Terms and Conditions
§ 1. Definitions
- Terms and Conditions - these Terms and Conditions, defining the rules for concluding distance sales contracts through the Online Store, the rules for executing these contracts, the rights and obligations of the parties to the distance sales Agreement, and the complaint handling procedures. With regard to services provided electronically, the Terms and Conditions are accordingly the regulations referred to in Article 8 of the Act on the provision of services by electronic means.
- Customer - a natural person with full legal capacity, a legal person, or an organizational unit without legal personality to which the law grants legal capacity, who enters into a distance sales Agreement with the Seller.
- Consumer - a natural person performing a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
- Individual entrepreneur - a natural person entering into a distance sales Agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for that person, resulting in particular from the subject of the business activity they conduct, made available based on the provisions on the Central Register and Information on Business Activity.
- Entrepreneur - a natural person, legal person, or organizational unit that is not a legal person to which the law grants legal capacity, conducting business or professional activity in their own name.
- Seller: ICM TRADE POLAND Sp. z o.o. Kielecka Street, No. 41A, Unit 8, 02-530 Warsaw Tax ID: 5214093504
- Seller's registered office address: Kielecka Street, No. 41A, Unit 8, 02-530 Warsaw
- Online Store - an internet service operated by the Seller, available at the electronic addresses: mansserosmo.pl through which the Customer can obtain information about the Product and its availability, as well as purchase the Product or order a service.
- Distance sales agreement - an agreement for the sale of Goods/an agreement for the provision of a digital Service or digital Content (if applicable), concluded via the Online Store.
- Goods - movable property that the Customer can purchase in the Online Store.
- Digital service - a service allowing the Consumer to:
- creating, processing, storing or accessing data in digital form;
- sharing data in digital form that has been uploaded or created by the Consumer or other users of that service;
- other forms of interaction by means of data.
- Digital content - data produced and supplied in digital form.
- Privacy and Cookies Policy of the Online Store - a document specifying detailed rules for the processing of personal data and the use of cookies. The Privacy and Cookies Policy constitutes Annex No. 3 to the Terms and Conditions and is available at: https://mansserosmo.pl/polityka-prywatnosci/
- Durable medium - means a material or tool enabling the Customer or the Seller to store information addressed personally to them, in a manner allowing access to the information in the future for a period of time appropriate to the purposes for which that information is intended and which allows the reproduction of the stored information in unaltered form, in particular electronic mail.
- Electronic order form - an electronic procedure for placing an order made available by the Seller to the Buyer.
- Electronic return form - an electronic procedure for making returns made available by the Seller to the Buyer
- Electronic complaint form - an electronic procedure for submitting complaints made available by the Seller to the Buyer
- Submitting an order - confirmation of an order by the Customer clicking the "Order and pay" button, treated as the Customer's submission of a binding declaration of intent to conclude a Distance Sales Agreement with the Seller.
- Account - a collection of data stored in the Online Store and in the Seller's ICT system concerning a given Customer and their orders placed and Distance Sales Agreements concluded, by means of which the Customer can place orders, and also at the appropriate time - cancel or edit them and conclude Distance Sales Agreements.
§ 2. General Provisions
- Types and scope of services provided electronically:
- concluding online Sales Agreements - with respect to Goods sold in the Online Store,
- rules for registration and use of the Account within the Online Store,
- adding reviews, comments and ratings - the Customer may add a review or comment to their order,
- sending e-mail messages in which the Seller confirms receipt of the order, possible receipt of payment, acceptance of the order for processing.
- Use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
- web browsers in the current version, e.g.:
- Firefox
- Chrome
- Microsoft Edge
- any program for viewing files in PDF format.
- web browsers in the current version, e.g.:
- Content posted on the pages of the Online Store, including descriptions of Goods and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
- The Seller makes these Terms and Conditions available together with the Annexes via a link placed on the home page before conclusion of the Distance Sales Agreement, during its course and after its completion. The Buyer may download it and print it out.
