet the deadline, it is sufficient to return the Product before the deadline. The consumer may return the Product to the address: Ciasne, Zielona Street 69, 16-030 Supraśl.

8.8. The consumer is liable for the decrease in the value of the Product resulting from using it in a manner that exceeds what is necessary to ascertain the nature, characteristics, and functioning of the Product.

8.9. Possible costs associated with the consumer's withdrawal from the agreement that the consumer is obliged to incur:

      8.9.1. If the consumer chose a method of delivering the Product other than the cheapest usual method available in the Online Store, the Seller is not obliged to refund the consumer for the additional costs incurred.

      8.9.2. The consumer bears the direct costs of returning the Product.

      8.9.3. In the case of a Product that is a service, which execution - at the express request of the consumer - has started before the withdrawal period, the consumer who exercises the right to withdraw from the agreement after such request must pay for the benefits performed until the withdrawal from the agreement. The amount payable is calculated proportionally to the scope of the benefit provided, considering the agreed price or fee in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit performed.

8.10. The right to withdraw from a distance agreement does not apply to consumers in relation to:

      8.10.1. (1) contracts for the provision of services, if the Seller has fully performed the service with the consumer's express consent, who has been informed before the service began that after the service is performed by the Seller, the right to withdraw from the agreement will be lost; (2) contracts in which the price or remuneration depends on fluctuations in the financial market which are beyond the Seller's control and may occur before the withdrawal period expires; (3) contracts for the provision of non-prefabricated goods manufactured according to the consumer's specifications or serving to meet their individualized needs; (4) contracts for the provision of goods that deteriorate rapidly or have a short shelf life; (5) contracts for the provision of goods that are supplied in sealed packaging that cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery; (6) contracts for the provision of goods that, due to their nature, are inseparably mixed with other items after delivery; (7) contracts for the provision of alcoholic beverages whose price was agreed upon at the conclusion of the Sales Agreement, and whose delivery can only occur after 30 days and whose value is dependent on fluctuations in the market beyond the Seller's control; (8) contracts in which the consumer explicitly requested the Seller to come to them to carry out urgent repairs or maintenance; if the Seller also provides other services than those requested by the consumer, or delivers goods other than spare parts necessary for the execution of the repair or maintenance, the consumer has the right to withdraw from the agreement concerning additional services or goods; (9) contracts for the provision of audio or video recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery; (10) contracts for the delivery of newspapers, periodicals, or magazines, except for subscription contracts; (11) contracts concluded through public auctions; (12) contracts for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering services, services related to leisure, entertainment, sports or cultural events if the day or period of service is specified in the agreement; (13) contracts for the provision of digital content that is not stored on a physical medium, if the performance has begun at the consumer's express request before the withdrawal period expires and after informing them by the Seller about the loss of the right to withdraw from the agreement.

      8.10.2. The provisions of this point 8 of the Regulations regarding consumers shall apply from January 1, 2021, and to agreements concluded from that date also to Users or Customers being natural persons concluding an agreement directly related to their business activity, provided that the content of this agreement indicates that it does not have a professional nature for this person, resulting in particular from the subject of the activity performed by them provided in the Central Register and Information on Business Activity.

9. PROVISIONS REGARDING ENTREPRENEURS

9.1. This point 9 of the Regulations and all provisions contained herein apply exclusively to Customers and Users who are not consumers.

9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a non-consumer Customer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Agreement in this case may occur without giving a reason and does not create any claims on the part of the non-consumer Customer against the Seller.

9.3. The Seller has the right to limit the available payment methods, including requiring a full or partial prepayment, regardless of the Customer's chosen payment method and the conclusion of the Sales Agreement.

9.4. The Provider has the right to terminate the agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending a relevant statement to the User.

9.5. The liability of the Provider/Seller towards the User/Customer, regardless of its legal basis, is limited – both in the case of a single claim and for all claims in total – to the amount of the price paid and the costs of delivery under the Sales Agreement, but not more than one thousand zlotys. The monetary limitation referred to in the preceding sentence applies to all claims made by the User/Customer against the Provider/Seller, including in the case of the failure to conclude a Sales Agreement or those unrelated to the Sales Agreement. The Provider/Seller is liable to the User/Customer only for typical damages foreseeable at the moment of concluding the agreement and is not liable for lost profits. The Seller is also not liable for delays in the transport of the shipment.

