Terms & Conditions

Terms & Condition of "METOO EUROPE" webshop effective from 01.08.2016 r.

Metoo Europe Regulations

§ I. General provisions

  1. These Regulations defines the rules for the use of the online store available at www.metootoys.eu.
  2. These Regulations are the rules referred to in Article. 8 of the Act on electronic services (Ustawy o świadczeniu usług drogą elektroniczną) according to Polish and European Union Law..
  3. Online store operating at www.metootoys.eu is run by METOO EUROPE Sp. o.o. (limited) based in Minsk Mazowiecki (05-300) at street Józefa Mireckiego 13A / 7M, entered into the National Court Register under KRS number 0000624048, TAX-ID: PL8222354085, REGON: 364738301, with a share capital of 60 000 PLN, paid in full.
  4. Any reference in these Regulations are used, the following terms should be understood as:
    1. Trader/METOO EUROPE: recognized as a METOO EUROPE Sp. o.o. (limited) based in Minsk Mazowiecki (05-300) at       street Józefa Mireckiego 13A / 7M, entered into the National Court Register under KRS number 0000624048, TAX-ID: PL8222354085, REGON: 364738301, with a share capital of 60 000 PLN, paid in full, which offers products and/or services to consumers from a distance;
    2. Wholesale Order: - the B2B Client, directly aimed to conclude the Sale Agreement, specifying in particular the type and number of the Goods. The minimum order value amounts to wholesale 150 Euro net (say: one hundred fifty euro 0/100). Goods purchased under the orders of wholesale are non-refundable. Part of the provisions of the Regulations applies only to wholesale orders, which is explicitly defined in the METOO EUROPE Regulations.
    3. Customer: the natural person whose action is not within the course of a profession or business and who enters into an distance contract with the trader;
    4. Wholesale Consumer/ Wholesale Client: The consumer who is a natural person, legal person or an organizational unit not being a legal person, the special rules confer legal capacity, and that makes wholesale orders within the METOO EUROPE Online Store directly in connection with the business or professional activity. To obtain the status of a wholesale consumer, you must create an account in the shop and specify all data concerning business activity, like name, web address, facebook page etc. within the registration form. METOO EUROPE will review the data and grant access to the wholesale shop within up to 72h after receiving full registry request form. Its specific to the Wholesale Consumer making resale conducted especially for retail consumers, is required for the proper determination of the goods ordered in accordance with applicable regulations and requirements. The price of goods in the resale by the Wholesale Client should not be lower than the price of the goods specified as Minimum Retail Price (MRP). In the event of a reduction (promotion / sale) MRP price of regular goods in the store online www.metootoys.eu wholesale consumer is also entitled to make changes in the prices of goods with the use of MRP prices as in the Online Store www.metootoys.eu.
    5. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
    6. Day: calendar day;
    7. Extended duration transaction: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
    8. Order: the Client’s aimed directly to the conclusion of the Sales Agreement, specifying in particular the type and number of the Goods;
    9. Durable medium: every means that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information;
    10. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
    11. Distance contract: an contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
    12. Technique for distance communication: means that can be used for concluding an contract, without the consumer and trader being in the same place at the same time.
    13. The Act on electronic services: the Act of 18 July 2002. on electronic services (Dz. U. No 144, item. 1204);
    14. The law on consumer rights: the Act of 30 May 2014. on consumer rights (Dz. U. of 2014., pos. 827);
  5. These general terms and conditions apply to every offer made by an trader and to every distance contract that is realised between an trader and a consumer.
  6. All the goods contained in the assortment online store are brand new.
  7. In order to use Online Store consumer should themselves have access to a computer or terminal device with Internet access.
  8. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
  9. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
  10. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
  11. Consumers can get access to these Rules at any time via a link found on the main site.
  12. Information on the Goods quoted on the website store, and in particular their descriptions, technical and performance characteristics and price, are an invitation to sale contract, within the meaning of art. 71 of the Polish Civil Code.

