General Terms and Conditions

TERMS AND CONDITIONS OF THE INTERNET STORE WWW.MAFAL.EU

§ 1 GENERAL PROVISIONS

1. The Internet Store available at the Internet address www.mafal.eu is operated by BHB BERTSCH HOLZBAU, a limited liability company with its registered office in Nowy Sącz, ul. Jana Pawła II 29, 33-300 Nowy Sącz, entered in the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, under KRS number: 0000058672, NIP: 7342834114, REGON: 49198354500000, e-mail address: info@bertsch-holzbau.eu, telephone number: 18 444 41 70, hereinafter referred to as the Seller.
2. These Terms and Conditions define the rules for concluding contracts for the provision of services and sale of products presented in the Online Store.
3. The Seller is the administrator of personal data processed by the Online Store in connection with the implementation of the provisions of these Terms and Conditions. The personal data of persons placing orders in the Online Store are processed on the basis of the principles set out in the Privacy Policy published on the Online Store’s website.
4. When placing an order in the Store, the Customer has the opportunity to read the Terms and Conditions, the Return Policy, and the Privacy Policy, accepting their content by checking the appropriate box on the Order Form. Acceptance of the provisions of these Terms and Conditions is a prerequisite for the execution of the order.
5. The following constitute an integral part of these Terms and Conditions:
   • Return Policy,
   • Privacy Policy.
6. The terms used in these Terms and Conditions shall have the following meanings:
   • Online Store– this online store operating at www.mafal.eu
   • Terms and Conditions – these Terms and Conditions of the Online Store,
   • Seller – BHB BERTSCH HOLZBAU limited liability company with its registered office in Nowy Sącz, ul. Jana Pawła II 29, 33-300 Nowy Sącz, KRS: 0000058672,
   • Customer – a natural person, legal person or organizational unit without legal personality, which has legal capacity, which has concluded or intends to conclude a sales contract,
   • Consumer – a natural person who performs a legal transaction with the Seller not directly related to their business or professional activity within the meaning of Article 22¹ of the Civil Code of April 23, 1964,
   • Entrepreneur – means a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, conducting business activity or professional activity in its own name and performing a legal act related directly to its business activity or professional activity,
   • Sales Agreement – an agreement concluded at a distance between the Customer and the Seller via the Online Store, the subject of which is the purchase of a Product,
   • Product/Goods – a movable item which the Customer purchases through the Online Store for the payment of the Price,
   • Order Form – a form available in the Online Store enabling the placement of an Order,
   • Order – a declaration of will made by the Customer via the Online Store specifying the type of Product, its characteristics and specifications, the Customer’s details, the method of payment, the method of delivery of the Product,
   • Price – the gross amount in Polish zlotys due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The price does not include delivery and assembly costs.

§ 2 RULES FOR USING THE ONLINE STORE

1. The information provided on the Online Store website relating to the Products presented does not constitute an offer, but an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Civil Code.
2. The photos of the products offered in the Online Store are for illustrative purposes only, and their actual appearance, color, and equipment depend on the order placed by the Customer. The photos presented are not to scale, and the models of houses and wooden structures may contain additional accessories and equipment that are not included in the Order.
3. The Customer may purchase products offered in the Online Store by placing an Order.
4. When placing an Order with delivery option, the Customer may purchase only 1 house or other wooden structure.

§ 3 TERMS AND CONDITIONS OF THE SALES AGREEMENT

1. The Customer may purchase the Products presented in the Online Store by placing an Order using the Order Form. Placing an Order entails the obligation to pay the price and any delivery costs.
2. In order to conclude a binding sales contract, the Customer selects a Product in accordance with the offer available in the Online Store, specifying the Product they intend to purchase and, if possible, indicating the characteristics of the ordered Product and its specifications based on the messages and information displayed in the Order Form.
3. Upon receipt of the Order, the Seller shall send the Customer a statement of acceptance of the Order to the e-mail address provided during the Order placement.
4. Placing an Order (even if it has been paid in full) is tantamount to submitting an offer to the Seller to purchase a specific Product. The Seller has 14 days to confirm acceptance of the Customer’s Order for execution, counting from the date of placing the Order by the Customer. The Seller shall send the Customer a statement of acceptance of the order for execution and a sales document in the form of an invoice to the e-mail address provided in the Order Form.
5. The Order placed by the Customer is subject to verification by the Seller. The Seller reserves the right to cancel the Order within 14 days from the date of receipt of the Order if it is not possible to fulfill the Order for reasons beyond the Seller’s control. At the same time, the Seller reserves the right to refuse to fulfill Orders that are incorrect, incomplete, or impossible to fulfill. The Buyer will be informed about the cancellation of the order by e-mail. The amount paid by the Customer will be refunded within 14 days from the date of informing the Customer about the cancellation of the Order.
6. In order to avoid any doubts, the Sales Agreement is considered concluded upon receipt by the Customer of a message confirming the acceptance of the order for execution.
7. Due to the fact that the products offered in the Online Store are manufactured to the Customer’s individual order, it is not possible to cancel or change the Order after it has been placed and the BUY and PAY buttons have been activated.