- In order to ensure the security of transmission of messages and data in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the level of security of the services provided, in particular measures to prevent the acquisition and modification by unauthorized persons of personal data transmitted over the Internet.
§ 3. Orders
- Placing an order in the Online Store can be done via the Account or by selecting the purchase without registration option, in which case an internal account is created, on the basis of which the Customer may create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.
- A purchase is made by completing the Electronic Order Form available on the pages of the Online Store. The selection of Goods to be ordered is made by adding them to the shopping cart. The Electronic Order Form specifies, among other things, which Goods, at what price and in what quantities the Customer wishes to order to the location specified by them. The Customer takes appropriate technical steps based on the displayed messages.
- After the Customer has provided all the necessary data, a summary of the placed order will be displayed. The order summary will contain information regarding: data identifying the Seller, the subject of the order, the unit and total price of the Goods ordered, including delivery costs and others if applicable, the selected payment method, the selected delivery method, delivery time and delivery costs.
- If the subject of the contract is the supply of Digital Content or Digital Services not recorded on a tangible medium or services performed electronically or at a distance, the Consumer, in an additional checkbox required to place the order and found on the Electronic Order Form, gives the following consent: "I agree to the supply of digital content which is not recorded on a tangible medium or to the commencement of the service before the expiry of 14 days from the date of conclusion of the contract and acknowledge the loss of the right of withdrawal from the contract." The Seller will confirm receipt of the above consent by e-mail.
- In order to place an Order, it is necessary to provide in the Electronic Order Form the personal data marked as mandatory, accept the content of the Terms and Conditions, and send the order by pressing the "Order and pay" button.
- Sending the Electronic Order Form by the Customer constitutes a binding declaration of intent to conclude a Distance Sales Agreement, in accordance with these Terms and Conditions.
- A Distance Sales Agreement is considered concluded at the moment the Seller accepts the Electronic Order Form, which is confirmed by displaying a message to the Buyer confirming acceptance of the order and providing its number.
- After concluding the distance sales contract, the Customer receives via e-mail a confirmation of the placed Order containing: confirmation of receipt of the Order and final confirmation of all essential elements of the Order, as well as the general terms and conditions of the concluded Distance Sales Agreement (the Online Store Terms and Conditions together with Appendices No. 1 and 2), the Seller’s details, the Seller’s liability for the quality of the service provided, information about services provided by the Seller after the sale, and about the manner and consequences of withdrawal from the contract. The instruction on how to withdraw from the contract and the consequences thereof is included in Appendix No. 1.
- Until the Seller begins processing the order:
- The Customer may change their order using the technical solution available on the Electronic Order Form website by repeating the entire ordering process. The order is changed by placing a new one, which replaces the previously submitted order. Any payment already made by the Customer will be settled towards the new order, and in the event of an overpayment, it will be refunded to the bank account from which the payment was made.
- The Customer may cancel their order by selecting the "cancel order" option available on the Electronic Order Form page.
- When a Customer cancels an order, the Seller shall refund the received payment within 3 business days. The refund will be made using the same payment method that the Customer used.
- The order fulfillment time is from 1 to 10 business days counting from the date the contract is concluded.
§ 4. Payment
- The Online Store offers the possibility to make payments in the form of prepayments, cash on delivery (with payment to the account after delivery). The option of deferred payment is possible in situations individually agreed with the Seller.
- Payment for the goods can be made in the manner chosen at the time of placing the order on the Electronic order form.
§ 5. Delivery
- On the Electronic order form, the Customer selects the delivery method by marking their choice.
- In the event that the Customer does not collect the Goods, resulting in the Goods being returned to the Seller - the Seller may withdraw from the sales contract, after previously summoning the Customer by e-mail provided during the purchase process to perform the contract. Withdrawal from the contract is made by submitting a statement to the Customer in the form of an e-mail.
- In the situation indicated in point 2, the Seller is obliged to promptly refund the Customer the payment received for the Goods purchased by the Customer.
- Currently available delivery methods in the Online Store include personal pickup.
