Conditions of Use mkfresh.pl

I.General Information

  • 1. The following regulations (“Regulations”) apply in particular to the principles for ordering and processing Orders for Products sold by Strauss Cafe Poland Sp. z o.o. from its headquarters in Swadzim (62-080) Tarnowo Podgórne, ul. Poznańska 50, entered in the National Court Register by the District Court of Poznań – Nowe Miasto and Wilda, VIII Commercial Register under KRS number 0000083445, tax ID number (NIP) 781-00-20-676, statistical number (REGON) 004859736, with fully paid up share capital in the amount of PLN 100,000 (“Seller”), operating via the Internet platform mkfresh.pl, at the internet address: www.mkfresh.pl (“Website”), delivery of Products, contract withdrawal, submitting complaints.
  • 2. The buyer, by placing an Order on the Website or by telephone, hereby accepts the following Regulations and its conditions are therefore binding. These Regulations are available on the Website.
  • 3. When the Regulations make reference to the:
    • CSD – this should be understood as the Customer Service Department, which permits the Buyer to have direct contact with the Seller on all matters related to the realisation of Order:
      • a) via the email: bok@mkfresh.pl,
      • b) by telephone at 61 816 69 42 from 8.00 to 16.00,
      • c) by post at the following address:
        MKfresh.pl
        Strauss Cafe Poland Sp. z o.o.
        ul. Poznańska 50, Swadzim
        62-080 Tarnowo Podgórne
    • Price – means the price of the Product in Polish zlotys, including VAT tax, exclusive of delivery costs indicated on the Website on the day the Order is placed,
    • Suppliers – means the Polish Post, InPost or courier companies that cooperate with the Seller; deliveries are carried out in Poland,
    • Delivery costs – means the fees for delivering Products to the Buyer; these fees are provided on the Website when the Buyer places an Order,
    • Consumer – means a natural person who acquires Products to satisfy their individual needs and not in connection with the conduct of economic activity,
    • Products – means the goods offered by the Seller for retail sale on the Website, in particular coffee and accessories for brewing coffee and other related items,
    • Buyer – means the individual who places an order via the Website or by telephone to obtain Products, i.e. a natural person of legal age (at least 18 years old) and full legal capacity as well as legal entities or other organisational entities,
    • Act – means the act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended),
    • Order – means an order placed by the Buyer on the Website or by telephone in accordance with the conditions of use indicated in these Regulations.
  • 4. The Seller does not incur any costs for communication, including using means of distance communication, and the Buyer will assume the costs of such communication pursuant to terms of the agreement it has concluded with media suppliers.
  • 5. An internet connection, an email account and a telephone number are necessary for using the Website.
  • 6. The Buyer’s computer must have the function for accepting cookies activated as well as JavaScript to properly display and use the Website.
  • 7. The proper functioning of the Website is ensured for the following browser versions: Internet Explorer 11, Google Chrome 45, Firefox 42, Safari 9, IOS Safari 9.2, Chrome for Android 49 or later.
  • 8. Confirmation, promotion, consolidation and securisation of all relevant provisions of the contract takes the form of an Order confirmation sent to the indicated email address, permanent access to the content of the Regulations, forms for withdrawal from the contract and submission of complaints on the Website, sending of an invoice to the indicated email address after payment for the Order. The content of the contract is also shaped by legal provisions and, in the cases foreseen in the Regulations, specific arrangements between the Buyer and the Seller. The content of sales contracts concluded on the Website is stored in the IT system for a period of at least 1 year from the date each contract was concluded. Each Buyer that completes the registration process, after logging in, has access to all their orders and as a result to the sales contracts concluded on the Website throughout the duration of their storage in the IT system defined in the previous sentence.

II. Conditions for placing and realising an Order, payment

  • 1. The Buyer may place an Order for Products available for sale on the Website electronically using the Website or by telephone via the CSD.
  • 2. In order to place an Order electronically, the Buyer is obliged to fill out a registration or order form as well as confirm that he or she has read and understood the Regulations.