§ II. Terms of Use Online Store

  1. To start using the Online Store Client have to register his user account.
  2. Registration process starts by completing and accepting the registration form available on one side of the Store.
  3. To register, you agree to the content of the Regulations and provide personal information marked as mandatory.
  4. METOO EUROPE after receiving data from the registration form, will activate the account within up to 72 hours. The activation process may be deactivated, depending on the will of METOO EUROPE.
  5. The consumer may at any time unsubscribe from the store, without giving any reason and at no cost, by sending METOO EUROPE via e-mail to the following address: contact@metootoys.eu or in writing to the postal address METOO EUROPE according to point. 3. § I. Regulations.
  6. METOO EUROPE may deprive the consumer the right to use this Online Store, and can restrict its access to part or all of the resources Online Store, with immediate effect, in the event of a breach by the Consumer of the METOO EUROPE Regulations and, in particular, the Consumer:
    1. Provided false data the registration in the store, inaccurate or outdated, misleading or violate the rights of third parties;
    2. Committed through the Online Store a violation of personal rights of third parties, in particular the personal property of other Consumers of Online Store;
    3. Commit other behaviours that are considered by METOO EUROPE as inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of METOO brand or METOO EUROPE company.
  7. A person who has been deprived of the right to use the Online Store can not register again without prior consent of METOO EUROPE.
  8. In order to ensure the safety of transmission of messages and data in connection with the delivered services within the site, Shop Online takes technical and organizational measures appropriate to the seriousness of the safety of services, in particular measures to prevent acquisition and modification by unauthorized personal data transmitted over the Internet.
  9. The Consumer is obliged in particular to:
    1. not to produce and not to forward content prohibited by law, for example: violent content, defamatory or violating personal rights and other rights of third parties;
    2. use the Online Store without disturbing its functioning, in particular through the use of specific software or equipment;
    3. not to take any activities such as sending or posting within the Online Store unsolicited commercial (spam);
    4. use the Online Store without major inconvenience to other consumers and to METOO EUROPE;
    5. use the Online Store in accordance with the rules in force in the Republic of Polish law, the provisions of the Rules, as well as with the general principles of European Union law.

§ III. Online Store offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
  3. Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
    1. the price, including taxes;
    2. any costs of delivery;
    3. the way in which the contract shall be concluded and which actions this will require;
    4. whether or not the right of withdrawal applies;
    5. the method of payment, delivery and implementation of the contract;
    6. the period for accepting the offer or the period for which the trader guarantees the price;
    7. the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the regular basic tariff for the chosen communication technique;
    8. if a contract is filed subsequent to its conclusion, and if so, the way in which this can be accessed by the consumer;
    9. the way in which the consumer can obtain information about the data he has provided for in the course of the contract, as well as the way he can rectify these before the contract is concluded;
    10. the languages in which, in addition to Dutch, the contract can be concluded;
    11. the behavioral codes to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically; and
    12. the minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services.

§ IV. The Contract

  1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
  2. If the Consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
  3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
  4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
  5. Together with the product or service, the trader will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
    1. the office address of the trader’s business location where the consumer can lodge complaints;
    2. the conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal;
    3. information on guarantees and existing after-sales service;
    4. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
    5. the requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite.
  6. In case of a extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.
  7. Minimum wholesale Order, which will be approved for execution by METOO EUROPE is 150.00 EUR net, shipment fee not included (say: one hundred fifty euro).
  8. To send order, it is necessary to make the acceptance of the Regulations, to provide personal information marked as mandatory and pressing the "Place Order - Order of the obligation to pay." An order placed through the Online Store entails the obligation to pay.
  9. Consumer sending Order gives his declaration of intention to conclude the METOO EUROPE Sales Agreement, in accordance with the Online Store Regulations.
  10. After placing order, the consumer receives an e-mail containing a final confirmation of all the essential elements of the Contract, including confirmation of receipt.
  11. The Agreement shall be treated as concluded from the moment of receipt of the e-mail referred to above.
  12. The sales agreement is in English, for complying with the Regulations.
  13. A contract covering products, based on the clear declaration of the Consumer, have been subject to modification, such as the imposition of the sign, customization, modification of appearance, will not be sent COD, unless METOO EUROPE decides otherwise.