- Other delivery methods are arranged individually.
§ 6. Withdrawal from the contract - electronic return form
- A Consumer who has concluded a Distance Sales Agreement may withdraw from it within 14 days without giving any reason. In the event of withdrawal from a Distance Sales Agreement, the contract is considered as not concluded.
- The right to withdraw from the contract under the terms specified in paragraphs 6 and 7 of these Terms and Conditions also applies to an individual Entrepreneur. Wherever paragraphs 6 and 7 of these Terms and Conditions refer to the Consumer, this also includes the individual Entrepreneur.
- In the event of withdrawal from the contract, the Consumer bears only the direct costs of returning the Goods.
- The Consumer's statement must clearly express their intention to withdraw from the contract, in particular the Consumer may:
- withdraw from the contract by sending information to the email: kontakt@mansser.pl
- The Seller shall promptly confirm on a Durable Medium the receipt of the statement of withdrawal from the contract made in the manner indicated in points 1 and 2.
- To meet the deadline, it is sufficient to send the statement before its expiration.
- The period for withdrawal from the contract begins:
- For a contract under which the Seller delivers the item, being obliged to transfer its ownership - from the moment the Goods are taken into possession by the Consumer or a third party indicated by them other than the carrier, and in the case of a contract which:
- includes many items delivered separately, in batches or in parts - from the moment of taking possession of the last item, batch or part;
- involves regular delivery of items for a specified period - from the moment of taking possession of the first item;
- For other contracts - from the date of conclusion of the contract.
- For a contract under which the Seller delivers the item, being obliged to transfer its ownership - from the moment the Goods are taken into possession by the Consumer or a third party indicated by them other than the carrier, and in the case of a contract which:
- The declaration form for withdrawal from the contract (Annex No. 2 to these Terms and Conditions) and the information regarding the use of the right to withdraw from the contract (Annex No. 1 to these Terms and Conditions) are provided in electronic form.
- In the event of withdrawal from a contract for the supply of Digital Content or a Digital Service, the Seller may restrict the Consumer from further use of the Digital Content or Digital Service, in particular by preventing the Consumer from accessing the Digital Content or Digital Service.
- In the event of withdrawal from the Contract for the supply of Digital Content or a Digital Service, the Consumer is obliged to cease using that Digital Content or Digital Service and to make it unavailable to third parties.
- The right of withdrawal from a distance sales contract does not apply to contracts specified in Article 38 of the Act of May 30, 2014 (Journal of Laws of 2019, item 134) on consumer rights, including contracts:
- The right of withdrawal does not apply to contracts for the provision of services for which the Consumer is obliged to pay the price if the Seller has fully performed the service with the Consumer's explicit and prior consent, who was informed before the commencement of the provision that upon fulfillment of the service by the Seller, they will lose the right to withdraw from the contract and acknowledged this.
- In which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the expiry of the withdrawal period;
- whose subject of performance is a non-prefabricated item, produced according to the Consumer's specifications or serving to meet their individualized needs;
- whose subject of performance is an item supplied in sealed packaging, which cannot be returned after opening the packaging due to health protection or hygienic reasons, if the packaging has been opened after delivery;
- whose subject of performance are sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery;
- for the supply of Digital Content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has begun performance with the Consumer's explicit and prior consent, who was informed before the commencement of performance that upon fulfillment by the Seller, they will lose the right to withdraw from the contract and acknowledged this;
- whose subject is an item that spoils quickly or has a short shelf life, and in which the subject of performance are items that, due to their nature, become inseparably combined with other items after delivery;
- for the supply of newspapers, periodicals, or magazines, except for subscription contracts;
- concluded by means of a public auction;
- for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision;
- in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the time of the sales contract, the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the entrepreneur has no control;
§ 7. Effects of withdrawal from the contract
- The Seller shall, within 14 days from the date of receiving the statement of withdrawal from the Sales Agreement, refund the payment made by the Consumer for the purchased Goods.