§ 4 PRICE AND PAYMENT

1. All prices of Products listed on the Online Store website are given in Polish currency and are gross prices including VAT.
2. Product prices do not include shipping costs, which are determined individually in the Order Form and depend on the distance between the place of delivery and the Seller’s registered office.
3. The Seller offers the Customer the following payment methods:
   • Payment by bank transfer to the Seller’s bank account: 62 1750 1240 0000 0000 3434 5047
   • Electronic payments via Przelewy24.pl
4. The Buyer is obliged to pay the purchase price within 48 hours of placing the Order. If payment is not made within this period, the Order will be canceled in its entirety.
5. In the event of cancellation of the order, the funds will be refunded to the card or bank account from which the product was purchased.

§ 5 ORDER DELIVERY TIME

The Seller’s order delivery time is 8 to 10 weeks from the moment the Seller accepts the Order for processing in accordance with § 3(4) of the Terms and Conditions. If, for reasons beyond the Seller’s control (in particular in the event of unavailability of wood), the Order cannot be fulfilled within the specified time, the Seller shall immediately inform the Customer of the extension of the Order fulfillment time.

§ 4 METHODS AND TERMS OF DELIVERY AND RECEIPT OF THE PRODUCT

1. Delivery of Products offered in the Online Store is available only within the territory of the Republic of Poland.
2. The Seller delivers the ordered Products by its own transport or through a selected subcontractor. Deliveries are made on working days from Monday to Friday between 6:00 a.m. and 10:00 p.m., excluding public holidays and days off work.
3. The Customer will be informed of the planned delivery date at least 24 hours before the delivery date. The Customer will be informed of the date and time of delivery by e-mail/telephone.
4. The Product may only be collected by the Customer or a person authorized in writing by the Customer to collect the ordered Product.
5. Due to the size and weight of the products, the Customer is obliged to ensure appropriate access by a truck with a load capacity of up to 40 tons to the place where the Product covered by the Sales Agreement is to be unloaded. The inability to access the place of delivery will result in an additional fee determined individually, payable on the basis of an invoice issued by the Seller.
6. If the Product cannot be delivered on time to the address given by the Customer for reasons attributable to the Customer due to the absence of the Customer or a person authorized in writing by the Customer to collect the Product at the place of delivery, the Customer shall be charged with the costs related to the downtime of the driver and the vehicle used to deliver the Product in the amount of PLN 200 net for each hour of downtime.
7. The Customer or a person authorized in writing by the Customer is obliged to check the delivered shipment and confirm its receipt by signing the consignment note/delivery note.
8. In the event of damage to the goods, tampering with security features, damage to the packaging, or, if the product is delivered without packaging, in the event of any signs of damage or loss, a damage report shall be drawn up in the presence of the Seller’s employee or in the presence of the carrier performing the transport.
9. Personal collection of the product is possible at the address ul. Jana Pawła II 29, 33-300 Nowy Sącz on working days, excluding public holidays and statutory days off, between 6:00 a.m. and 3:00 p.m.
10. The Customer will be informed by e-mail/telephone when the Order is ready for collection. The order should be collected within 7 days from the date of informing the Customer about the possibility of collecting the order. If the product is not collected within the specified time, the Customer will be charged with the costs of storing the Product in the amount of PLN 50 net for each day of storage on the basis of an invoice issued by the Seller. The Customer is obliged to confirm receipt of the product by signing the receipt protocol.
11. The sales invoice and assembly instructions for the Ordered product will be provided to the Customer together with the delivery of the Product or upon its collection by the Customer. The assembly instructions are also available on the Online Store website.

§ 4 RETURN OF GOODS PURCHASED BY THE CONSUMER

The rules for returning Products purchased in the Online Store, resulting from the applicable regulations, are available on the Online Store’s website in the “Returns” tab.

