1. 1. 1. The legal service https://www.eprawohub.pl certifies the compliance of the legal document with national and European law, including in particular the provisions of the RODO. 
      • The legal service https://www.eprawohub.pl grants a perpetual license for the legal document in question.
      • The perpetual Licensee of this document, i.e. MALMO OZE Spółka z ograniczoną odpowiedzialnością, NIP (Tax identification number) 6452576687, REGON 522927922, st. Gliwicka 35, 42-600 Tarnowskie Góry, being the owner of the website www.malmo-hvac.com undertakes to comply with the rules established herein.
         

                                                                        TERMS AND CONDITIONS OF SALE

                                                                                    on the website

                                                                              www.malmo-hvac.com   

       

       

      § 1 Definitions

      Terms used in the Terms and Conditions mean:
      1. Customer – a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; a legal person; or an organizational unit without legal personality, to which the law grants legal capacity; – who places an Order on the Website.
      2. Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended);
      3. Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly connected with his/her economic or professional activity.
      4. Products – programmes, materials, courses on training and diet, made available as digital content, which are the subject of an order on the website.
      5. Terms and Conditions – these Terms and Conditions for the provision of electronic services and sales on www.malmo-hvac.com .    
      6. Seller and Service Provider – MALMO OZE Spółka z ograniczoną odpowiedzialnością, NIP (Tax identification number) 6452576687, REGON 522927922, st. Gliwicka 35, 42-600 Tarnowskie Góry
      7. Sales contract – a contract for the sale of products, concluded between the Seller and the Customer;
      8. Recipient – a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; a legal person; or an organizational unit without legal personality, to which the law grants legal capacity; – who places an Order on the Website.
      9. Act on provision of services by electronic means – Act of 18 July 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
      10. Order – the Customer’s declaration of intent, aiming directly at the conclusion of the Agreement for the sale of products, within the scope of the subscription.

      § 2 General provisions

      1. These Terms and Conditions have been drawn up on the basis of the legal provisions in force in the Republic of Poland.
      2. These Terms and Conditions set out the general terms and conditions, the manner of providing electronic services and sales conducted via the www.malmo-hvac.com website.    
      3. These Terms and Conditions are continuously available on the website www.malmo-hvac.com in such a way that they can be obtained, reproduced and recorded by printing or saving them on a medium at any time.
      4. In order to start using the website, you must read and fully accept these Terms and Conditions.
      5. The use of the website is possible on condition that the ICT system used by the Customer meets the following minimum technical requirements: computer or mobile device with Internet access, access to e-mail, web browser (one of the following): Firefox, Chrome, Safari, Internet Explorer, Opera, updated to the latest version, with Javascript enabled.
      6. In order to ensure the security of the transmission of communications and data in connection with the services provided on the Website, the Website shall take technical and organizational measures appropriate to the degree of security risk of the services provided, in particular measures to prevent the acquisition and modification by unauthorized persons of personal data transmitted on the Internet.
      7. It is prohibited to use the Website consisting of :
      • • the provision and transmission of unlawful content;
        • take actions that will be a nuisance to other Customers or the Seller/Service Provider and the functioning of the entire service.
        • undertake any actions which are contrary to the laws in force in the Republic of Poland, to the provisions of the Terms and Conditions and to the general principles of Internet use.
        As of 1st January 2021, the consumer provisions set out in these Regulations and the Consumer Rights Act (right of withdrawal, liability under warranty, prohibited contractual provisions) apply to contracts concluded as of that date also to customers who are natural persons concluding a contract directly related to their business activity, when it follows from the content of such contracts that they are not of a professional nature. In order to determine whether such a customer has consumer rights in certain circumstances, it is necessary to verify whether the contract concluded is of a professional nature on the basis of the entry of that entrepreneur in the Central Register of Business Activity and Information of the Republic of Poland.

      § 3 Services provided by electronic means

      The Service Provider provides the following Electronic Services to Customers via the Website :

      1. User account
      2. Placing an order and concluding Sales Contracts, under the terms and conditions set out in these Terms and Conditions;
      3. The use of a User Account is possible after registration. Registration takes place by completing and accepting the registration form, which is made available on one of the pages of the website.
      4. Registration is subject to your agreement to the Terms and Conditions and the provision of personal data marked as mandatory.
      5. The contract for the provision of services consisting in the maintenance of a User Account on the Website is concluded for an indefinite period of time and is terminated when the Customer sends a request for Account deletion.
      6. The contract for the provision of Electronic Services consisting of enabling the Order to be placed is concluded for a definite period of time and is terminated as soon as the Order is placed or the Customer ceases to place it.
      7. The Service Provider may terminate the Service Agreement with the Client at any time within 14 days’ notice for valid reasons, understood as a change in the law governing the provision of services by electronic means by the Service Provider, affecting the mutual rights and obligations set out in the agreement concluded between the Client and the Service Provider or a change in the scope or provision of services to which the provisions of the Terms and Conditions apply.
      8. In the event of a breach of the provisions of these Terms and Conditions by the Client, the Service Provider may, following an ineffective call to cease or remedy the breach, with a suitable period of notice, terminate the contract for the provision of Services by giving 14 days’ notice.
      9. The termination of the Account Service Agreement by either Party, as well as the termination of the Account Service Agreement with the consent of both Parties, shall not affect the rights acquired by the Parties prior to its termination.