- The refund will be made using the same payment method that the Consumer used.
- If the Consumer uses the Electronic Return Form to exercise the right of withdrawal, the funds will be returned using the chosen method and to the bank account provided by the Consumer.
- If the Seller has not proposed to collect the Goods from the Consumer themselves, they may withhold the refund of the payments received from the Consumer until the Goods are received back or the Consumer provides proof of their return, whichever event occurs first.
- The Seller may propose to the Consumer that they will collect the item themselves. However, if the Seller has not made such a proposal, the Consumer should return the item to the Seller (or to a person authorized by the Seller to collect it) without delay, but no later than 14 days from the day the Consumer withdrew from the contract. To meet the deadline, it is sufficient to send the item before its expiry. The item being returned by the Consumer should be sent to the Seller's address.
- The Consumer is responsible for any reduction in the value of the Goods resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
- The Consumer cannot withdraw from the contract if the Digital Content or Digital Service is provided in exchange for payment and the lack of conformity of the Digital Content or Digital Service to the contract is insignificant.
- The Seller may demand the return of the material medium on which the Digital Content was delivered within 14 days from the day of receiving the Consumer's statement of withdrawal from the contract. The Consumer returns the medium promptly and at the Seller's expense.
- The Seller is obliged to refund the price only in the part corresponding to the Digital Content or Digital Service that is non-compliant with the contract and the Digital Content or Digital Service whose obligation to be delivered ceased as a result of the withdrawal from the contract.
§ 8. Complaint
- A complaint regarding a defect in the Product or non-compliance of the Product with the concluded Distance Sales Agreement may be submitted:
- via the Electronic Complaint Form;
- in writing to the Seller's registered office address or via e-mail to [kontakt@mansser.pl](mailto:kontakt@mansser.pl)
- The complaint should specify the defect that the Buyer believes the Product has, the demands towards the Seller, and if possible – document the stated defect and present proof of purchase of the Product in the Online Store. The Seller is obliged to respond to the complaint within 14 days from the date of its receipt. If no response is provided within the aforementioned period, the complaint is considered accepted. The Seller shall provide the response to the complaint to the Buyer in writing or on a Durable Medium.
- The steps the Buyer must take to submit a complaint, including the method of delivering the complained Product to the Seller, are indicated at the respective stages in the Electronic Complaint Form.
- In the case the Seller acknowledges the complaint as justified: the costs of replacement, repair, including the cost of shipping related to the complaint of the Product, shall be borne by the Seller.
- The Seller is responsible towards the Consumer, as well as the Individual Entrepreneur, for the lack of conformity of the Product with the Distance Sales Agreement under the terms arising from the Act of May 30, 2014, on Consumer Rights.
- The Seller is liable for the lack of conformity of the Product with the Distance Sales Agreement existing at the time of its delivery and revealed within two years from that moment, unless the shelf life of the Product, specified by the Seller, is longer.
- The Seller shall carry out the repair or replacement of the Product within 14 days from the date of acknowledging the complaint. The costs of repair or replacement, including in particular the costs of postage, transport, labor, and materials, shall be borne by the Seller.
- The Consumer provides the Product subject to repair or replacement to the Seller. The Seller bears the costs of collecting the Product.
- The Seller is obliged to deliver Goods free from defects and is responsible to the Entrepreneur for defects of the purchased Goods under the terms specified in the Civil Code.
§ 10. Warranty
- The Sales Agreement covers new Mansser Osmo Products for a period of 6 years from the date of purchase. For other products, the provisions regarding warranty in accordance with the Civil Code art. 556 and the following apply.
- The Seller is obligated to deliver Products free from physical and legal defects.