  • 3. Registration is completed once and later Orders are realised on the basis of a successful login on the Website by providing the login and selected password.
  • 4. The Regulations also apply in their entirety to Orders placed by telephone.
  • 5. After the Buyer places an Order using the Website or by telephone, the Seller will send confirmation of the Order to the email address indicated by the Buyer during registration on the Website, provided on the order form during placement of an Order or by telephone via the CSD.
  • 6. The sales contract will be concluded when the Buyer receives confirmation from the Seller that the Order has been accepted for realisation.
  • 7. After the Seller has confirmed acceptance of the Order for realisation, the Buyer cannot change or cancel it.
  • 8. The Seller has the right to refuse to realise an Order:
    • a) if the data provided during the Order process are incorrect or false,
    • b) placed in breach of these Regulations.
  • 9. If the gross value of an order exceeds PLN 2,000 or the weight 30 kg, the Seller reserves the right to make realisation of the Order dependent on the Seller’s acceptance or the payment by the Buyer of a deposit.
  • 10. Placement of an order for a larger quantity of Products by Buyers who are not Consumers may take place via the CSD email address for such contacts: poznan@strauss-group.pl. If the Buyer is an enterprise, the Seller reserves the right of ownership of the Products until the moment the Price is paid pursuant to the provisions of the Regulations.
  • 11. Orders may be placed on the Website 24 hours a day every day of the year, but via the CSD only five days a week from Monday to Friday between the hours of 8:00-16:00 and taking into consideration bank holidays.
  • 12. The Seller will not realise Orders on Saturdays or bank holidays in accordance with existing provisions.
  • 13. The Seller engages to deliver Products that are free from defects within the framework of the sales contract.
  • 14. If a product is out of stock, the Seller will inform the Buyer accordingly before the Order is realised and the Buyer thereby has the right to resign from the entire Order or the out of stock product alone.
  • 15. By concluding the contract, the Buyer engages to receive the Products and pay the Prices provided on the Website by the Seller along with the delivery costs – unless delivery in a given case is free, of which fact the Buyer will be informed each time such an order is placed. The delivery fees are outlined in point IV, paragraph 5 of the Regulations.
  • 16. The obligations of the Buyer resulting from the sales contract, outlined in detail in the Regulations, will remain binding until the moment the Prices, delivery costs of Products and additional services indicated in point III below are paid, as long as they have been calculated in compliance with the existing fee list.
  • 17. Available forms of payment for ordered Products include:
    • a) cash – upon the delivery of Products,
    • b) payment cards – available when placing an Order via the Website using the online payment system,
    • c) online transfer – available when placing an Order via the Website using the online payment system.
  • 18. When the Buyer selects online payment, the Seller will confirm that the order has been accepted for realisation after receiving the proper authorisation from the entity processing the Buyer’s payment.
  • 19. After completing payment, the Client will receive an invoice sent in electronic form to the email address provided during registration, on the order form or while placing an order by telephone. The invoice will be sent to the Buyer in electronic form after the Buyer expressly consents to the receipt of invoices in this manner.

III. Additional Services

  • 1. The Seller offers the Buyer the following additional services:
    • a) packing Orders as presents,
    • b) including a dedication with content determined by the Buyer with the Order or selected Products within the order.
  • 2. Additional services are provided by the Seller for a fee. The pricelist for additional services is outlined in Annex 2 to these Regulations. The Buyer will also be informed of the cost of additional services each time an Order is placed using the online Website.
IV. Delivery
  • 1. The Seller will deliver Products to the location indicated by the Buyer in the Order within the Republic of Poland.
  • 2. Standard delivery of the product will be carried out within 24 hours from the moment the Order is received by the Seller for realisation. Deliveries are made from Monday to Friday. An estimated delivery date is provided for each Order on the Website. If any circumstances arise that prevent delivery of the Ordered Product, the CSD will contact the Buyer in Order to establish a new Order delivery date.
  • 3. The Seller is not obliged to deliver Products until the moment it sends the Buyer confirmation of acceptance of the Order for realisation.