9.6. Any disputes that arise between the Seller/Provider and the Customer/User shall be submitted to the competent court with jurisdiction over the Seller/Provider's registered office.

9.7. In the case of non-consumer Customers, the Seller has the right to limit the available payment methods, including requiring a full or partial prepayment, regardless of the Customer's chosen payment method and the conclusion of the Sales Agreement.

9.8. Once the Seller transfers the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product transfer to the non-consumer Customer. In this case, the Seller is not liable for the loss, decrease, or damage to the Product that occurs from the moment it is handed over for transport until it is transferred to the Customer and for delays in the shipment transport.

9.9. In the case of shipping the Product to the Customer via a carrier, the non-consumer Customer is obliged to inspect the shipment timely and in the manner suitable for such shipments. If they find that a loss or damage to the Product occurred during transport, they are obliged to perform all necessary actions to determine the carrier's liability.

9.10. According to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a non-consumer Customer is excluded.

10. ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLIANT WITH THE REGULATIONS

10.1. This point of the Regulations includes provisions arising from the Digital Services Act regarding the Online Store and the Provider. In principle, the User is not obliged to provide content while using the Online Store unless the Regulations require specific data to be provided (e.g., data for placing an Order). The User may have the option to add reviews or comments in the Online Store utilizing the tools provided for this purpose by the Provider. In any case, when providing content, the User is obliged to comply with the principles contained in these Regulations.

10.2. CONTACT POINT - The Provider appoints the email address info@mgroup-shop.com as the single contact point. The contact point enables direct communication between the Provider and the authorities of member states, the European Commission, and the Digital Services Council, while also enabling recipients of the service (including Users) to have direct, fast, and friendly communication with the Provider electronically, for the purposes of implementing the Digital Services Act. The Provider indicates Polish and English as working languages for communication with their contact point.

10.3. Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:

      10.3.1. Any person or entity may report to the Provider the presence of specific information that they consider to be Illegal Content by sending it to the email address info@mgroup-shop.com.

      10.3.2. The report should be sufficiently precise and appropriately justified. For this purpose, the Provider facilitates and encourages submissions to the provided email, which contain all of the following elements: (1) sufficiently justified explanations of the reasons why the person or entity claims that the reported information constitutes Illegal Content; (2) clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of Illegal Content, appropriately to the type of content and specific type of service; (3) first name, last name, or name and email address of the person or entity making the report, except for reports concerning information related to one of the crimes referred to in Articles 3-7 of Directive 2011/93/EU; and (4) a statement confirming that the person or entity making the report has a good faith belief that the information and allegations contained therein are correct and complete.

      10.3.3. A report referred to above is deemed to give rise to actual knowledge or notice for the purposes of Article 6 of the Digital Services Act concerning the information it relates to if it enables the Provider, acting diligently, to ascertain – without detailed legal analysis – the illegal nature of the given activity or information.

      10.3.4. If the report contains electronic contact details of the person or entity making the report, the Provider promptly sends a confirmation of receipt of the report to that person or entity. The Provider also promptly informs that person or entity of its decision regarding the information to which the report pertains, providing information on the possibility of appealing against the decision taken.

      10.3.5. The Provider considers all reports it receives within the mechanism mentioned above and makes decisions regarding the information to which the reports pertain in a timely manner, not arbitrarily, objectively, and with due diligence. If the Provider makes use of automated means for the purposes of such consideration or decision-making, it includes information about this in the notification referred to in the previous point.

10.4. Information on restrictions imposed by the Provider in connection with the use of the Online Store regarding information provided by Users:

10.5. The User is obliged to follow these principles when providing any content within the Online Store:

      10.5.1. the obligation to use the Online Store, including posting content (e.g., in reviews or comments), in accordance with its purpose, these Regulations, and in a manner consistent with the law and good manners, considering respect for the personal rights and intellectual property rights of the Provider and third parties;

      10.5.2. the obligation to enter content that is factual and does not mislead;

      10.5.3. the prohibition on providing unlawful content, including the prohibition on providing Illegal Content;

      10.5.4. the prohibition on sending unsolicited commercial information (spam) via the Online Store;

      10.5.5. the prohibition on providing content that violates commonly accepted netiquette principles, including containing vulgar or offensive content;

      10.5.6. the obligation to possess – if necessary – all required rights and permissions to provide such content on the Online Store, especially copyrights or required licenses, permits, and approvals for their use, dissemination, sharing, or publication, especially rights to publish and disseminate in the Online Store and the right to use and disseminate the image or personal data in the case of content that includes the image or personal data of third parties.