- In the event of a defect in the Product purchased from the Seller, the Consumer has the right to claim under the warranty provisions of the Civil Code (art. 556 et seq.). If the Client is an Entrepreneur, the parties exclude the Seller's liability under the warranty. In such a case, the Entrepreneur has the right to use the warranty provided by the manufacturer, under the terms specified in the General Warranty Conditions. The following rules apply only to claims resulting from the Consumer's exercise of rights under the warranty for defects. The rules regarding complaint claims filed by the Client based on the warranty of the sold Products are defined by the General Warranty Conditions. In the case of claims filed by the Consumer, if it is not indicated on what grounds the claims are made, in case of doubt, it is assumed that the claims are made under the warranty.
- The Seller is liable under warranty for physical defects that existed at the time the risk passed to the Consumer or arose from causes inherent in the sold Product at the same time. The warranty period is two years and begins on the day the Product is delivered to the Client.
- If the Product has a defect, the Consumer may submit a declaration of price reduction or withdrawal from the sales contract, unless the Seller promptly and without undue inconvenience to the Consumer replaces the defective Product with one free of defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or if the Seller has failed to fulfill the obligation to replace the Product free of defects or remove the defect.
- The Consumer may, instead of the remedy proposed by the Seller, demand the replacement of the Product with one free of defects or, instead of the replacement, demand the removal of the defect, unless bringing the Product into conformity with the contract in the manner chosen by the Client is impossible or would involve excessive costs compared to the method proposed by the Seller.
- The Client cannot withdraw from the contract if the defect is insignificant.
- The complaint must be submitted in writing or electronically to the address or e-mail address of the Seller provided in this Terms and Conditions. The Client may submit a complaint using the ready-made Complaint Form (attachment no. 4 to the Terms and Conditions). The Complaint Form may also be used by a Client who is an Entrepreneur making claims under the warranty granted by the Seller, following the instructions contained in the form.
- The Client exercising rights under the warranty is obliged, at the Seller's expense, to deliver the defective Product to the Return or Complaint Collection Point address indicated in §3 section. 2. If, due to the type of Product or the manner of its installation, delivering the Product by the Client would be excessively difficult, the Client is obliged to make the Product available to the Seller at the location where the Product is situated. The provisions of this paragraph also apply to the return of the Product in case of withdrawal from the contract and replacement of the Product with one free of defects.
- The complaint submission should include, in particular: a concise description of the defect, the circumstances (including the date) of its detection, photos of the claimed Product, the Client's details (name, address, and e-mail address), the name of the Product and its catalog number, indication of the purchase date of the Product, and the Client's demand related to the complaint. Along with the complaint, no later than within 3 days from its submission, the Client should deliver the Product subject to the complaint or provide proof of sending the product within this period. The Seller reserves the right to request additional information from the Client if the provided data is incomplete, hindering the complaint process. Failure to complete the submission means the complaint procedure cannot be initiated.
- The basis for considering complaint claims is the proof of purchase of the Product presented by the Client. The proof of purchase or its copy should be provided along with the complaint submission.
- The Seller shall respond to the complaint without delay, no later than within 14 days from the date of receiving the complete request for the replacement of the item or removal of the defect, or from the date of submission by the Consumer of a statement on the price reduction specifying the amount by which the price should be reduced. If the Seller fails to respond within this period, it is assumed that the Client's claim has been accepted.
- The Seller notifies the Client about the manner of complaint consideration by sending a message to the e-mail address or, if this address is not available, to the Client's postal address.
- The Seller, when delivering a product free of defects based on warranty provisions, may simultaneously demand the return of the defective Product.
- A Client who is a Consumer, after the complaint procedure is completed, may use out-of-court methods of complaint resolution and claim enforcement. In particular, the Consumer can use mediation procedures provided by provincial inspectorates of the Trade Inspection or permanent consumer arbitration courts operating at the Provincial Inspectorates of the Trade Inspection. Detailed information on out-of-court methods of complaint resolution and claim enforcement, as well as access rules to these procedures, are available at the offices and websites of district (municipal) consumer advocates, social organizations tasked with consumer protection, and Provincial Inspectorates of the Trade Inspection. Important information can also be obtained on the website of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl) In case of a dispute involving a Consumer, an online platform for consumer dispute resolution (ODR) is also available at: http://ec.europa.eu/consumers/odr/. Using out-of-court methods for complaint resolution and claim enforcement is voluntary and can only take place if both parties to the dispute agree. This provision is informational and does not imply the Seller's consent to participate in out-of-court complaint resolution and claim enforcement procedures (dispute resolution).