§ IV. The price

  1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
  2. Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
  3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
  4. Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and:
    1. they are the result of statutory regulations or stipulations; or
    2. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
  5. Prices stated in offers of products or services include VAT.
  6. The invoice for products, maybe delivered as EU Internal Transfer of Goods regulations, meaning 0% VAT, only if the proper VAT-number will be provided by the consumer.
  7. Commodity prices are given in euro and include payments made by METOO EUROPE within the import procedure.
  8. Products offered by METOO EUROPE are located in the European Union and have been properly cleared accurately to customs procedures, and have covered all the fees associated with the import.

§ V. Delivery services

  1. Delivery of goods is not limited to the area of the European Union and takes place at the address indicated by the consumer when placing orders.
  2. Delivery of ordered goods is done by courier, by DPD parcel service or through manual Polish Post S.A. Additionally, the costs of delivery will be indicated at the time of procurement.
  3. Time limits for delivery pronounced. Transfer for shipment, up to 48 working hours from the date of payment by the consumer orders, with the exception of procurement Pre-Order.
  4. Consumers can get access to these Rules at any time via a link found on the main site.
  5. Consolidation, security, access and consumer confirmation of the relevant provisions of the Agreement, the sale of Goods by sending to the consumer via e-mail by attaching to the parcel containing the Goods receipt or invoice.
  6. METOO EUROPE will not be sent COD, unless it will decide otherwise.

§ VI. Payment

  1. As far as no other date has been agreed, sums payable by the consumer should be paid within 7 days after order date. In the case of a contract to provide a service this 14 days start on the moment the consumer receives the traders confirmation of the contract.
  2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
  3. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
  4. In the event of non-payment on the part of the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.
  5. The consumer has the option to pay the price as follows:
    1. Money transfer to the METOO EUROPE bank account,
    2. payment in Paypal.com (systems secure and instant electronic payments);
    3. credit card payment through Mollie B.V. (www.mollie.com
    4. cash for collection in the office or courier upon delivery "COD".

§ VII. Right of withdrawal

  1. When purchasing products, a consumer has the possibility of dissolving the contract, without giving reasons, during fourteen days. This period commences on the day after the product was received by the consumer or a representative previous designated by the consumer and announced to the trader.
  2. In accordance with Polish Law art. 30 of the Act of 30 May 2014. Consumer Rights (Journal of Laws of 2014. Pos. 827) The consumer may cancel the contract informing METOO EUROPE about his decision to withdraw from the contract by an unequivocal statement sent to the address METOO EUROPE or Online Store email address. The statement of withdrawal can be made using the form, a model of which is attached as Appendix 2 to these Regulations, but it is not mandatory and may be in any form. METOO EUROPE inform the consumer of the receipt of the declaration of withdrawal from the contract.
  3. During this period the consumer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to the trader, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the trader.
  4. When services are supplied, a consumer has the possibility of dissolving the contract, without giving reasons, during at least fourteen days, starting on the day when the contract was concluded.
  5. In case of withdrawal, the contract alone is null and void. If the consumer who is a consumer filed a statement of withdrawal from the contract before METOO EUROPE accepted his offer, the offer ceases to be binding.
  6. In the case of withdrawal, the consumer must return the goods immediately, but no later than within 14 days from the day on which he communicates METOO EUROPE withdraw from the contract. To meet the deadline it is sufficient if the consumer will send the goods within 14 day period to address METOO EUROPE.
  7. In the event of cancellation METOO EUROPE immediately, not later than 14 days from the date of receipt of the declaration consumer to withdraw from the contract, return the consumer received all of its payments, including the costs of delivery of the Goods. If the consumer has chosen a way to provide things other than the least expensive, plain delivery offered by METOO EUROPE, METOO EUROPE is not obliged to return the consumer incurred by him additional costs.
  8. The reimbursement will be made by METOO EUROPE using the same method of payment, which used the consumer, unless the consumer has expressly agreed to a different way of return, which is not binding for him any costs.

§ VIII. Costs in a case of withdrawal

  1. If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.
  2. If the consumer has paid a sum, the trader will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.