  • 4. The delivery of Products is carried out via Polish Post or another courier company as well as an InPost automated parcel terminals indicated by the Buyer. The Buyer will be informed of a planned delivery time in a separate email sent to the address provided by the Buyer when placing an Order. The Seller is not liable towards any entities that are not Consumers for any damage that occurs as a result of delays or failures to deliver.
  • 5. The cost of delivery is dependent on the value of the Order and is calculated as follows:
    • a) For an Order up to PLN 70 (including any discounts)
      • UPS PLN 13.00
      • UPS (COD) PLN 16.50
      • InPost parcel locker PLN 8.50
      • InPost parcel locker (COD) PLN 10.00
      • Pocztex 48 PLN 9.50
      • Pocztex 48 (COD) PLN 12.00
      • Pocztex 48 Orlen PLN 7.00
    • b) For Orders above PLN 70 (including any discounts) delivery is free of charge.
  • 6. A package ordered with cash on delivery will be delivered once the full Price is paid.
  • 7. The Buyer is obliged to verify, in the presence of the courier, whether the package has sustained any damage resulting from transport or whether the Products are affected as well as to confirm receipt of the Products from the Supplier. If damage is present or the Order is missing items due to damage sustained by the package, the Buyer should immediately notify the courier of this fact and has the right to return the package, in which case the courier is obliged to fill out a return protocol.
  • 8. At the moment of delivery of the Products by the Buyer, he or she assumes the risk of loss or damage to the Products.
  • 9. If the courier package is not received twice or is not picked up from an Inpost parcel locker or PKN Orlen station, the contract will be considered dissolved by mutual agreement of the parties.
  • 10. The delivery of Products that were not ordered by the Buyer takes place at the Seller’s risk and does not engender any commitments on the part of the Buyer.
V. Right to withdraw from the contract
  • 1. The Buyer or Consumer has the right to withdraw from the contract within a period of 14 days from the day of Product delivery subject to point 2 below. Recourse to this right requires the submission of a withdrawal from the contract before this period has expired. The sample withdrawal from the contract is Annex 4 to these Regulations. This statement may be submitted by post along with the returned Products and a withdrawal from the contract form, available on the Website. The Seller will send electronic confirmation immediately after receiving from the Buyer the withdrawal from the contract form to the email address provided during registration on the Website, on the order form or while placing an Order by telephone.
  • 2. If the Buyer withdraws from the contract, the contract is considered to be void and the product should be immediately returned to the Seller, but no later than within 14 days after the declaration of withdrawal from the contract is submitted to the following address:
    Strauss Cafe Poland Sp. z o.o.
    Zwroty mkfresh.pl
    ul. Poznańska 50, Swadzim
    62-080 Tarnowo Podgórne
  • 3. The immediate costs of returning Products in connection with withdrawal from the contract will be borne by the Buyer.
  • 4. The right to withdraw from a contract is not granted to a Buyer who is a Consumer in the cases laid out in detail in Article 38 paragraph 1 of the Act, including with respect to a contract:
    • a) in which the object of provision is an item subject to rapid expiration or with a short term of use;
    • b) in which the object is an item delivered in sealed packaging, which after opening cannot be returned in order to protect health, in light of hygiene concerns, if the packaging was opened after delivery;
    • c) in which the object of provision involves items that after delivery, in light of their character, will be irrevocably connected with other items.
  • 5. The Seller will compensate the Buyer for the payment made for the product within 14 days from the day the Seller receives the declaration of withdrawal from the contract. The Seller may withhold compensation of the payment received from the Buyer until the moment the product is returned or confirmation is received from the Buyer that the product to be returned has been sent.
VI. Complaints, guarantee on coffee accessories
  • 1. The Seller commits to deliver Products that are free from defects.
  • 2. The Buyer is entitled to submit a complaint if defects are found in the delivered Products, including for any visible damage sustained during transport:
    • a) using the Website by completing the available complaint form – the sample complaint form is Annex 3 to these Regulations,
    • b) by sending an electronic or written message to the address of the CSD, providing the Order number.