§ 9. Final Provisions
- These Terms of Use are effective as of March 27, 2025.
- W razie zmiany lub unieważnienia któregokolwiek z postanowień niniejszego Regulaminu decyzją kompetentnego organu lub sądu, pozostałe jego postanowienia pozostają w mocy i wiążą Sprzedawcę oraz Klienta.
- The Seller reserves the right to change these terms and conditions. Any agreements concluded before the effective date of the new terms and conditions shall be executed based on the terms and conditions that were in effect on the date the agreement was concluded.
- The governing law for the resolution of any disputes related to the Terms and Conditions is Polish law. Such disputes shall be resolved by the locally competent common court. A Client who is a Consumer may also use out-of-court methods for handling complaints and pursuing claims. All information regarding out-of-court methods for handling complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: [www.uokik.gov.pl](https://www.uokik.gov.pl). At the same time, we inform that these procedures are voluntary in nature and both parties must consent to them.
- Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform that at the address
http://ec.europa.eu/consumers/odr there is an online platform for dispute resolution between consumers and traders at the EU level (the ODR platform). The ODR platform is a website with a single contact point for consumers and traders seeking an out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts.
§ 10. Annex 1 - Information on the Right of Withdrawal from the Contract
- The right to withdraw from the contract under the terms set out below is granted to the Consumer and the Individual Entrepreneur.
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days:- in the case of a sales contract from the day on which you acquired possession of the item or from the day on which a third party other than the carrier and indicated by you acquired possession of the item;
- in the case of a contract obliging the transfer of ownership of multiple items that are delivered separately, from the day on which you acquired possession of the last item or from the day on which a third party other than the carrier and indicated by you acquired possession of the last item;
- in the case of a contract obliging the transfer of ownership of items delivered in batches or in parts, from the day on which you acquired possession of the last batch or part or from the day on which a third party other than the carrier and indicated by you acquired possession of the last batch or part;
- in the case of contracts for the regular delivery of items for a specified period, from the day on which you acquired possession of the first of the items or from the day on which a third party other than the carrier and indicated by you acquired possession of the first of the items;
- in the case of contracts for the supply of services or digital content that is not supplied on a tangible medium - from the day the contract is concluded.
- To exercise the right of withdrawal from the contract, you must inform us by email at the address: kontakt@mansser.pl
- You may use the model withdrawal form, but it is not obligatory.
- You may also fill out the Electronic return form available on the Online Store website.
- If you choose to use this option, we will promptly send you a confirmation of receipt of the withdrawal information on a durable medium.
- To meet the withdrawal deadline, it is sufficient for you to send the information regarding the exercise of your right to withdraw from the contract before the withdrawal period expires.
- In the event of withdrawal from this contract, we will refund you all payments received from you, including the costs of delivering the item (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us), without undue delay, and in any event no later than 14 days from the day on which we were informed of your decision to exercise the right of withdrawal from this contract. We will make the refund using the same payment methods you used in the original transaction, unless you have expressly agreed otherwise.
- In the event of withdrawal from this contract, we will refund you all payments received from you, including the costs of delivering the item (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us), without undue delay, and in any event no later than 14 days from the day on which we were informed of your decision to exercise the right of withdrawal from this contract. We will make the refund using the same payment methods you used in the original transaction, unless you have expressly agreed otherwise.
- You should send the returned item to the Seller's address without undue delay, and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the item before the 14-day period expires. You will have to bear the direct costs of returning the item.
- Due to the weight and size of the Goods, in the event of withdrawal from the contract, returning the Goods may incur higher costs than a regular postal shipment. If you choose to use courier services, it may be necessary to send the shipment on a pallet, which is more expensive than a regular postal shipment.