      § 4 Sales contract

      1. 1. Information presented on the Website constitutes only an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code, directed by the Seller to Customers, and not an offer within the meaning of the Civil Code.
         2. To place an Order, you must fill in the order form and have an active e-mail account.
         3. The customer must select a specific product by taking subsequent technical steps based on the messages displayed and the information available on the website.
         4. The Customer selects the products to be ordered by adding them to the shopping basket. After the Customer using the service has entered all the necessary data, a summary of the Order placed is displayed.
         5. In order to send an Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the ‘Buy and pay’ button.
         6. The Customer’s sending of the Order constitutes an offer to conclude a contract of sale, covered by the Order. After placing an Order, the Customer receives an e-mail message containing a final confirmation of all material elements of the Order. The confirmation of acceptance of the Order constitutes the Seller’s statement of acceptance of the Customer’s offer.  
         7. The contract shall be deemed concluded upon receipt by the Customer of the e-mail referred to in paragraph 6.

      § 5 License

      1. 1. 1. The User acknowledges that all materials made available to him/her as part of a purchased course or training on the malmo-hvac.com platform are the exclusive intellectual property of the Service Provider and are subject to legal protection in accordance with applicable legislation (with the Act of 4. February 1994 on Copyright and Related Rights).
       
      1. 1. 1. The user undertakes to use the materials made available to him/her and the content/videos/graphics contained therein exclusively for his/her own learning purposes and not to make them available or distribute them to third parties without the consent of the service provider.
       
      1. 1. 1. The user is not entitled to save or download video lessons.
       
      1. 1. 1. It is not permitted to share the User’s account on the malmo-hvac.com platform with other third parties.
       
      1. 1. 1. You agree not to attempt to access material or resources to which you do not have authority.
       
      1. 1. In the event of a breach of the provisions of this section of the Terms and Conditions, the Service Provider may claim compensation and damages from the User for any material and immaterial losses that have resulted from this breach. In addition, the accounts of Users who do not comply with these regulations may be temporarily blocked or deleted.

§ 6 Delivery and payment

1. 1. 1. Due to the fact that the Products in the Offer are electronic products, delivery takes place online. Order processing takes place immediately by e-mail.

 

1. 1. 1. By entering into a contract with the Vendor and selecting the subscription with the cyclical fee option, the Customer agrees that the Payment Provider (PayU) may cyclically debit a monetary amount from the payment card corresponding to the value of the service fee.

 

1. 1. 1. The Vendor may terminate the contract with immediate effect if the Customer is at least 14 days in arrears with payment for the relevant subscription period

 

1. 1. 1. The Customer authorises the Seller to issue a VAT invoice without the recipient’s signature in electronic form (or any other bill documenting the sale in electronic form).

 

1. 1. The prices of the Products are given in Polish zloty and include all components, including VAT.

The customer can choose the following payment methods:

• 1. 1. 1. Online payment, including payment cards (in this case, the processing of the Order will commence after the Seller has sent the Customer a confirmation of acceptance of the Order and after the Seller has received information from the billing agent’s system that the payment has been made by the Customer);
  – The online payment service provider is PayU  
  1. 1. 2. When making an electronic payment, the user will be informed immediately before the payment is made of the amount in which the payment is to be made, the possible ways of making the payment and the details of the payment operator, if the service in question offers such a possibility. Detailed rules for making payments via electronic payment operators are available on the website of the relevant operator.
   
  1. 1. 3. When making a payment via an electronic payment operator, the User should follow the instructions provided by the electronic payment operator to make the payment.
   
  1. 4. Recording, securing, making available and confirming the material provisions of the Sales Agreement to the Customer takes place by sending the Customer, to the e-mail address provided, a printout of the confirmation, the Order specification and the VAT invoice (in the case of the Customer who is an Entrepreneur).

  § 7 Right of withdrawal and its exclusion

  a) General provisions

 

• Terms and Conditions set out the rules for the return of products purchased through the malmo-hvac.com website, including installation products and other materials and equipment available in the shop’s offer with the exception of digital content, including the online course offered by Malmo OZE Sp. z o.o.

 

• Product returns shall be carried out in accordance with the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827) and other applicable laws.

 

• The Regulations apply only to transactions with consumers within the meaning of Article 22[1] of the Civil Code. In the case of transactions with business entities, individual arrangements shall apply.

b) Right of withdrawal  

• The consumer has the right to withdraw from a contract concluded at a distance within 14 days of receipt of the product, without giving any reason.

   

1. 1. In order to exercise the right of withdrawal, the consumer must make a declaration of withdrawal in writing (the declaration can be found at the bottom of the page). The statement can be sent to: Malmo Oze Sp. z o.o. 46 Roosevelta Street; 41-800 Zabrze or by e-mail to: admin@malmo-oze.pl.

 

1. 1. The consumer shall be obliged to return the product within 14 days from the date of making the declaration of withdrawal from the agreement. The product should be returned in an unaltered condition.