  • 3. A complaint will be examined within 14 days from the date it is submitted by the Buyer. The manner of its consideration will be communicated to the Buyer by the Seller electronically to the email address provided during the registration process on the Website or while placing an order by telephone.
  • 4. The cost of sending the product subject to the complaint, to which the Seller has acknowledged the complaint, will be borne by the Seller. The package will be sent at the Seller’s cost by Polish Post. The Buyer should visit the website https://ezwroty.poczta-polska.pl/, where the return form and instructions for returning Products at the Seller’s cost are available.
  • 5. If the Seller does not acknowledge a Buyer’s or Consumer’s complaint, and the latter does not agree with the manner in which the complaint has been handled, the Consumer has the right to submit this matter to mediation or judgement by an arbitration court, e.g. via consumer arbitration courts operating in Provincial Trade Inspectorates. A list of consumer arbitration courts is available at this address: https://www.uokik.gov.pl/wazne_adresy.php. The consumer also has the possibility of submitting complaints using the EU ODR internet platforms, available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL.
  • 6. Selected Products in the Seller’s range within the category of coffee accessories may be covered by a manufacturer’s guarantee. This information will be provided to the Buyer along with the product. The manufacturer’s guarantee does not exclude the powers of the Buyer in notifying defects in sold items.
VII. Protection of personal data and privacy policy
  • 1. The Seller processes the personal data of the Buyer during registration on the Website or while registering an Order by telephone in order to realise a contract on the basis of Article 23 paragraph 1 point 3) of the Personal Data Protection Act of 29.08.1997 (Journal of Laws of 2002 No 101, item 926, as amended).
  • 2. The personal data is processed by the Seller as the administrator of such data, in accordance with the provisions of the Personal Data Protection Act of 29.08.1997 (Journal of Laws of 2002 No 101, item 926, as amended).
  • 3. The personal data of the Buyer is transmitted to the Supplier in order to deliver the ordered Products.
  • 4. The Seller, in processing payment for the Order, cooperates with the service www.payu.pl, which fulfils the standards for security in transmitting data using the SSL EV protocol.
  • 5. The Seller processes the personal data of the Buyer provided during registration on the Website, on the order form or while placing an Order by telephone in order to send correspondence of a commercial or advertising character using means of electronic communication only after the Buyer has granted express and separate consent to the processing of such data for this purpose.
  • 6. The Buyer, via contact with the CSD, consents to the recording of telephone conversations in order to register his or her consent to the processing of personal data or sending of invoices electronically as well as to evaluate and improve the quality of services provided.
  • 7. The Buyer has the right to access the content of the personal data he or she has provided as well as to amend them or request their removal.
  • 8. The Buyer, in using the Website, expresses consent to the use of cookies in accordance with the browser’s current settings.
  • 9. Cookies are used in order to improve the quality of services provided, including in particular to adapt the contents of the webpage to the Buyer’s preferences, recognise the Buyer’s device and adjust the manner in which the page is displayed to this device as well as maintain statistics for internal purposes.
  • 10. The Buyer may at any time change the settings concerning cookies, particularly to block them or notify of their use. Details concerning the possibility of blocking cookies can be accessed by the Buyer in their internet browser’s settings. Blocking cookies may affect the functioning of the Shop and its available features.
  • 11. Cookies may be used by entities cooperating with the Seller within the framework of managing the Shop and providing the services it offers.
  • 12. The login and password are confidential data that secure the Buyer’s profile against unauthorised interference by third parties. The Buyer engages not to provide such data to third parties.
VIII. Final Provisions
  • 1. The Seller has the right to change these Regulations at any time, in particular to adapt its content to existing legal provisions.
  • 2. The Regulations in their current form are available on the Website on the Contact page under Regulations.
  • 3. If changes are made to these Regulations over the course of Order realisation, the Regulations in force at the moment the Order is placed by a Buyer will be applied.
  • 4. In all matters not regulated by the provisions of these Regulations, the provisions of the Civil Code, laws and other acts of Polish law will apply.