      10.5.7. the obligation to use the Online Store in a manner that does not pose a risk to the security of the Provider's IT system, the Online Store, or third parties.

      10.5.8. The Provider reserves the right to moderate content provided by Users on the Online Store. Moderation is performed in good faith and with due diligence, either on the initiative of the Provider or in response to received reports, to detect, identify, and remove Illegal Content or other content not compliant with the Regulations or to prevent access to it or to take necessary measures to comply with the requirements of EU law and domestic law compliant with EU law, including the requirements specified in the Digital Services Act, or such requirements contained in the Regulations.

      10.5.9. The moderation process may be conducted manually by a human or may rely on automated or partially automated tools facilitating the Provider's identification of Illegal Content or other content not compliant with the Regulations. Upon identifying such content, the Provider shall decide whether to remove or restrict access to the content or otherwise limit its visibility or take other actions it deems necessary (e.g., contact the User to clarify objections and modify the content). The Provider will clearly and understandably inform the User who submitted the content (if it possesses their contact data) of its decision, the reasons for it, and available options for appeal against that decision.

      10.5.10. In fulfilling its rights and obligations under the Digital Services Act, the Provider is obliged to act with due diligence, in an objective and proportionate manner, and to duly consider the rights and legally justified interests of all parties involved, including service recipients, especially regarding rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.

      10.5.11. Any comments, complaints, objections, appeals, or reservations regarding the decisions or other action or inaction taken by the Provider based on a received report or the Provider's decision made in accordance with the provisions of these Regulations may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Regulations. Using this procedure is free of charge and enables the submission of complaints electronically to the given email address. Using the reporting and complaint procedure does not affect the right of that person or entity to initiate proceedings before a court and does not infringe on their other rights.

      10.5.12. The Provider considers all comments, complaints, objections, appeals, or reservations regarding the decisions or other actions or failures to act taken by the Provider based on a received report or made in accordance with these Regulations in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other report contains sufficient reasons for the Provider to conclude that its decision not to act in response to the report is unjustifiable or that the information regarding which the complaint pertains is not illegal and non-compliant with the Regulations, or contains information indicating that the complainant's action does not justify the measure taken, the Provider shall promptly withdraw or change its decision regarding the potential removal or restriction of access to the content or undertake other actions it considers necessary.

      10.5.13. Users, persons or entities who have reported Illegal Content to which the Provider's decisions regarding Illegal Content or non-compliant content are addressed, have the right to choose any non-judicial dispute resolution body certified by the digital services coordinator of the Member State in order to resolve disputes regarding those decisions, including in relation to complaints that were not settled within the internal complaint handling system of the Provider.

11. FINAL PROVISIONS

11.1. Agreements concluded through the Online Store are concluded in Polish.

11.2. Changes to the Regulations:

      11.2.1. The Provider reserves the right to make changes to the Regulations for important reasons, namely: changes in the law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.

      11.2.2. In the case of agreements of a continuous nature concluded based on these Regulations (e.g., provision of Electronic Service – Account), the amended regulations bind the User if the requirements defined in Articles 384 and 384[1] of the Civil Code have been met, i.e., the User has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the notification date. In the event that the change in the Regulations results in the introduction of any new fees or an increase in the existing ones, the User who is a consumer has the right to withdraw from the agreement.

      11.2.3. In the case of agreements of a nature other than continuous agreements (e.g., Sales Agreement), changes to the Regulations will not affect any rights acquired by Users/Customers who are consumers prior to the effective date of the changes.

11.3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of February 6, 2020 (Journal of Laws 2020 item 344); for Sales Agreements concluded until December 24, 2014, with Customers who are consumers - the provisions of the Act on the Protection of Certain Consumer Rights and Liability for Damages Caused by a Dangerous Product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on Specific Conditions of Consumer Sales (Journal of Laws 2012 item 1122) and the amendment to the Civil Code of June 29, 2020 (Journal of Laws 2020 item 1145); for Sales Agreements concluded from December 25, 2014, with Customers who are consumers - the provisions of the Consumer Rights Act of January 28, 2020 (Journal of Laws 2020 item 287); as well as other applicable provisions of generally applicable law.