§ IX. Preclusion from right of withdrawal

  1. The trader can preclude the consumer from having a right of withdrawal as far is provided for in paragraph 2 and 3 of this article. The preclusion of the right of withdrawal is only valid if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
  2. Preclusion from the right of withdrawal is only possible for products:
    1. that have been created by the trader in accordance with the consumer’s specifications;
    2. that are clearly of a personal nature;
    3. that cannot be returned due to their nature;
    4. that rapidly decay or become obsolete;
    5. the price of which is subject to fluctuations on the financial market over which the trader has no influence;
    6. for individual newspapers and magazines;
    7. for audio- and video-recordings and computer software, whereby the consumer has broken the seal
  3. Preclusion from the right of withdrawal is only possible for services:
    1. relating to accommodation, transport, restaurant business or leisure activities to be carried out on a given date or during a given period;
    2. the supply of which commenced, with the explicit consent of the consumer, before the withdrawal period had lapsed;
    3. relating to bets and lotteries.

§ X. Conformity and Guarantee

  1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
  2. A guarantee arrangement offered by the trader, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce against the trader.

§ XI. Supply and implementation

  1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is deemed to be the address that the consumer makes known to the company.
  3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
  4. In the case of dissolution in accordance with the previous paragraph, the trader will refund the consumer the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
  5. Should delivery of a product that has been ordered prove impossible, the trader will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles. The costs of return shipments will be charged to the trader.
  6. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.

§ XII. Complaints procedure

  1. The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
  2. Complaints about exercising the contract must be submitted to the trader without delay, in their entirety and clearly defined, after the consumer has discovered the defects.
  3. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
  4. A complaint about a product, a service or the trader’s service can also be submitted via email to contact@metootoys.eu.

§ XIV. Judicial Disputes

  1. Contracts entered into between an trader and a consumer and which are subject to these general terms and conditions are subject only to Polish law.

§ XV. Non-judicial ways of dealing with complaints and redress

  1. In the event of a dispute Client being a consumer has the possibility of using extrajudicial means of dealing with complaints and redress. In particular, the consumer is entitled to ask the provincial inspector of Trade Inspection with a request to initiate a mediation procedure, or is entitled to ask the permanent arbitration court of the consumer operating at the provincial inspectorate of Trade Inspection with a request for resolution of a dispute arising from the contract of sale.
  2. The consumer who is a consumer can also get free help and information you need at the consumer ombudsmen.
  3. The consumer who is a consumer can also use the platform for online dispute resolution between consumers and traders (Online Dispute Resolution, hereinafter called ODR) available at http://ec.europa.eu/consumers/odr/
  4. The use of non-judicial means of dealing with complaints and redress is voluntary and both parties must consent to the procedure.
  5. The rules of organization and operation of permanent consumer courts of arbitration determines the Regulation of the Polish Minister of Justice dated 25 September 2001. On the rules of organization and operation of permanent consumer courts of arbitration (Journal of Laws 2001, No. 113, item. 1214).
  6. Detailed information about the extrajudicial methods of dispute resolution between the entrepreneur and the consumer can be found on the website of the Polish Office of Competition and Consumer Protection at: http://www.uokik.gov.pl/spory_konsumenckie.php
  7. If you have any questions related to extrajudicial methods of dispute resolution are also encouraged to contact directly with METOO EUROPE.

§ XVI. Additional or different stipulations

Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.

§ XVII. Final Provisions

  1. In matters not regulated herein shall be governed by Polish law, in particular the Act of 23 April 1964. Civil Code (Dz. U. of 1964. No. 16, pos. 93, as amended. D.), And in the case clients who are consumers also the provisions of the Act of 30 April 2014. on consumer rights (DZ. laws of 2014., pos. 827), as well as the provisions of the Act of 18 July 2002. on electronic services (Dz. Laws No. 144, item. 1204, as amended. d.).
  2. These Rules contain the following attachments:
    1. Appendix 1 - Statement of cancellation;
    2. Appendix 2 - Filing a complaint.
  3. METOO EUROPE reserves the right to amend these Regulations only with major technical, legal or organizational. Amendments to the Regulations become effective and shall enter into force on the date specified by METOO EUROPE, but not earlier than after 14 calendar days from the time of inclusion on the website store information about changes in the Regulations. Consumers who have registered in the Online Store will be additionally informed about the change by sending the Regulations given in the registration form, e-mail address (e-mail) messages to change the Regulations, together with statements of these changes.
  4. These Regulations come into force on 1 August 2016 and applies to contracts concluded from that date.

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