§ 5 NON-CONFORMITY OF GOODS WITH THE AGREEMENT (CONSUMER SALES)

1. The Seller is liable to the Customer who is a Consumer if the goods are not in conformity with the Sales Agreement. Complaints are considered in accordance with the provisions of the Consumer Rights Act.
2. The Seller shall be liable for any lack of conformity of the Goods with the Sales Agreement existing at the time of delivery and revealed within two years from that moment, unless the shelf life of the goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer. It is presumed that any non-conformity of the Goods with the Sales Agreement which became apparent within two years of delivery existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the Goods or the nature of the non-conformity of the Goods with the Sales Agreement.
3. Complaints should be addressed to the Seller in writing to the following address: BHB BERTSCH HOLZBAU spółka z ograniczoną odpowiedzialnością, ul. Jana Pawła II 29, 33-300 Nowy Sącz or to the e-mail address: info@bertsch-holzbau.eu The basis for considering a complaint is the submission of a document confirming the conclusion of the Sales Agreement.
4. The Seller shall respond to the complaint within 14 days of its submission.
5. The Goods are in accordance with the Sales Agreement if, in particular, the following remain in accordance with the agreement:
   • description, type, quantity, quality, completeness and functionality, and in relation to Goods with digital elements – also compatibility, interoperability and availability of updates,
   • suitability for a specific purpose for which the Consumer needs it, which the Consumer notified the Seller of at the latest at the time of conclusion of the Sales Agreement and which the Seller accepted.
6. In addition, in order to be considered compliant with the Sales Agreement, the Goods must:
   • be fit for the purposes for which Goods of this type are normally used, taking into account the applicable legal provisions, technical standards or good practices;
   • be in the quantity and have the characteristics, including durability and safety, and, in the case of Goods with digital elements – also the functionality and compatibility that are typical for Goods of this type and which the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurance made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that:
   • it was not aware of the public statement and, judging reasonably, could not have been aware of it,
   • before the conclusion of the Sales Agreement, the public statement was corrected in accordance with the conditions and form in which the public statement was made, or in a comparable manner,
   • the public statement did not influence the Consumer’s decision to conclude the Sales Agreement;
   • be delivered with packaging, accessories, and instructions that the Consumer may reasonably expect;
   • be of the same quality as the sample or model that the Seller made available to the Consumer before the conclusion of the contract and correspond to the description of such sample or model.
7. The Seller shall not be liable for the Product’s lack of conformity with the Sales Agreement referred to above if the Consumer, at the latest at the time of conclusion of the Sales Agreement, was clearly informed that a specific feature of the Goods deviates from the requirements of conformity with the agreement specified in §5(5) and (6) above, and has expressly and separately accepted the absence of a specific feature of the product.
8. If the Goods are not in conformity with the Sales Agreement, the Consumer may request their repair or replacement. The Seller may replace the Goods if the Consumer requests repair, or the Seller may repair the Goods if the Consumer requests replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would involve excessive costs for the Seller. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the contract.
9. The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller was informed by the Consumer of the lack of conformity with the Sales Agreement.
10. The costs of repair or replacement shall be borne by the Seller. The Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer at its own expense. The Consumer shall not be obliged to pay for the normal use of the Goods which have been replaced.
11. If the Goods were installed before the lack of conformity with the contract became apparent, the Seller shall dismantle the Goods and reinstall them after repair or replacement, or have these activities carried out at its own expense.
12. The Consumer may submit a statement of reduction of the Price or withdrawal from the contract when:
    • The Seller refused to bring the Goods into conformity with the Sales Contract;
    • The Seller did not bring the Goods into conformity with the Sales Contract;
    • the Goods are still not in conformity with the Sales Agreement despite the Seller’s attempts to bring the Goods into conformity with the Sales Agreement;
    • the lack of conformity of the Goods with the Sales Agreement is so significant that it justifies a price reduction or withdrawal from the contract without first using the remedies specified in § 5(8) of these Terms and Conditions;
    • it is clear from the Seller’s statement or circumstances that the Seller will not bring the Goods into conformity with the Sales Agreement within a reasonable time or without undue inconvenience to the Consumer.
13. The reduced price must be in proportion to the Price specified in the Sales Agreement, in the same ratio as the value of the Goods not in conformity with the Sales Agreement to the value of the Goods in conformity with the Sales Agreement. The amount due as a result of exercising the right to reduce the Price shall be refunded no later than within 14 days from the date of receipt of the Consumer’s statement on the reduction of the Price.
14. The Consumer may not withdraw from the Sales Agreement if the non-compliance of the Goods with the Agreement is insignificant.
15. In the event of withdrawal from the Sales Agreement, the Consumer shall immediately return the Goods to the Seller at the Seller’s expense. The Seller shall refund the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.
16. The provisions of this paragraph shall apply to a natural person who concludes a contract directly related to their business activity, if the content of the contract indicates that it is not of a professional nature, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

§ 5 WARRANTY FOR ENTREPRENEURS

In the case of Sales Agreements concluded with Customers who are not Consumers within the meaning of Article 22¹ of the Civil Code, pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty is excluded.