 

1. 1. In the event that the returned goods bear traces of use, have been damaged due to improper storage or do not meet the conditions for return under the Terms and Conditions, Malmo oze Sp. z o.o. reserves the right to reject the return and refuse to accept the product.

 

1. Return of the product should be sent to the following address: Malmo Oze Sp. z o.o. 46 Roosevelta Street; 41-800 Zabrze

c) Refund  

1. 1. In the event of withdrawal from the contract, Malmo oze undertakes to refund all payments made by the consumer, including the costs of delivery of the product (with the exception of the additional costs resulting from the choice by the consumer of a delivery method other than the cheapest standard delivery method offered by us).

 

1. 1. Refunds will be made promptly, but no later than 14 days from the day we receive your statement of withdrawal. We may withhold the refund until we receive the product or provide proof of return, whichever is sooner.

 

1. Refunds shall be made using the same means of payment used by the consumer, unless the consumer has expressly agreed otherwise.

d) Product return costs  

1. The consumer shall bear the direct costs of returning the product to Malmo oze, unless Malmo oze has expressly agreed to cover them.

e) Exceptions to the right of withdrawal 1. The right of withdrawal shall not apply to contracts:

1. 1. • concerning the provision of services, if they have been fully performed with the express consent of the consumer before the end of the withdrawal period;
      • where the object of the supply is a product made to the consumer’s specifications or intended to meet his individual needs;
      • where the object of the supply is an item which, by its nature, is inseparably mixed with other items after delivery.

 

§ 8 Complaints

Complaints must be submitted in writing or by e-mail to the contact address indicated under the section Handling of complaints is carried out within 14 days of receipt. Complaint handling

1. 1. Complaints should be submitted in writing or by e-mail to the contact address biuro@malmo-oze.pl
      1. • The complaint notification should include:
         • name and surname or company name of the applicant,
         • contact details (e-mail address, telephone number, postal address),
         • description of the problem and the circumstances justifying the complaint,
         • document confirming the purchase (e.g. invoice, receipt).
   2. A complaint shall be dealt with within 14 days of its receipt by Malmo oze. If the complaint requires additional information or documents, this time may be extended, of which the customer shall be informed.
   3. After considering the complaint, the customer shall be informed of the decision made by e-mail or in writing, depending on the form of complaint.
   4. In the event that the complaint is considered legitimate, Malmo OZE Sp. z o.o. shall take the appropriate actions, in accordance with the applicable legal regulations and warranty conditions.
   5. The Customer, who is a consumer, may also use out-of-court ways of dealing with complaints (mediation, arbitration) and pursuing claims.

 

1. 1. The consumer shall be entitled to apply to the permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
   2. Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform that at http://ec.europa.eu/consumers/odr/. a platform for online dispute resolution between consumers and traders at EU level is available (ODR platform). The ODR platform is a one-stop shop website for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract.

§ 9 Personal data protection

1. 1. 1. The Service Provider, as a Personal Data Administrator, collects and processes the personal data provided by the Clients in accordance with the applicable European and Polish laws and in accordance with the Privacy Policy. Details in the Privacy Policy available on the Website www.malmo-hvac.com .  
      2. Data will be processed in compliance with all security requirements as set out in Regulation 2016/679 of the European Parliament and of the Council of the EU of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/45/EC (RODO).

§ 10 Final provisions

1. 1. 1. All rights to the Website, including property copyrights, intellectual property rights to its name, Internet domain, Website, as well as to the forms, logos belong to the Vendor(Service Provider), and may only be used in the manner specified and in accordance with the Terms and Conditions.
      2. The Seller(Service Provider) shall make every effort to ensure that the Website and all services made available through it operate continuously without any interruptions.
      3. The Seller(Service Provider) reserves the right to temporarily, but for no longer than 48 hours, disable some of the Website’s functionalities in order to improve it, add services or carry out maintenance, upon reasonable advance notice to registered Clients.
      4. Settlement of potential disputes arising between the Seller(Service Provider) and the Client who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
      5. Any disputes arising between the Vendor (Service Provider) and the Client who is an Entrepreneur shall be submitted to the court having jurisdiction over the seat of the Vendor (Service Provider).
      6. Each Client will be informed of any changes to these Terms and Conditions through information on the main page of the Website containing a summary of the changes and their effective date. Customers who have an Account will additionally be informed of the changes together with their summary to the e-mail address indicated by them. The effective date of the changes shall not be shorter than 14 days from the date of their announcement. If the Client with a Client Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Service Provider within 14 days from the date of notification of the changes to the Terms and Conditions. Notification to the Service Provider of non-acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.

 

1. 1. 1. In matters not regulated by these Terms and Conditions, the provisions of the applicable law, including the Civil Code and the Act on Consumer Rights, shall apply.
      2. Malmo oze reserves the right to change the Terms and Conditions. Agreements concluded before the change of these rules shall be governed by the version in force on the day of conclusion of the agreement.

 

1. 1. 1. These Terms and Conditions – in their new wording – are valid as of 01.01.2025.

ANNEX NUMBER 1 WITHDRAWAL FORM TEMPLATE