§ 6 WARRANTY

1. Products sold through the Online Store are brand new, complete and may be covered by the manufacturer’s warranty. Information on the existence and content of the manufacturer’s warranty for accessories offered in the Online Store is available on the Online Store website.
2. As a manufacturer of houses and wooden structures, the Seller provides a warranty for a period of 5 years from the date of delivery of the Product to the Customer, in accordance with the terms set out in this paragraph. The warranty is valid in the territory of the Republic of Poland.
3. The warranty does not affect the Seller’s liability for non-compliance of the Goods with the Sales Agreement.
4. Under the warranty, the Seller undertakes to remove physical defects and, if repair is not possible, to replace the Product with one free of defects. If, due to the nature of the defect, the Product cannot be repaired or replaced, the Seller shall refund the Price paid. The Seller shall choose the method of removing the physical defect.
5. Complaints should be addressed to the Seller in writing to the following address: BHB BERTSCH HOLZBAU spółka z ograniczoną odpowiedzialnością, ul. Jana Pawła II 29, 33-300 Nowy Sącz or to the email address: info@bertsch-holzbau.eu. The basis for considering a complaint is the submission of a document confirming the conclusion of the Sales Agreement.
6. The person entitled under the warranty should deliver the Product at the Seller’s expense to the address: BHB BERTSCH HOLZBAU spółka z ograniczoną odpowiedzialnością, ul. Jana Pawła II 29, 33-300 Nowy Sącz, unless the circumstances indicate that the defect should be removed at the place where the Product was located at the time the defect was discovered.
7. The Seller undertakes to perform its obligations under the warranty within 30 (thirty) days from the date of notification of the defect.
8. The warranty liability covers only defects arising from causes inherent in the sold Product.
9. The warranty does not cover defects arising:
   • as a result of improper installation in a manner inconsistent with the installation instructions,
   • in connection with mechanical damage to the Product by the Customer or a third party,
   • as a result of improper use and maintenance,
   • as a result of using the Product in a manner inconsistent with its intended use,
   • as a result of atmospheric phenomena and random events
   • as a result of natural wear and tear due to changing atmospheric conditions in which the Product is used.
10. Furthermore, the warranty does not cover cracks, splits, knots resulting from the natural physical properties of wood, discoloration at the site of knots, damage caused by resin flow. Detailed characteristics of wood, together with a description of those not covered by the warranty, are provided on the Online Store website in the “Wood characteristics” tab available at: https://bertsch-holzbau.eu/pl/wood_features.php

§7 FINAL PROVISIONS

All content posted on the Online Store website (graphics, product descriptions, website layout, logo, catalogs) is protected by copyright and is the property of the Seller. The use of content posted without the written consent of the Seller will result in civil and criminal liability for copyright infringement.

These Terms and Conditions are effective from: March 1, 2023

Sales Agreements concluded through the Online Store are concluded in Polish. In cases not covered by these Terms and Conditions, the provisions of generally applicable law shall apply.

The content of these Terms and Conditions may be changed. Changes to the Terms and Conditions shall enter into force on the date specified by the Seller, not earlier than 7 days after they are made available on the Online Store website.

Orders placed before the entry into force of the amendments to the Terms and Conditions shall be processed in accordance with the previous provisions of the Terms and Conditions.

The content of the Terms and Conditions may be recorded by printing, saving on a medium or downloading at any time from the Online Store website.

A Customer who is a Consumer has the option of using out-of-court complaint and redress procedures. The rules for accessing these procedures are available on the websites and at the registered offices of the entities authorized to handle out-of-court disputes. The list of entities is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

The available out-of-court dispute resolution methods are: mediation – enables the parties to reconcile their positions, conciliation – the parties will be offered a specific method of dispute resolution, arbitration, e.g. within the framework of arbitration – resolves the dispute and imposes a solution on the parties. The Seller reserves that this provision is for information purposes only and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution methods and does not constitute unconditional consent to participate in such proceedings.